Commutyble Consumer Account Terms of Service

and

Partner Payment Processing Terms of Service

These Terms and Conditions, together with your Commutyble Application ("Application"), constitute your Commutyble Agreement ("Agreement").  Please read these Terms and Conditions and keep them for your records.  When you open an Commutyble Account ("Account") or use an Commutyble transponder issued by Commutyble, you agree as follows:

I. GENERAL CONDITIONS

  1. You are responsible for maintaining your Account and for monitoring your Account balance and activity.
  2. You shall not assign the obligations or benefits of this Agreement to anyone else without the express written consent of Commutyble.
  3. You must approach and pass through Commutyble toll lanes at the posted site speed limit. Failure to obey the posted speed limit may result in suspension of your Account or Account closure.
  4. In staffed toll lanes, you shall come to a complete stop and proceed only on a green signal or if the gate is raised unless otherwise directed, even if your vehicle is equipped with a Commutyble transponder.
  5. You shall comply with all applicable traffic laws, regulations, signs, signals and directions of Parking Operator, Parking Operator employees, Commutyble employees, agents and law enforcement officers.
  6. Commutyble may deny any Application at any time because of outstanding account maintenance fees, unpaid transactions, citations including civil penalties, the submission of false information, or for any other reason.
  7. You acknowledge and understand that you and your vehicle may be recorded on a video monitoring system and/or digitally photographed while traveling through a parking facility that has an agreement with Commutyble.  You expressly understand that Commutyble monitors the use of the transponder for the purpose of toll collection, traffic monitoring and detecting violations of this Agreement.
  8. You expressly understand that Commutyble may use information gathered from the government agency that is responsible for motor vehicle registrations, in addition to information submitted by you when posting transactions to your Account and deducting applicable tolls.
  9. You authorize Commutyble to process through your Account, the payment of tolls and fees incurred from the use of Facilities.
  10. Failure to comply with this Agreement may result in any or all of the following: Commutyble transaction charges, citations including civil penalties, suspension of your Account.

II. YOUR ACCOUNT

  1. You agree to inform Commutyble of any changes to your Account. Failure to keep your Account up-to-date may result in Commutyble charges and/or suspension of cancellation of your customer account. The following information must be kept current:
    1. Name(s) on the Account;
    2. Address;
    3. Telephone number;
    4. E-mail address;
    5. Vehicle information (registration plate number ("license plate") and state, make, model, and year);
    6. Expiration date of credit card account, or change in credit card number, if applicable;
    7. Payment method and related detail;
    8. Driver's license identification number and state of issuance or state issued identification card number and state of issuance, if provided; and
  2. Commutyble matches a transaction to your Account through information provided by you to Commutyble or registered owner information obtained from the government agency that is responsible for motor vehicle registrations.  The information used to match a transaction to your Account includes, but is not limited to, an identical driver's license identification number or the same name and address.  Commutyble also may deduct from your Account any applicable fees.
  3. Commutyble may add a license plate to your Account if it is matched to your Account by Commutyble for electronic toll collection.  The vehicle may be matched to your Account through information on your Account or information obtained from the government agency responsible for motor vehicle registrations.  Commutyble may match a vehicle to your Account through identical driver's license identification numbers or the same name and address.
  4. Commutyble may add a driver's license identification number to your Account if a transaction is applied to your Account and the driver's license identification number is available.  The driver's license identification number is obtained through the government agency that is responsible for motor vehicle registrations, when searching the registered owner vehicle information for an Commutyble toll facility transaction.
  5. Commutyble may add an address to your Account if a transaction is applied to your Account and a new address is available.  The address is obtained through relevant government agencies and associated services when searching the registered owner information for an Commutyble toll transaction.
  6. No interest will be paid on any funds held in your Account.
  7. You agree that sending information via First-Class mail, email or text message to the address, email address or cell phone number on your Application or to an address, email address or cell phone number that you subsequently provide to Commutyble constitutes notice to you of the tolls, fees or charges owed, changes to account terms and conditions, and of any determination by Commutyble of any submitted dispute of tolls and fees related to this Agreement.  You will be required to opt-in to text messaging service.

