Privacy Policy

Privacy Policies

Website

Website Privacy

Your Privacy

Thank you for visiting the City of Winchester, Virginia website. We are committed to the privacy of the visitors to this website. This policy addresses the collection, use, and security of information that may be obtained through the use of the City of Winchester website and access to that information. Pursuant to the requirements stated in Section 2.2-3803, of the Code of Virginia, 1950, as amended, the following information is provided to all users of the City's website.

Browsing

No personally identifiable information (any information by which you can be identified) is required to browse the City’s websites.

Information Collected and How It Is Used

During your visit to the City of Winchester websites, the City gathers and stores the following information about your visit. This information does not identify you personally.

1.     Internet Protocol (IP) address and domain name used. The IP address is a number assigned to your internet service provider or to your computer. We use the IP to direct website content to you. This address can be translated to determine the domain name of your service provider.

2.     Web browser you used.

3.     Operating system you used.

4.     Date and time you visited the website.

5.     Web pages or services you accessed at the website.

6.     Website you visited before coming to the City of Winchester website.

This information is collected and analyzed by the City of Winchester to improve the content of our web content and services. The City of Winchester may keep your information indefinitely, but it ordinarily deletes routing information regularly after the web page is transmitted. However, routing information may be forwarded to law enforcement agencies together with other relevant information in the City’s possession in the event of a security breach or violation. Optional information is retained in accordance with the records retention schedules established by the Library of Virginia.

Voluntary Information

The City of Winchester website does not collect personal information unless the visitor voluntarily provides information by sending an email, completing an online form, or submitting an online application. Examples of forms and applications on this website include (but are not limited to):

·       Surveys used to gather public opinion and feedback

·       Requests for City services

·       Reports for an issue, problem, or crime

·       Applications for employment or volunteer positions

·       Subscriptions to newsletters or notices

·       Registration for City-sponsored classes or activities

·       Online applications used to complete services with the City

The voluntary personal information collected using online forms or electronic mail depends on the form or service you are conducting with the City. Any service available via online form may also be completed in person, via mail, via phone, or via fax, depending on the service, if you choose not to submit your information online. The information collected may not be limited to text characters but might also include audio, video, or graphic information formats. This information may be stored in a database or sent to City employees via e-mail. We use the information collected to respond to your query or complete the service you have requested. We may also use the information collected to improve our services. All information, including survey entries, e-mail information, or form data may be shared internally with other departments with the extent permitted by law. The information will not be distributed externally except as required by the Virginia Freedom of Information Act.

The City of Winchester Does Not

·       Collect or sell information for commercial marketing

·       Provide personal information to private organizations, except as required by the Virginia Freedom of Information Act or other law

·       Share any personal information with other agencies or persons, if prohibited by law

Some City projects involve collaboration with other local or state government agencies. Voluntary personal information submitted to the City of Winchester to express interest in or make comments about such projects may be shared with the other agencies involved.

Email Subscription Lists

The City of Winchester website offers visitors the ability to subscribe to email distribution lists. Visitors are free to unsubscribe should they not want to receive future communications from the City. A valid email address must be provided when subscribing or unsubscribing from email lists. All other personally identifiable information is optional. The personal information collected will not be distributed externally, except as required by the Virginia Freedom of Information Act or other law.

Public Disclosure

In the Commonwealth of Virginia, several laws ensure that government is open and transparent. The public has a right to access certain records and information entrusted to the City government.

Pursuant Code of Virginia Title 2.2 Chapter 37, the Virginia Freedom of Information Act, all of the information collected at the City of Winchester website becomes public record and may be subject to inspection and copying by members of the public, unless an exemption in the law exists. Some Commonwealth laws outside the Freedom of Information Act protect specific records. For example, certain medical records held by the Virginia Department of Public Health are specifically kept from disclosure under separate laws. Investigative records maintained by regulatory agencies and business and licensing boards may be exempt. Finally, specific federal law may govern whether certain information or documents may be disclosed. Careful legal research is required to evaluate each request for public records.

In the event of a conflict between this Privacy Policy and the Virginia Freedom of Information Act or other law(s) governing the agency's disclosure of records, the Virginia Freedom of Information or other applicable law(s) will control.

