TrafficSense-sovelluksen käyttöehdot ja tietosuojalauseke

Terms of use

1. General

1.1 These general terms of use (hereinafter Terms) concern the use of TrafficSense Application (hereinafter Service) provided by Aalto-University (hereinafter Aalto). By using the Service, you undertake to comply with these Terms in the capacity of a User and confirm you are at least 16-years old or you have consent of guardian for the use of application. 

1.2 A precondition to using the Service is submission of the data requested by the Service. This data is submitted by the user (hereinafter User). If the connection data or other data necessary for using the Service should change, the User shall immediately notify the new valid data to Aalto.

1.3 Aalto is entitled to amend these Terms from time to time. By using the Service, the User accepts the Terms valid at the time of Service use. In case of significant changes in the Terms, at its sole discretion, Aalto may notify the User about the change in the Terms in the manner chosen by Aalto.

2. Service 

2.1 By using the Service, the User submits Aalto data over which the User retains full ownership. To the extent data is considered as personal data, Aalto may process the data in accordance with Privacy Notice.

2.1 Service aims to collect mobility data for improved transport planning and for improved scientific knowledge of mobility behaviour. The assessment of new mobility services is also targeted. Mobility data consists of door‐to‐door trips including timestamps, locations and travel modes (e.g. walking, biking, driving a car, or riding a bus) as well as frequently visited locations and accumulated distances per travel mode. 

The service may provide additional features such as personalized real-time notifications on traffic problems or on available transport services. User may browse his or her own daily trips. An energy efficiency certificate is given based on estimated CO2 emissions. New features may be added to the service.

2.3 Aalto shall strive to keep the Service constantly available but may discontinue use of the Service or change Service contents whenever this is deemed necessary. Inter alia, Aalto is entitled to discontinue provision of the Service because of installation, modification, or upkeep works, due to security hazard or requirements or guidelines provided for by law or other official regulations.

2.4 Aalto is entitled to prevent access to the Service or delete Information stored to the Service without consulting the User if the Aalto suspects that improper Information is being stored to the Service, use of the Service by other users may be at risk because of the information stored, or these Terms are violated.

3. Obligations of user

3.1 User may not use the Service for harassment, threats or impersonation.

3.2 User shall ensure the confidentiality of the user ID required for using the Service and avoid disclosure thereof to third persons. User is fully responsible for any activities performed using his or her user ID. User shall immediately notify Aalto of any unauthorized use of his or her user ID or of other breaches of security. 

3.3 User shall acquire and maintain the equipment, connections, and software required for using the Service on its own account.

4. Intellectual Property Rights

4.1 Software has been developed in Aalto University as a part of the TrafficSense project funded by the Aalto Energy Efficiency program. The source code is published as open-source under MIT licence “as is” in GitHub. We are extremely grateful to the contributors of the following open source libraries: MIT license: APScheduler, svgwrite, GeoAlchemy2, Flask-KVSession, simplekv, httplib2 BSD-license: Flask, Flask-SQLAIchemy, joblib, Jinja2, Werkzeug, itsdangerous, python-gflags, Apache 2.0 license: pyOpenSSL, google-api-python-client, gtfs-realtime-bindigs, Guava, Timber, Retrofit, AndroidSVG. Uniquely licensed: psycopg2, wsgiref, OWSLib. Without their work and expertise this Service would not exist. 

4.2 To provide the Service we utilize the Digitransit routing and real-time APIs, FMI Open Data licensed under CC-BY 4.0 by the Finnish Meteorological Institute and Digitraffic licensed under CC-BY 4.0 by the Finnish Transport Agency. 

4.3 Material Design icons by Google are licensed under CC-BY 4.0. Other Material Design icons are licensed under SIL Open Font License 1.1.

4.4 The following people have contributed to the TrafficSense software: Mehrdad Bagheri, Joonas Javanainen, Kimmo Karhu, Mikko Rinne, Juho Saarela, Janne Suomalainen and Tuukka Tolvanen.

5. Price

Use of the Service is free of charge.

6. Warranty and limitation of liability

6.1 User uses the Service at his or her sole risk; the Service is provided as is and Aalto does not grant any warranty or guarantees with respect to the Service, Service outcomes, quality, non-violation of third persons’ rights, or other circumstances.

