10-079 - King County Metro Transit - 2011 ORCA Card Program

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transfer or grant of any copyright or other property interest in such data, reports or information. The ORCA Agencies hereby grant to the Business Account a non exclusive license to use any data, reports or information provided by the ORCA Agencies, via this website or otherwise, for any lawful purpose related to the administration of the transportation program of the Business Account. 9.2 The ORCA System will record data each time an ORCA Business Card is presented to an ORCA device for fare payment and to load a product. Such transaction data includes, but is not limited to, the date, time, and location (or route) of the transaction The Business Account may routinely access such transaction data related to its Business Cards to the extent provided via the Business Account website. Said website and its reports do not provide the Business Account Business Card transaction data linked to card serial numbers The Primary Contact Person of the Business Account may submit a written request to the Lead Agency for the card number linked to a specific transaction. The written request shall include the following: a. the date, time and other known details about the specific transaction for which a card serial number is being requested, and b the signature of the Primary Contact Person. If the Lead Agency determines that the subject transaction(s) is linked to a Business Card issued to the Business Account, the Lead Agency will provide the Business Account with the card serial number linked to the requested transaction(s) The Business Account agrees that it will use such card serial number information only for purposes of enforcing its Rules of Use or other lawful business purposes. The Business Account must maintain its own records if it wishes to identify the card serial number issued to an individual. 9 3 The Business Account understands and agrees that all records related to its participation in the ORCA System are public records under the Washington Public Records Act (Chapter 42.56 RCW) "Act including but not limited to: (a) this Agreement and the sales activity hereunder; (b) the orders, communications, and any other information provided by the Business Account to the Lead Agency, the other ORCA Agencies or the ORCA System, whether provided via this website or otherwise and whether provided in hard copy or electronic form; (c) any communications, responses, requests, reports or information of any kind provided to the Business Account from the Lead Agency, the other ORCA Agencies or the ORCA System, and (d) all data, reports and information of any kind related to the loading of products on, and the use of, the Business Cards issued to the Business Account. As public records, these records will be made available for public inspection and copying upon request, unless the Lead Agency determines they are exempt from disclosure 10.0 INDIVIDUAL USE OF BUSINESS CARD AFTER LEAVING A BUSINESS ACCOUNT The Business Account may choose to allow employees to retain their Business Cards upon leaving the employ of the Business Account if individuals have loaded e -purse or other ORCA Products on the card at their own expense. If this option is selected, the Business Account is responsible for blocking the Business Passport Product and other ORCA Products for which the Business Account is fiscally responsible, using the product block function of the Business Account website 11.0 OTHER ORCA PROGRAM ACTIVITIES The Business Account and its participants may be asked and required to perform other activities associated with the ORCA program, such as but not limited to, participant surveys and evaluations. If the Lead Agency deems such activities are needed, then it will send notice at least thirty (30) days prior to the commencement of such activities to the Business Account's Primary Contact Person as identified in Attachment 2. 12.0 TERMINATION 12 1 The Lead Agency may at any time terminate the Agreement if the Business Account fails to make timely and effective payment of all amounts due, or otherwise breaches the Agreement, or acts in manner indicating that it intends to not comply, or is unable to comply, Passport Customer Agreement City of Tukwila 1592 October 1, 2010 September 30, 2011 Page 7 of 17