Cookies

Cookies are small text files generated by the web server and stored on the visitor's computer. Cookies can be read by the Web server to determine if a particular web page has already been visited or when the visitor last accessed the website. An example would be an online survey where a cookie could be used to tell the web server that a particular visitor has already completed the survey. In addition, cookies allow a web application to respond to the customer as an individual by remembering information about preferences likes, and dislikes. Cookies may also be used to aggregate site usage to help the City improve users’ experience. Accepting a cookie in no way gives access to your computer or any personal information about you, other than the data you chose to share. This practice is strictly enforced. You may set your web browser to notify you of cookie placement requests or decline cookies completely. You can delete the files that contain cookies. The files are stored as part of your internet browser. Most browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future.

Security

The City of Winchester uses industry standard practices to safeguard the confidentiality of your personally identifiable information, including "firewalls" and SSL encryption (Secure Socket Layer) technology. SSL applies encryption between two communicating applications, such as the customer’s computer and the server. We employ many different security techniques to protect such data from unauthorized access. In general, you can determine whether you are on a secure site by looking at the symbol at the beginning of the URL. If the key is unbroken or the lock is locked, it indicates that you are using a secure server.

"Perfect" security, however, does not exist on the internet. Unless a particular web page on the City of Winchester website indicates that encryption technology is being used, the user should not assume that information submitted through that web page to the City of Winchester web server will be treated as confidential. If a user submits information to the City of Winchester web server through a web page containing visual indicators of active encryption technology, the City of Winchester will take all reasonable precautions to safeguard the confidentiality of such information, but shall nevertheless not be held liable for any injury caused by the disclosure of that information, whether caused by security breach, accident, inadvertence, or any other act resulting in disclosure.

Unauthorized attempts to upload information or change information on this web site, defeat or circumvent security features, or utilize this system for other than its intended purpose are strictly prohibited and may result in criminal prosecution and/or be punishable under state computer trespass laws and federal statutes, including without limitation, the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act. Information on attempts to circumvent security measures will be traced and released to the appropriate authorities.

Legal Access to Personal Information

Federal law enforcement officials may under certain circumstances obtain access to subscriber databases and archived information under the federal Patriot Act (Public Law 107-56). Federal law prohibits the City of Winchester from informing you if federal law enforcement officials have obtained these records.

As a public entity, the City of Winchester is required to respond to requests under the Commonwealth of Virginia’s Freedom of Information Act (FOIA, § 2.2-3700, et seq., Va. Code Ann.). A specific exemption applies to personal information, such as name and email address, submitted solely for the purpose of receiving electronic communications from the City and may be withheld, unless the requester indicates his approval for the City to disclose such information  at sign-up.

Notwithstanding any other statements or representations here or elsewhere on the City website, the City of Winchester reserves its right to disclose any information in its possession if it is required to do so by law, or if it believes, in good faith, that such a disclosure is necessary to comply with the law, defend its rights or property, or to respond to an emergency situation.

Accessibility

The City of Winchester Government is committed to providing access to electronic information for the disability community in compliance with the Americans with Disability Act (ADA) throughout the City website. If you experience difficulties, please contact the City’s Public Information Officer at email or 540-667-1815.

Links

The City’s website may contain links to external websites and pages containing information created and maintained by public and private organizations. When you move to another website via such links, this policy will not apply. The inclusion of a hypertext link to an external website is not intended as an endorsement of any product or service offered or referenced on the linked website, the organizations sponsoring the website, or any views that might be expressed or referenced on the website. Hypertext links to external websites and pages may be removed or replaced at any time without notice. If a hypertext link on the City website is not working, please contact the City’s Information Officer at email or 540-667-1815.

Disclaimer

While the City of Winchester strives to maintain correct and up-to-date information on its website, the City, nor any City staff, warrants the accuracy, reliability, or timeliness of any information published on the system. The City shall not be held liable for any losses caused by reliance on the accuracy, reliability, or timeliness of such information. Portions of such information may be incorrect or outdated. Any person or entity relying on any information obtained from the City website does so at their own risk.

Feedback

If you have any questions or comments regarding the City of Winchester privacy policy, please contact the Public Information Officer at (540) 667-1815 or email(link sends e-mail). The City may choose to amend the information in the privacy policy at any time without notice. Any substantial change in the way identifying information is used will be prominently displayed on the City's website.

Policy Changes

We reserve the right to amend this privacy policy from time to time without advanced notice. Users are encouraged to review this policy periodically. By using our website, you consent to the data practices described in this statement.

Email Newsletter Subscriptions

Please be advised that your request to receive any of Winchester’s E-Newsletters places your email into a database maintained by the City of Winchester for that purpose. This database, including the email you provide, is considered a public record and is subject to disclosure to third parties upon request.