6.2 Aalto shall not be responsible to the User for any direct or indirect damage. If Aalto is declared responsible for the Service pursuant to law, the liability of Aalto to the User shall not exceed 50 euros.

7. Validity

7.1 These Terms enter into force after publication. The Terms apply for as long as the Service is used.

7.2 Aalto is entitled to cancel these Terms and the contract between the parties immediately if User fundamentally violates his or her obligations pursuant to these Terms and has not remedied the violation.

8. Applicable Law and Dispute Resolution

These Terms and the contract between the parties are governed by Finnish law, excluding its choice of law provisions. Any disputes arising in connection with these Terms or the contract between the parties shall be resolved once and for all through arbitration proceedings in conformity to the Arbitration Rules of the Central Chamber of Commerce by a single arbitrator. 

Privacy notice

This Privacy Notice applies to the TrafficSense application (Service). Aalto University (Aalto) acts as the controller for personal data that users of the Service provide. 

Protecting your privacy and your personal data is of the utmost importance to us. Aalto is committed to complying with the requirements that data protection regulation places upon Aalto in the processing of your personal data. The means and purposes of processing your personal data are described in further detail in this Privacy Notice.

This Privacy Notice might be subject to change. You will always find the up-to-date version of this Privacy Notice on this  Service.

1.    Why does Aalto process personal data?

Aalto collects and processes certain personal information about you in order to

• enable you to use the Service;

• maintain and develop the Service by, for example, analyzing the mobility behavior for improved transport planning, assessing the impact of new transport services and for scientific research 
• by analyzing the mobility history of the user, the Service filters traffic information, in order to notify the user of  traffic disruptions  on the routes,   lines and times used in the past 
• use data for scientific research  purposes
• use data for research and development of mobility solutions in the Last Mile project. The Last Mile project is funded by the European Regional Development Fund as part of the Six City Strategy for 2017–2019  

In addition, Aalto will also process personal data for the purposes of data security and to prevent and resolve possible misconduct.

2.    What personal data does Aalto process?

Aalto will only process personal data that is necessary for the processing purposes defined in this Privacy Notice. The personal information Aalto collects can be grouped into the following categories:

• Randomly created client id-number
• Location data with time stamps
• Mode of transport data
• Frequently visited locations
• Information collected through observing use of Service
• Additional survey data launched by the Service related to user profile, mobility habits and feedback on traveling services.

3. Children’s personal data

This Service requires you to beat least 16-years old or to have consent of guardian for the use of Service.

4.    Sources of information

Personal data is collected from the users during their use of Service or when they otherwise interact with Aalto. 

5.    Lawful Basis for Processing

User enters into a contract by using the Service. Lawful basis for processing of personal data is performance of a contract when Aalto enables you to use the Service and when Aalto maintains the Service.

In addition, Aalto has legitimate interest to develop the Service and to process personal data for research and communication uses. Therefore, lawful basis for following uses is legitimate interest:

• Information collected through observing use of Service
• The processing of your personal data for the purposes of data security and to prevent and resolve possible misconduct

Lawful basis for processing of location data is consent.Giving of consent constitutes a lawful basis for the processing of location data. Your consent is given through the adjustment of your phone settings accordingly. 

Lawful basis for research use is public interest. For research use lawful basis  is  processing of personal data required for the performance of a task carried out in the public interest, namely  scientific research and academic expression.

5. Sharing of personal data

Aalto shares personal data only to the extent necessary for the purposes personal data is processed.

Aalto may share data with Last Mile project partners Forum Virium Helsinki, the City of Vantaa, Espoo Marketing Oy, Aalto University, Metropolia University of Applied Sciences and Demos Helsinki for purposes of the Last Mile project, see https://forumvirium.fi/en/last-mile-smart-mobility-solutions-for-cities-2/  

6. Service providers

Aalto uses service providers, such as Digital Ocean, to maintain and provide the Service that enables the application to work and for processing purposes as specified in this Privacy Notice. 

This Service can be downloaded through Google Play.  The privacy policy of Googleapply in addition to this Privacy Notice. Users should familiarise themselves with the terms and privacy policies provided by device platforms.

