F.R.O.G. PANEL - WEB PRIVACY NOTICE

1) Introduction

Thank you for visiting the Washington State Transportation Commission’s (WSTC) Ferry Rider Opinion Group’s (F.R.O.G.) web site and reviewing our Privacy Notice. This notice addresses the collection, use and security of and access to information that may be obtained through use of this website panel.

Any time you participate as a respondent in one of our panel surveys, you can be assured that your individual responses will not be linked to your personal identifying information without your express permission. You are free to choose whether or not to participate in a panel survey, free to choose not to answer any specific questions and free to discontinue participation at any time.

The research conducted using the F.R.O.G. conforms to the codes and ethical guidelines provided by:

Council of American Survey Research Organizations (CASRO)

European Society of Opinion and Marketing Research (ESOMAR)

American Association for Public Opinion Research (AAPOR)

American Marketing Association (AMA)

2) Information Collected and How it is Used

a) Information Collected During the Registration Process

Individuals can join the F.R.O.G. by registering at (www.ferryridersopiniongroup.com ) website. When registering to participate in the F.R.O.G. we require individuals to provide us with contact information (e.g., email address, phone number, home address, zip code and county) and demographic information (e.g., gender, birth year, family size, and household income). To allow individuals to modify their submissions at a later point in time, we also ask registrants to establish a unique password. Individuals under the age of 18 are prevented from registering based upon their birth year entry on the registration form. Individuals who are age 18 are required to enter their month and day of birth to verify they are at least 18 years of age

Once you become a panel member you agree to receive communication from the F.R.O.G. regarding survey invitations and reminders, updates to our privacy policy, regional-specific communications in the event of a natural or other disaster, responses to inquiries that you submit to our WSTC Survey Project Manager, and inquiries should we receive communication from your ISP regarding your status as a F.R.O.G. member.

b) Other Information Collected on the F.R.O.G. Website

As part of the survey process, we will ask F.R.O.G. panel members other demographic information (e.g., income level), and other information related to interests, ferry usage , and product/technology usage. We collect this information so that we can send surveys to members that correspond with their interests. We aggregate the responses received by various broad categories to report the aggregated results. We also summarize information about the F.R.O.G. panel to develop statistics ensuring that the panel is representative of the general population and ferry ridership. We may also use information provided by F.R.O.G. panel members to pre-qualify them for future market research that target certain demographics (male vs. female, age, etc.) and ferry usage (commuters vs. infrequent riders, etc.).

3) Public Access to Information

In Washington, laws exist to ensure that state government is open and that the public has a right to access appropriate records and information possessed by state government. At the same time, there are exceptions to the public's right to access public records that serve various needs, including the privacy of individuals. Exceptions are provided by both state and federal laws.

All of the information collected at this site becomes public records that may be subject to inspection and copying by members of the public, unless an exemption in law exists. The provisions of RCW 42.56.070(1) state that:

"Each agency, in accordance with published rules, shall make available for public inspection and copying all public records, unless the record falls within the specific exemptions of subsection (6) of this section, this chapter, or other statute which exempts or prohibits disclosure of specific information or records. To the extent required to prevent an unreasonable invasion of personal privacy interests protected by this chapter, an agency shall delete identifying details in a manner consistent with this chapter when it makes available or publishes any public record; however, in each case, the justification for the deletion shall be explained fully in writing."

In the event of a conflict between this Privacy Notice and the Public Records Act or other law governing the agency’s disclosure of records, the Public Records Act or other applicable law will control.

a) Legal Disclaimer

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with the state public records act, a current judicial proceeding, a court order or legal process served on our website.

4) Accessing the Information You Provided

For panel members, not only is it important for our members to be able to correct their information, it is important to us. We encourage members to keep their account profiles up-to-date, so that we continue to have accurate demographic information behind our results.

Personal information previously provided when responding to a survey, through the F.R.O.G. site may be changed or modified by the following options:

Visit the F.R.O.G. (www.ferryridersopiniongroup.com ) website, log in, and update your information.

Send an email to WSTC FROG Project Manager at WSTC_PM@voiceofwashingtonsurvey.com.

5) Our Opt-out Policies

For panel members, we are committed to giving you the maximum amount of flexibility in accessing your information, and in the level of participation you have with our sites. In each email invitation sent to members of our respondent database, we provide the opportunity to opt-out of receipt of further mailings. This opt-out opportunity deactivates the member's account and terminates their membership with the F.R.O.G.. Our survey invitations inform you about the subject matter of the survey in which we would like your input. Except as may be required by law, any personally identifiable information that you provide during the survey process will be subject to your consent prior to release. Should you grant release of such information, and then change your mind, all you need do is to send an email to WSTC FROG Project Manager at WSTC_PM@voiceofwashingtonsurvey.com. If at any point you decide that you no longer wish to be a member of F.R.O.G., you may send an email request with the word "unsubscribe" to WSTC FROG Project Manager at WSTC_PM@voiceofwashingtonsurvey.com. We will retain your information in our "unsubscribe" database, to ensure that we do not contact you in the future.

6) SECURITY SAFEGUARDS

To the extent authorized by Washington State law, F.R.O.G. shall protect and not disclose participant’s personal information. The F.R.O.G. shall protect personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures, regardless of the format in which it is held.

F.R.O.G. shall protect personal information disclosed to third parties by contractual agreements stipulating the sensitivity of the information and the purposes for which it is to be used.

All of the F.R.O.G.'s employees with access to personal information shall be required to respect the confidentiality of that information.