WinReady On Demand Privacy Policy

Information Collection

The City of Winchester (City), through Winchester Transit, gathers various information about users of the WinReady On Demand program, including but not limited to through the mobile and online trip scheduling applications (applications). This information includes:

(a)      Personal information about you, provided through voluntary registration;

(b)      Personal information regarding your use of WinReady On Demand, including but not limited to times and locations of trips booked, taken, or cancelled, and saved locations;

(c)       Personal information, provided to us by you through any other method (including without limitation correspondence and discussions); and

(d)      Eligibility information for specialized transit services.

The personal information collected will be held by us or on our behalf or by such other agent as we may appoint from time to time. Via Transportation Inc., the City’s third-party contractor, will have access to all personal information collected by WinReady On Demand for purposes related to management and administration of WinReady On Demand.

IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY, INCLUDING ANY AMENDMENTS, OR THE COLLECTION OF YOUR PERSONAL INFORMATION, THEN DO NOT INSTALL OR USE THE APPLICATION.

Location Information 

WinReady On Demand will collect geo-location information, including your trips’ origin and destination, and will access and use the precise geo-location of your devices running the applications. This location information is used to facilitate trip planning and trip updates. The applications will only access and use your device’s location information if you give the application permission through your device settings or the application itself.

Payment Information (Effective July 1, 2024)

When you book a trip, WinReady On Demand will collect information about the method of payment you intend to use. The City’s payment processing vendor (payment processor) collects payments through though the application from credit cards and other contactless payment methods. The City does not collect your debit or credit card details; this information is managed by the City’s payment processor and is subject to their own privacy policies and procedures, as well as any applicable privacy laws, independent of the City. The payment processor may impose an additional transaction fee based on your transaction associated with the City.

Purposes of Information Collected

The personal information you provide will be used for the following purposes:

(a)      To allow you to use WinReady On Demand;

(b)      To provide you with further information about WinReady On Demand or other services, rewards, and/or promotions offered by us or which we consider may be of interest to you;

(c)       To verify your identity and assist in technical, administrative and/or service inquiries (e.g. password reset, pre-paid payments);

(d)      To investigate any complaints relating to misuse of WinReady On Demand or misconduct in relation to WinReady On Demand and to take any action deemed necessary to protect your safety and the safety of others in relation to those complaints;

(e)      To assist in making accommodations for specialized transit services;

(f)       To analyze in aggregate form (identifiable characteristics removed so that you will remain anonymous) for the purposes of continuous service improvement; and

(g)      To disclosure as may be required under applicable law, including but not limited to the Freedom of Information Act (FOIA), as amended or replaced from time to time.

Disclosure of Information

You agree that we may disclose the following:

(a)      Your personal information to the police or other government authorities where we believe it is reasonably necessary to protect your safety or the safety of others with whom you have been travelling while using WinReady On Demand;

(b)      Your personal information to third parties when we believe, in good faith, that we are required to do so by law; and

(c)       Aggregate information and other information that does not personally identify you to such third parties as we may see fit.

Protection of Privacy Statement 

With the exception of disclosures listed in the subsection (a)-(c) above, we will not sell, lease, share or disclose personal information to private business, organizations or individuals unless required or permitted to do so by applicable law.

Notice of Information Collection 

Personal information is being collected for the purposes set out in this policy. Questions about this information collection should be forwarded to the Public Services Director, City of Winchester at 301 E. Cork Street, Winchester, VA 22601, or by calling 540-773-1340.

Consequences of Non-Provision of Information 

Failure to provide necessary personal information requested at the time of registration for use of WinReady On Demand may result in certain services not being available to you.


Security 

We are committed to your privacy and strive to protect the personal and confidential information of those who use WinReady On Demand. However, as no data transmission over the internet can be guaranteed to be completely secure, we cannot ensure or warrant the security of any information you transmit or receive your personal information through WinReady On Demand. These activities are conducted at your own risk, and it is your responsibility to ensure you safeguard your devices appropriately and do not share your login or password.

Retention of Your Information 

If you want us to permanently delete your personal information, you must delete your account on the application. So long as your account remains active, we will preserve your personal information. We will retain any and all personal information that we are required to retain under any applicable laws. We may also retain any anonymized and de-identified information and continue to use this information in accordance with this Privacy Policy. WinReady On Demand is not responsible for any information backed-up or stored on your devices following the de-activation of your account.

Changes to this Privacy Policy 

If we decide to make material changes to this Privacy Policy, we will notify you and other users by placing a notice on the City of Winchester website. You should periodically check the website for updates. By using WinReady On Demand after we have so posted notice of such modifications, alterations, or updates, you agree to be bound by such revised terms.