III. ACCOUNT PAYMENTS AND REPLENISHMENT

  1. You may choose to replenish your Account in one of the following ways:
    1. By credit card.  You may authorize Commutyble to charge your credit card automatically for all charges to your Account; or you may authorize a one-time online credit card payment via your online account on the website at www.commutyble.com.
    2. By Automated Clearing House (ACH) transaction.
  2. You acknowledge that a fee will be charged to you for each returned Automated Clearing House (ACH) transaction should an overdraft occur.  You agree that the fee may be deducted from your Account. 

IV. ABOUT YOUR TRANSPONDER(S)

  1. You agree to correctly mount, display and use the transponder in accordance with the instructions provided by Commutyble.  Do not mount the transponder in any location that could interfere with your visibility or ability to operate your vehicle.  Failure to mount the transponder correctly may hinder toll collection, and may result in the ability for the transponder to be read, which may result in on-site payment being required at on-site payment rates.
  2. You may use the transponder only with the vehicle specifically registered on your Account.
  3. Movement and/or Reuse of a transponder in another vehicle is strictly prohibited. 
  4. When you use the transponder or any vehicle registered on your Account at any Commutyble facility or a transaction is otherwise matched by Commutyble to your Account, you authorize Commutyble to debit your Account for such use. 
  5. Transactions in which the transponder is not read may result in on-site payment being required.
  6. If your transponder is lost or stolen, you must immediately notify Commutyble verbally, in writing, or via the website.  Until you notify Commutyble that your transponder has been lost or stolen, Commutyble will continue to deduct any tolls or fees incurred by your transponder from your Account.  You will not be liable for transponder use that occurs after you notify Commutyble.   
  7. If you no longer wish to use a transponder issued to your Account, you should remove the transponder and dispose of it.  If you are disposing of your transponder and closing your Account, refer to Section VII.  Termination of this Agreement for voluntary Account closure instructions. 

V. ACCOUNT AGREEMENT MODIFICATIONS

Commutyble may change the Terms and Conditions of this Agreement at any time by advance notice.  These Terms and Conditions shall be effective on December 21, 2015.  If you do not agree to accept the new Terms and Conditions, you must close your Account prior to the effective date of the new Terms and Conditions.  The invalidity of any of the Terms and Conditions of this Agreement shall not affect the enforceability of any other Terms and Conditions of this Agreement, which shall remain in full force and effect. 

VI. DISPUTES

You hereby authorize Commutyble to decide every question or issue in connection with or related to this Agreement, including, without limitation, the imposition of tolls, fees, or other charges incurred, applied or stated for the use or misuse of your transponder or Account.  You may dispute the imposition of charges or fees related to your Account verbally or in writing to Commutyble Customer Service.  Such dispute must be made within thirty (30) days from the date the transaction is posted to your Account. 

VII. TERMINATION

1.    In order to terminate this Agreement and voluntarily close your Account, you may access your Commutyble Account at commutyble.com and submit a request stating your intent to close your Account and terminate this Agreement;

  1. Additionally, you shall:
    1. Pay all amounts owed to Commutyble, including:
      1. Pending toll transactions;
      2. Negative Account balance;
      3. Unpaid tolls, fees, and civil penalties as applicable; and
      4. Other Account related fees, as applicable.
    2. Cease using your Account as it is no longer valid for any toll activity throughout the entire Commutyble system.
  2. If the financial settlement results in a positive Account balance, a refund will be issued.  If a negative Account balance results, a letter showing the balance due will be sent to you for payment.  Refunds are sent within sixty (60*) days of Account termination in accordance with a) and b) above. 
  3. Commutyble may terminate this Agreement and close your Account at any time and for any reason, including inactivity. 

VIII. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the District of Columbia.

IX. COLLECTION OF EXPENSES

You agree to pay all costs, including attorneys' fees, incurred by Commutyble and all entities providing Commutyble services to collect any funds due under the terms of this Agreement.

