Legal and Privacy

Legal

PERSENTECH provides the most complete and accurate speed limit and municipal information that is available from published sources including those from municipal, provincial, state, and federal traffic authorities. Virtually all data sources contain inaccurate or incomplete data to some degree since some data is not available or is inconsistent with actual posted speed limits that may change from time to time.  Because of the uncertainty associated with such data, it is the user’s responsibility to use this software prudently and to follow the posted signs at all times.  Ottomobile Pro is intended to be used only as a driving aid, designed to promote safe driving by complementing existing roadway signage.  All locations in your municipality’s road network are potential safety hazards, and you should always be driving with due care and caution.  The driver of the vehicle maintains full responsibility in using the application and for operating the vehicle in a safe manner in accordance with local laws and posted speed limits.

It is the user’s responsibility to use the OttoMobile application prudently. The application is intended to be used only as a driving aid and must not be used for any purpose requiring precise measurement of speed, direction, distance, location, or topography. The GPS system is operated by the United States Government, which is solely responsible for its accuracy and maintenance. The system is subject to changes that could affect the accuracy and performance of all GPS equipment. Although the iPhone includes a GPS receiver, GPS position and speed information can be incorrect or misinterpreted and, therefore, the information presented within the Ottomobile Pro application will be incorrect. USE THE Ottomobile Pro APPLICATION ON THE SMARTPHONE AT YOUR OWN RISK. WHEN IN ACTUAL USE, CAREFULLY COMPARE INDICATIONS FROM THE DEVICE WITH EXISTING ROADWAY SIGNAGE AND TO ANY OTHER AVAILABLE SOURCES. FOR SAFETY, ALWAYS RESOLVE ANY DISCREPANCIES BEFORE CONTINUING WITH THE USE OF THE DEVICE AND APPLICATION FOR INDICATION OF SPEED LIMIT DATA AND OTHER MAP DATA POINTS.

In no event shall PERSENTECH be liable for any fine, penalty, punishment, or any notice of intended prosecution or photo enforcement summonses issued to anyone using the Ottomobile Pro application in respect of any speeding violation, red light violation, or other traffic violation. Ottomobile Pro users remain responsible for observing all relevant laws and codes of safe driving, and the consequences of their driving behaviour.
Furthermore, PERSENTECH cannot be responsible in any manner for any accessory equipment that are attached to or used in connection with the smartphone and PERSENTECH cannot be responsible for any damage to the smartphone resulting from the use of the Ottomobile Pro application.  It is the responsibility of the user to ensure that the smartphone is properly mounted and that a proper power source is used to maintain operation while using the application.

The user also agrees that all airtime charges are their responsibility.  Some features of the Ottomobile Pro application require network data (such as downloading maps, sending heartbeats, and viewing trip traces) and may be subject to airtime charges by your wireless provider.  Please be aware of these potential charges.

Privacy

Privacy Policy

Introduction

This Policy deals only with personal information handled by PERSENTECH relating to transactions and registrations with its customers. The following explains how PERSENTECH handles personal information.

Collection and Use of Personal Information

PERSENTECH limits the personal information that we collect about customers and the subscriber community to what we need for internal contact, support, and reference purposes only. The key requirements for such personal information include:

  • Map registration that includes a one-year subscription to map updates for the municipal coverage area that is attributed to an email address and password.

We will not sell or rent your personally identifiable information or a list of our customers to third parties. We will obtain your prior consent if there is any reason to use this personal information for any other purposes.

Where contract or supplier information is collected, it will also be protected and only used for the purposes intended.

This Privacy Policy applies to all services that are hosted on the myottomobile.com, PERSENTECH.com and myottomate.com web sites. Personal information submitted through other gateways linked through the PERSENTECH.com and myottomate.com websites are subject to other policies and PERSENTECH makes no warranty with respect to such links.

Access

We will provide you with access to the personal information we retain about you upon your request. You may challenge the accuracy and completeness of the personal information and have it amended as appropriate.

Accuracy

We make every reasonable effort to keep your personal information accurate, complete, and up-to-date. The integrity of this information is subject to the information provided by you at the time of registration or through other correspondence afterwards.

Protecting Personal Information

We protect your personal information with appropriate safeguards and security measures against such risks as unauthorized access, use, release or destruction. We retain your information only for the time it is required for the purposes stated. Stale dated personal information will regularly be reviewed and shredded or deleted.

Only those employees involved in processing data have access to this personal information. Any employee found in violation of our security or privacy policy is subject to disciplinary action.