II)                Scientific research use

 Aalto may share your personal data for the purposes of scientific research In these cases, all personal data is processed in accordance with the General Data Protection Regulation and national data protection legislation. 

III)               Statutory reasons

Aalto may use your personal data to third parties if access to personal data or other processing of personal data is required to i) fulfill statutory responsibilities or a court order; ii) detecting, preventing or handling misuses, security risks or technical issues.

7.    International transfers of personal data

We strive to carry out all services related to our Service using operators and services located within the EU or the EEA. However, in some cases, services related to the use of our Service may also be carried out by operators and on servers located in third countries. In such cases, your personal data may also be transferred outside the EU or EEA in accordance with applicable legislation. In regards to transfers of personal data to countries where local data protection legislation does not provide an adequate level of data protection, transfers are protected utilizing appropriate safeguards, such as standard contractual clauses approved by the European Commission or a competent supervisory authority, or binding corporate rules. To learn more about the appropriate safeguards we use, please contact us by using the contact information provided below.

8.    Retention period

Personal data will be retained for the period of validity of the legal basis for processing and for as long as necessary for the processing purposes mentioned in this Privacy Notice.

For example, the information of users is retained for as long as Aalto´s legitimate interests can reasonably be deemed valid. We determine the validity of our legitimate interest by, for example, your use of Service as well as the communication between us. 

9. Your rights

The General Data Protection Regulation grants the data subject a number of rights with which the data subject can govern the processing of their personal data. The data subject may use the following rights in relation to Aalto insofar as Aalto acts as the controller for the data subject’s personal data:

Right of access and right to rectification

You have the right to receive confirmation on whether we process personal data relating to you and the right to access any such personal data. Aalto may ask you to specify your request where necessary, for example with regard to activities to which the request relates.

In addition, you have the right to request the rectification of incorrect personal data relating to you, or to supplement incomplete personal data that Aalto is processing.

Right to data erasure

You have the right to request erasure of your personal data from our data systems. Aalto will comply with your request, provided we do not have a legitimate reason not to delete the data, such as a statutory obligation to continue processing the personal data. Personal data may not be deleted instantly from backup copies and other such data systems, but will be deleted through regular database retention practices. For erasure, the User needs to  own the same Google-account that was used to start the service.  

Right to object

You also have the right to object to the processing of your personal data if your personal data is processed for other purposes than the fulfilment of legal responsibilities or the provision of services. 

Right to restriction of processing

If you contest the correctness of the data which we have registered about you or lawfulness of processing, or if you have objected to the processing of the data in accordance with your right to object, you may request us to restrict the processing of these data to only storage. The processing will only be restricted to storage, until the correctness of the data can be established, or it can be checked whether our legitimate interests override your interests.

If you are not entitled to erasure of the data which we have registered about you, you may instead request that we restrict the processing of these data to only storage. If the processing of the data which we have registered about you is solely necessary to assert a legal claim, you may also demand that other processing of these data be restricted to storage. We may process your data for other purposes if this is necessary to assert a legal claim or if you have granted your consent to this.

Right to data portability

You have the right to receive your personal data from us in a structured, commonly used format so that you may transfer your personal data to another controller, provided that the processing of your personal data is based on consent or a contract between you and Aalto.

10.    Who is the controller and who can I contact?

You can use your rights by contacting Aalto's data protection officer at [email protected]. The extent of your rights is subject to the legal basis for processing and exercising your rights requires identification.

The controller:

Aalto korkeakoulusäätiö sr, which functions as Aalto University

Mailing address: PL 11000, 00076 AALTO

Phone number: (09) 47001

Visiting address: Otakaari 24, 02150 Espoo

Data protection officer: Jari Söderström

Contact information: [email protected]

Right to lodge a complaint

If the processing of your personal data is in breach of applicable legislation, you have the right to lodge a complaint with the national supervisory authority. You can lodge the complaint with a competent supervisory authority. In Finland, this is the Data Protection Ombudsman, and the complaint must be lodged in accordance with instructions provided by the Office of the Data Protection Ombudsman. Please see http://www.tietosuoja.fi for more information.