X. NON-DISCLOSURE

Commutyble respects the right of privacy and confidentiality of all Account holders.  Account information will not be disclosed to third parties without your consent except as permissible by law and the policies of Commutyble and the entities providing Commutyble services.

XI. DISCLAIMER

You acknowledge that Commutyble and all entities providing Commutyble services have not made, and expressly disclaim any representation or warranty, expressed or implied, relating to the transponder including, without limitation, any implied or expressed warranty of merchantability, fitness for a particular purpose or conformity to models or samples.  You agree that Commutyble and all entities providing Commutyble services will have no obligation or liability whatsoever to you with respect to your use or the performance of the transponder, except as specifically provided herein.  You agree to indemnify and hold harmless Commutyble and all entities providing Commutyble services from and against all damage, loss, cost, expense or liability relating to, arising from, or as a result of, the use, installation, performance, or removal of the transponder.

XII. INQUIRIES AND CORRESPONDENCE

Please send correspondence, inquiries, payments and transponder returns to:
Commutyble Customer Service, 1775 Eye Street NW Suite 1150  Washington, DC 20006.

Inquiries and payments can also be made through your online account at commutyble.com.

 

 

 

Effective: December 21, 2015

PRIVACY NOTICE

Last updated January 01, 2020



This privacy notice for New Harbor Network Systems, Inc. (doing business as Commutyble) ("Commutyble," "we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"), such as when you:
Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at support@commutyble.com.


SUMMARY OF KEY POINTS

This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for. You can also click here to go directly to our table of contents.

What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with Commutyble and the Services, the choices you make, and the products and features you use. Click here to learn more.

Do we process any sensitive personal information? We may process sensitive personal information when necessary with your consent or as otherwise permitted by applicable law. Click here to learn more.

Do we receive any information from third parties? We do not receive any information from third parties.

How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Click here to learn more.

In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties. Click here to learn more.

How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Click here to learn more.

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Click here to learn more.

How do I exercise my rights? The easiest way to exercise your rights is by filling out our data subject request form available here: support@commutyble.com, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.

Want to learn more about what Commutyble does with any information we collect? Click here to review the notice in full.


TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE PROCESS YOUR INFORMATION?
3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
5. HOW LONG DO WE KEEP YOUR INFORMATION?
6. HOW DO WE KEEP YOUR INFORMATION SAFE?
7. WHAT ARE YOUR PRIVACY RIGHTS?
8. CONTROLS FOR DO-NOT-TRACK FEATURES
9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
10. DO WE MAKE UPDATES TO THIS NOTICE?
11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
Sensitive Information. When necessary, with your consent or as otherwise permitted by applicable law, we process the following categories of sensitive information:
Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Paya.com. You may find their privacy notice link(s) here: http://Paya.com.

Application Data. If you use our application(s), we also may collect the following information if you choose to provide us with access or permission:
This information is primarily needed to maintain the security and operation of our application(s), for troubleshooting, and for our internal analytics and reporting purposes.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

2. HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
  • To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
  • To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
  • To fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.

  • To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.

  • To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.
  • To evaluate and improve our Services, products, marketing, and your experience. We may process your information when we believe it is necessary to identify usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our Services, products, marketing, and your experience.
  • To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them.

3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

In Short: We may share information in specific situations described in this section and/or with the following third parties.


We may need to share your personal information in the following situations:
  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • When we use Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Places API). To find out more about Google’s Privacy Policy, please refer to this link. We obtain and store on your device ("cache") your location. You may revoke your consent anytime by contacting us at the contact details provided at the end of this document.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

7. WHAT ARE YOUR PRIVACY RIGHTS?

In Short:  You may review, change, or terminate your account at any time.
 
If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are located in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal, nor when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:
  • Log in to your account settings and update your user account.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.

If you have questions or comments about your privacy rights, you may email us at support@commutyble.com.

8. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).

10. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at support@commutyble.com or by post to:

New Harbor Network Systems, Inc.
1775 Eye Street NW
Suite 1150
Washington, DC 20006
United States

12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please visit: support@commutyble.com.
This privacy policy was created using Termly's Privacy Policy Generator.