Your personal information will be stored and processed on our computers in Canada. The laws on privacy and personal information are outlined at http://laws.justice.gc.ca/en/P-8.6/text.html relating to Canada’s “Personal Information Protection and Electronics Document Act”. If you object to your personal information being transferred or used as described in this Privacy Policy, please do not register for the PERSENTECH and myottomate.com subscription and map update service.

Access to Credit Card Information

For accessory purchases, credit card information is processed through the PayPal™ payment gateway, and security and privacy relating to your credit card is subject to the policies related to the PayPal™ processing. This policy can be access at: http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/ua/policy_privacy-outside

Customer Service Correspondence

If you send us correspondence, including e-mails and faxes, we retain such information in the records of your account. We will also retain customer service correspondence and other correspondence from PERSENTECH to you. We retain these records in order to measure and improve our customer service, and to investigate potential fraud and violations of our User Agreement. We may, over time, delete these records if permitted by law.

Questionnaires, Surveys and Profile Data

From time to time, we offer optional questionnaires and surveys to our users for such purposes as collecting demographic information or assessing users’ interests and needs. The use of the information collected will be explained in detail in the survey itself. If we collect personally identifiable information from our users in these questionnaires and surveys, the users will be given notice of how the information will be used prior to their participation in the survey or questionnaire.

Acceptance

By accepting the Privacy Policy and User Agreement during registration, you expressly consent to our use and disclosure of your personal information in the manner described in this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the PERSENTECH User Agreement. This Privacy Policy took effect on May 1st 2005.

This Privacy Policy was last updated on April 20th, 2010.

Contact Us

If you have any questions regarding this Privacy Policy or our implementation, please contact our Privacy Office to discuss your needs or concerns.

PERSENTECH Inc.
sales@persentech.com

Terms and Conditions

Welcome to myottomobile.com/myottomobile.ca (“Site”), owned by Persen Technologies Inc. (“We”, “we”, “Us”, “us”, “Our”, “our”, “PERSENTECH”), and operated by PERSENTECH. You are subject to the following Terms and Conditions (“T&C”) throughout this site, whether or not you have registered. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT AND BE BOUND BY THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY AND OUR T&C, WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY AND OUR T&C, PLEASE DO NOT USE THIS SITE.Site visitor, whereby you may view the public parts of the Site without revealing any personally identifiable information;

