Acceptable Use Policy

The products and subscription services of Miovision Technologies Incorporated and its affiliates (individually and collectively, “Miovision”), provide Customers with a solution to certain traffic problems, and are designed to have the following six impacts: (i) open innovation, (ii) safer streets, (iii) reduced traffic congestion, (iv) complete streets, (v) emissions and air quality monitoring, and (vi) innovative traffic teams.

This Policy applies to all users use of Miovision Hardware, Firmware, Services, Miovision Data, Documentation, and Deliverables (the “Miovision Platform”). By using the Miovision Platform, you acknowledge that you have read, understood, and agree to comply fully with this Policy.

This Policy is designed to prevent unacceptable uses of the Miovision Platform as well as to ensure that Miovision is able to provide the level and quality of services that our users expect. Each user is responsible for ensuring that the use of all services provided to such user complies with this Policy.

Scope

This Policy covers all Information Technology as defined below in the Policy and applies to all users of the Miovision Platform.

All users are responsible for exercising good judgment regarding appropriate use of the Miovision Platform in accordance with this Policy, information technology standards, guidelines, local laws, bylaws and regulations. If a Customer is unsure if the intended use is appropriate or not, please verify with Miovision prior to engaging in such use by contacting hello@miovision.com. Any exceptions to this Policy are documented below under Section 6 (Policy Compliance).

Definitions

Capitalized terms used in this Policy which are not provided a definition shall have the meaning ascribed to them in the Miovision Terms of Use found at https://miovision.com/legal/terms-of-use.

  • Miovision TrafficLink™

  • Miovision SmartLink

  • Miovision SmartSense

  • Miovision SmartView 360 Camera

  • Miovision TrafficLink™ Portal

  • Miovision TrafficLink™ Performance Measures

  • Miovision TrafficLink™ Detection

  • Miovision TrafficLink™ Continuous Counts

  • Miovision TrafficLink™ Safety Analytics

  • Miovision TrafficLink™ Signal Communications

  • Miovision TrafficLink™ Signal Maintenance

  • Miovision Traffic Studies

  • Miovision Scout™

  • Miovision DataLink™

  • Miovision Core™

  • Miovision Traffic Data Online (Scout)

  • Miovision partner portals

  • Miovision customer/support portals

  • Traffop

  • Amazon Web Services (AWS)

Personal information – is defined as any information about an identifiable individual. Note that an individual does not have to be named; if an individual is identifiable from the information, it is considered to be Personal Information.

Policy

1. Ownership

The Miovision Platform and all Intellectual Property associated therewith is the sole and exclusive property of Miovision. Miovision is providing limited access to and use of the Miovision Platform to the Customers in accordance with the terms of the this Policy and the agreement between Miovision and the Customer. The ownership of all data, video, records, documents, equipment, correspondence, statistics, traffic counts, information, databases and communications created, uploaded, stored, processed or analyzed using the Miovision Platform shall be as set out in the
agreement between Miovision and the Customer.

2. Responsibility

All users are responsible for reading, understanding and following this Policy. Any user found to have knowingly violated this Policy may be result in Miovision, at its sole discretion, restricting or terminating access to the Miovision Platform, with or without prior notice.

It is expected and incumbent on the user that if he/she does not understand one or more areas of the Policy, then he/she will seek clarification on the specific areas prior to using the Miovision Platform.

All users are solely responsible and liable for their own use of the Miovision Platform, as well as all uses of the Miovision Platform resulting from access provided to others by the user, either directly or indirectly, whether such access or use is permitted by or in violation of the terms and conditions of the agreement between Miovision and the user, and regardless of whether such use occurred without the user's consent or knowledge.

Notwithstanding the foregoing, and without limitation thereto, all users are responsible and liable to ensure their own compliance, as well as the compliance of all others to whom such user has provided access to the Miovision Platform (directly or indirectly, whether such access or use is permitted by or in violation of the terms and conditions of the agreement between Miovision and the user, and regardless of whether such use occurred without the user’s consent or knowledge) with all applicable laws (including, without limitation, all applicable international, federal, state/provincial, municipal and/or local laws) at all times while using or accessing the Miovision Platform.

3. Acceptable Use

When using the Miovision Platform for any purpose, users are required to conduct themselves in a responsible and professional manner. Users may only use the Miovision Platform in a manner specified in the Terms of Purchase found at https://miovision.com/legal/terms-of-purchase, Terms of Use found at https://miovision.com/legal/terms-of-use, and in accordance with this Policy.

4. Unacceptable Use

Unacceptable use of the Miovision Platform negatively impacts Miovision’s operations and exposes the organization to risk including, but not limited to compromise of network operations and security, privacy, and legal issues. The rules presented in this Policy are in place to protect both Miovision and its Customers.

Unacceptable use includes, but is not limited to:

  • using the Miovision Platform without specific authorization from Miovision;

  • accessing files, data, Confidential Information, Personal Information, Intellectual Property or processes without authorization;

  • using the Miovision Platform to interfere with other systems or users;

  • using the Miovision Platform to deceive, harass or stalk another individual;

  • using the Miovision Platform in any manner that violates any applicable federal, provincial, territorial, local or international law or regulation;

  • intercepting, monitoring, or retrieving any network communication without authorization;

  • circumventing or attempting to circumvent security mechanism;

  • obtaining or using someone else’s password or other authentication credentials;

  • disclosing your password or other authentication credentials;

  • permitting another user to access or use your accounts;

  • propagating computer viruses, worms, Trojan Horses, malware or any other malicious code;

  • preventing others from accessing an authorized service;

  • reverse engineering the Miovision Platform and attempting to bypass or break any security mechanism;

  • degrading or attempting to degrade performance or deny service;

  • corrupting, altering, destroying, or misusing data or information; or

  • as further defined in the Miovision Term of Use at https://miovision.com/legal/terms-of-use.

Note: These are examples only and do not constitute a complete list of unacceptable uses.

5. Incidents

Users must immediately report to Miovision’s Privacy Committee at privacy@miovision.com any known or suspected Policy violations or unauthorized activities that may jeopardize the security of the Miovision Platform, including any loss or compromise of Miovision data, Confidential Information and any loss or theft of a computing device or any component of the Miovision Platform.

6. Policy Compliance

Compliance Monitoring

Miovision reserves the right to monitor the use of the Miovision Platform as it sees fit. Information Technology may be audited, inspected, monitored and/or investigated by authorized individuals to:

  • maintain, repair and manage the Miovision Platform for the efficient operation of business;

  • meet legal requirements to produce information, including with law enforcement;

  • ensure accessibility of the Miovision Platform for the continuity of work processes;

  • provide training and/or analysis;

  • improve business processes and manage productivity;

  • assess users’ compliance with applicable laws; and

  • assess users’ compliance with the applicable terms and conditions of the agreement between Miovision and the user.

7. Violations of Policy

Any breach of this Policy may be result in Miovision, at its sole discretion, restricting, suspending or terminating access to the Miovision Platform, with or without prior notice.

8. Amendments to Policy

Miovision reserves the right to amend this Policy at any time. It is the user’s sole obligation to be familiar and to comply with this Policy at all times.

9. Questions

Should you have any questions or concerns regarding this Policy, please contact privacy@miovision.com.