The following is taken from Exhibit G of the City of Santa Monica's ("City") agreement (11191) with Lyft, Inc. ("Lyft"). By submitting this application, City and Rider acknowledge and agree to these terms:
Consents
- Notices. As applicable, the City is obligated to notify Riders that the City will receive information related to certain Rides, including but not limited to, for example, name of Rider, time of ride, and ride cost. The City agrees that all Riders completing an application to receive Lyft Concierge Services shall consent to the following language: "By accepting Lyft Concierge Ride services, you consent to Lyft's Rider Terms of Service, which is available at https://www.lyft.com/terms."
- Automated Text Messaging or Calls. The City acknowledges and agrees that if the City uses Concierge or Lyft Pass and provides Lyft with the phone numbers of Riders or other individuals via the Services, the City will obtain any and all permissions, and consents necessary under the Telephone Consumer Protection Act ("TCPA") and any other applicable federal, state and local laws, rules or regulations for the City and/or Lyft to use an automatic telephone dialing system to call, text or otherwise contact the recipient associated with the phone number provided by the City (whether a Rider or otherwise) including via SMS message or voice call, in relation to a Ride taken by a Rider, and/or the City's use of the Services. The City acknowledges and agrees that by providing an individual's phone number via the Services for any purpose, such individual (whether a Rider or otherwise) shall receive automated communications, including but not limited to SMS messages or phone calls relating to a Ride, and/or the City's other uses of the Services. The City further acknowledges and agrees it will not send personally identifiable information or other sensitive information in relation to the content of SMS messages and calls made by the City through the Services.
- Emails. The City acknowledges and agrees that if the City uses Lyft Pass or Business Profiles and provides Lyft with the email addresses of Riders or other individuals, the City must obtain all rights and permissions necessary under the Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM Act) and any other applicable federal, state, and local laws, rules or regulations for Lyft to email such persons.
- Data Usage. The City consents on behalf of itself and will obtain the consent of each Rider to allow Lyft to use any Rider information provided by the City to (i) transmit a request via the Lyft Platform to available Drivers; (ii) send automated transactional communications, including but not limited to SMS texts or phone calls, to the Rider relating to the Ride or the provision of the Services; (iii) share the Rider information with the Driver who accepted the Request, provided that the Driver will only receive the first name of the Rider and pick up and drop off location; and (iv) use and store the Rider information for the internal purposes of Lyft, subject to Lyft's Privacy Policy (https://www.lyft.com/privacy). The City also consents on behalf of itself and will obtain the consent of each Rider to allow Lyft to share necessary City or Rider information with its authorized vendors, service providers, and subcontractors for purposes of performing its obligations hereunder.
Representations and Warranties
- The City Representations and Warranties. The City represents and warrants that (i) it will not use the Lyft Platform or the Services in any manner that violates industry standards, and applicable regulations, policies, or guidance, published by the FTA (Federal Transit Administration) at https://www.transit.dot.gov/shared-mobility or https://www.transit.dot.gov/; (ii) it has obtained all rights, permissions, and consents necessary under the TCPA and any other applicable federal, state and local laws, rules or regulations for the City and/or Lyft to use an automatic telephone dialing system to call, text or otherwise contact the Rider associated with the phone number provided by the City (whether a Rider or otherwise) including via SMS message or voice call, in relation to a Ride taken by a Rider, and/or the City's use of the Services; (iii) it has obtained all rights and permissions necessary under the Controlling the Assault of Non-Solicited Pornography And Marketing Act ("CAN-SPAM Act") and any other applicable federal, state, and local laws, rules or regulations for Lyft to email Program Riders; and (iv) prior to any Rides taken under this Agreement, the City will notify its Riders that such Riders' personal information may be subject to the City's compliance with applicable public disclosure laws and subsequently be made public following requests for such information. For clarity, Lyft redacts Riders' personal information in connection with applicable public disclosure laws.
Proprietary Rights
- Data. All information related to the City, Riders, and their use of the Lyft Platform or Services as received, collected, compiled, aggregated or produced by Lyft in connection with this Agreement, including but not limited to, the information contained within the Lyft Dashboard and the City Account, shall be governed by the terms of Lyft's Privacy Policy (https://www.lyft.com/privacy), and Lyft shall have the right to use such data as set forth in Lyft's Privacy Policy. For the avoidance of doubt, Lyft may disclose such information to the extent required by a court of competent jurisdiction or other governmental authority or otherwise as required by law, without notice to the City or Riders. Lyft determines the extent to which such data will be provided to the City through the Dashboard and the City Account, as described in the Data Reporting Addendum attached as Exhibit F in the City's agreement with Lyft. Lyft reserves the right to add, remove, and update features and functionality related to such data at any time and Lyft will not be responsible for any loss of data or any other damages associated with such changes.