  1. DESCRIPTION OF SERVICE
    • We provide Site visitors and members (“Users”) with access to on-line resources to purchase products and accessories, to inform Users of latest developments and map updates, and to provide Users with general information about the OttoMobile™ application features and benefits. Our Site is equipped with one User level access:
      • Site visitor, whereby you may view the public parts of the Site without revealing any personally identifiable information;
      • Site membership with account details are accessed via the in-application “MyAccount” selection, whereby you must register to access and make use of map purchases, map updates and location tracking services.
        • In order to use such services, you must first obtain access to the Internet with a Data plan, pay any service fees associated with such access, and provide all equipment necessary to make such a connection, including the smartphone device.
  2. USER REGISTRATION OBLIGATIONS
    • When registering for use of the account portion of the Site, you agree to:
      • Provide true, accurate, current and complete information when prompted by the Site’s registration form; such information being the email address and password.
  3. PRIVACY POLICY, PASSWORDS AND SECURITY
    • All personally identifiable information submitted to Our Site, specifically your email address, is subject to Our Privacy Policy. For more information, please see our full Privacy Policy.
    • You are responsible for maintaining the confidentiality of your account, and are fully responsible for all activities that occur under your account.
    • You agree to:
      • Immediately notify Us of any unauthorized use of your account or any other breach of security; and
      • We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
  4. INFORMATION CONTENT
    • You understand that all advice, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, is provided as a convenience, and represents the most relevant and reliable information that we can make available to you.
    • For the purposes of the T&C, “public parts of the Site” are those accessible by Registered Members.
  5. INDEMNITY
    • You understand and agree that We assume no responsibility for the timeliness, delivery, deletion or failure to store any User communications or personalization settings.
    • You agree to indemnify and hold Us harmless from all damages, costs, liabilities, and any claim or demand, including reasonable lawyers’ fees, made by any third party, due to or arising out of your use of the Site, your connection to the Site, your violation of the T&C, or your violation of any rights of another person, or due to or arising from such activities carried out by a person using your computer facilities, Site account, with, or without your knowledge.
  6. GENERAL PRACTICES REGARDING USE AND STORAGE
    • You acknowledge that We may establish general practices and limits concerning use of this Site.
    • You acknowledge that We reserve the right to delete accounts that are inactive for an extended period.
    • You further acknowledge that We reserve the right to change these general practices and limits at any time, at our sole discretion, with or without notice.
  7. MODIFICATIONS TO THE SITE
    • We reserve the right to modify or discontinue, temporarily or permanently, this Site, or any part thereof, with or without notice, at any time.
    • You agree that We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any part thereof.
    • Unless explicitly stated otherwise, any new features that augment or enhance the current Site, including the release of new resources, tools or services, shall be subject to this T&C.
  8. TERMINATION
    • By using Our Site, you do not acquire any rights to the Site other than a limited license to use it as provided herein, which can be terminated in accordance with this section.
    • You agree that We, in our sole discretion, may terminate your account, or any part thereof, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the T&C.
    • We may also in Our sole discretion discontinue providing the Site, or any part thereof, with or without notice, at any time.
    • You agree that any termination of your access to this Site under any provision of this T&C may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete your account and all related information and files and/or bar any further access to such files or to the Site.
    • Further, you agree that We shall not be liable to you or any third-party for any termination of your access to the Site
  9. DEALINGS WITH THIRD PARTIES
    • Your correspondence, business dealings with, or participation in promotions of third party commercial entities, experts, or advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such commercial entity, expert or advertiser.
    • You agree that We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such commercial entities, experts or advertisers on this Site.
  10. EXTERNAL LINKS
    • This Site may provide, or third parties may provide, links to other Internet Sites or resources. Because We have no control over such Sites and resources, you acknowledge and agree that We are not responsible for the availability of such external Sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such Sites or resources.
    • You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such Site or resource.
    • You further acknowledge and agree to comply with the Terms, Conditions and Privacy Policies of each external site linked to from this Site, and if you do not agree with those Terms, Conditions and Privacy Policies that you will leave the linked site immediately.
    • You agree not to modify the Site in any manner or form, or to use modified versions of the Site, including (without limitation) for obtaining unauthorized access to the Site.
    • You further agree not to access the Site by any means other than through the interface that is provided by Us.
  11. DISCLAIMER OF WARRANTIES
    • You expressly understand and agree that:
      • Our Site is provided on an “as is” and “as available” basis and your use of Our Site is at your sole risk.
      • We disclaim all warranties of any kind, whether express or implied.
      • We make no representation or warranty that:
        • Our Site will meet your requirements;
        • Our Site’s service will be uninterrupted, timely, secure or error-free;
        • Content obtained from or through the use of Our Site will be accurate or reliable; and
        • The quality of any advice, products, services, information, or other material purchased or obtained by you through Our Site will meet your expectations;
        • Any advice or information, whether oral or written, obtained by you from Us or through or from this Site shall create any warranty not expressly stated in the T&C.
  12. LIMITATION OF LIABILITY
    • You expressly understand and agree that We shall not be held liable for any, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, failure to realize expected savings, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
      • The use or the inability to use the Site;
      • The cost of replacing, or failure of receipt of, any goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from our Site;
      • Invalid destinations, transmission errors, or unauthorized access to or alteration of your transmissions or data;
      • Statements, offers or non-offers, or conduct of any Partner, Contributor or third party on Our Site; or
      • Any other matter relating to Our Site and the Network.
  13. NOTICES
    • Notices to you may be made via email.
    • We may also provide notices of changes to the T&C or other matters by displaying notices or links to notices to you generally on the Site.
    • While we may give you notice from time to time, We are not obligated to do so.
  14. TRADEMARK INFORMATION, COPYRIGHTS AND COPYRIGHT AGENTS
    • You should assume everything you see or read on Our Site is copyrighted unless otherwise noted.
    • You are free to cite the Content provided you do not modify it and provided you retain all copyrights and other proprietary notices contained in the Content and on Our Site; however, you require Our written consent to copy or display any portion of the Content for redistribution to third parties or for commercial purposes.
    • The trademarks, logos, service marks and other names and icons identifying products and services on this Site are Our registered and unregistered trademarks
  15. GENERAL INFORMATION
    • The T&C constitutes the entire agreement between you and Us and governs your use of the Site, superseding any prior agreements between you and Us.
    • You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, products and services.
    • The laws of Manitoba, Canada shall govern the T&C and the relationship between you and Us. You and We agree to submit to the personal jurisdiction of the courts located within Manitoba, Canada in relation to claims arising under or related to the T&C.
    • Our failure to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.
    • You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    • The section titles in the T&C are for convenience only and have no legal or contractual effect.