Member acknowledges, however, that the WSTC is subject to the Washington State Public Records Act, chapter 42.56 RCW, which, unless specifically exempt, requires public disclosure of information in WSDOT’s possession. Should such information become the subject of a request for public disclosure, F.R.O.G. shall immediately notify the member of such request and the date by which F.R.O.G. anticipates producing the requested records. If the member makes a timely assertion that the requested records contain personal information which is exempt from disclosure, F.R.O.G. will allow participant a reasonable time to seek judicial protection of the records pursuant to RCW 42.56.540.

7) How to Contact Us

If you are a panel member and have questions or comments about this privacy statement, please send an email to WSTC FROG Project Manager at WSTC_PM@voiceofwashingtonsurvey.com.

8) Terms and Conditions of Use Of F.R.O.G. Panel

Washington State Transportation Commission (WSTC) owns and uses MicroPanel (SurveyAnalytics) to operates this Internet site, blog and discussion boards (collectively, the “Site”), located on servers in the United States. By accessing, browsing and/or using the pages in this Site, you agree to these terms and conditions (“Terms and Conditions”). THIS AGREEMENT CONTAINS DISCLAIMER AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. If you do not agree to these Terms and Conditions, do not access, browse or use this Site.

8a) Grant and Restrictions on Use

The materials published on this Site, and any other World Wide Web site owned, operated, licensed, or controlled by SurveyAnalytics or any of its related, affiliated or subsidiary companies (collectively the "Materials") and operated on behalf of WSTC may not be copied or distributed, republished, uploaded, posted or transmitted in any way, except as otherwise permitted by WSTC/SurveyAnalytics or any of its relevant related, affiliated or subsidiary company or companies, as the case may be. WSTC/SurveyAnalytics hereby grants you a limited license to use the Materials, features and services provided by SurveyAnalytics on this Site, solely for your personal, non-commercial use, to post any comment or other material, subject to these Terms and Conditions. All of the Materials available on this Site are proprietary and the subject of copyright and author’s rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property right.

8b) Acceptable Use Policy

You are prohibited from transmitting any “sensitive” personally identifiable information over the Site, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters (“Sensitive Personal Information”). You are also prohibited: (i) from using the Site to send or post harassing, abusive, or threatening messages; (ii) transmit through the Web Site any information, data, text, files, links, software, or other materials that WSTC/SurveyAnalytics considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable or which threatens our relationships with our partners, customers or suppliers; (iii) from attempting to conceal or misrepresent the identity of the sender or person submitting the information; (iv) disrupting the normal flow of the Site, including any dialogue on the Site or otherwise act in a manner that negatively affects other participants; (v) from sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content; (vi) intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site; (vii) posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming; (viii) posting Submissions or using the Site in such a way that damages the image or rights of SurveyAnalytics, other Users or third parties; and (ix) from creating any frames at any other Sites pertaining to any portions of this Site.

8c) User Submissions

You give WSTC/SurveyAnalytics a non-exclusive, free, worldwide license for the duration of the applicable author’s rights, to publish your surveys, remarks, graphics, photographs, or other information communicated to WSTC/SurveyAnalytics through this Site (together, the "Submission"). In addition to the right to publish, WSTC/SurveyAnalytics is also granted under said license the following rights, without limitation: (i) the right to reproduce; (ii) the right to transfer, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, translate, in all or in part; (iv) the right to update/upgrade by adding or removing; and (v) the right to film, perform or post the Submission in any media. Except as described in our Privacy Policy.,

Your Submission, including any personally identifiable information, is voluntary and subject to the Privacy Policy. You are responsible for the content of the Submission and agree to defend (at WSTC/SurveyAnalytics's option and at your sole expense), indemnify and hold WSTC/SurveyAnalytics harmless from any damages, losses, costs, or expenses, including attorneys' fees, which WSTC/SurveyAnalytics may incur as a result of your Submission. If you are viewing this Site on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off this Site and the computer system you are using to prevent unauthorized Submissions. WSTC/SurveyAnalytics retains the right to review, edit, or delete from this Site any Submission which WSTC/SurveyAnalytics in its sole discretion considers illegal, offensive, or otherwise inappropriate.

8d) Submissions of Surveys

The submission of your Survey to WSTC/SurveyAnalytics is entirely voluntary, non-confidential, gratuitous, and non-committal. You grant to WSTC/SurveyAnalytics and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty free license to use any surveys or other materials you submit to WSTC/SurveyAnalytics without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Survey, and all rights therein, in the name of WSTC/SurveyAnalytics, or its designees throughout the universe in perpetuity in any and all media now or hereafter known.

You acknowledge that you have read, understand and agree to the terms enumerated below, and further agree that these terms shall apply to any additional material previously or later submitted, until such time as WSTC/SurveyAnalytics otherwise agrees in writing:

1. To the best of your knowledge, the Survey represents your own original work.

2. WSTC/SurveyAnalytics establishes a confidential relationship, treat the analysed data (or any related materials) as secret or confidential.

3. You understand that WSTC/SurveyAnalytics has no obligation, either express or implied, to develop or use your survey and that no compensation is due to you or anyone else for any inadvertent or intentional use of that survey.

8e) Access to Site

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8g) Liability

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Access to and use of this Site and these Terms and Conditions are governed by U. S. federal law and/or the laws of the State of Washington, U.S.A. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE OR THESE TERMS AND CONDITIONS SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF WASHINGTON, U.S.A. YOU AND WSTC/SURVEYANALYTICS AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

8j) Waiver

The delay or omission by either party to enforce or exercise any terms or right pursuant to these Terms and Conditions will not impair any such term or right nor be construed to be a waiver thereof and shall in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.

8k) Modifications To Terms and Conditions

WSTC/SurveyAnalytics can revise these Terms and Conditions at any time by modifying or updating this posting, except where other notice or consent is required by law. Your use of this Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated. These Terms and Conditions were last revised on September 4, 2011.

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