Common use of Motorist Privacy Clause in Contracts

Motorist Privacy. (a) TSP acknowledges and agrees that privacy of the customers is of paramount importance to the Joint Board and the traveling public. TSP shall provide systems and procedures designed to maintain the toll account and travel records of users of the Bridges as confidential information and in compliance with applicable Laws on notice of privacy practices. (b) All customer information and data to which TSP may have access or which TSP may obtain in connection with performance of the Work hereunder, and other Project information generated in connection with this Contract, is and shall be the sole property of the Joint Board. TSP shall at all times maintain the strict confidentiality of such information. TSP shall have no right to sell, transfer, disclose or otherwise use such information for any purpose other than in performance of its duties hereunder. TSP acknowledges that the Project Data and other material and information that may come into its possession or knowledge in connection with this Contract or its performance may consist of information that identifies an individual who is a patron of the Bridges and that is exempt from disclosure to the public or other unauthorized persons under KRS 61.870 to 61.884, Indiana Code 9-21-3.5-13, or other applicable Laws (“Personally Identifiable Information”). Personally Identifiable Information includes any information collected or received from or about any person who is assessed a toll, including things such as names, addresses, Social Security numbers, e-mail addresses, telephone numbers or other contact information, payment information, financial profiles, credit card information, driver’s license numbers, law enforcement records, trip data and any other information that relates to any of these types of information. TSP shall comply with all applicable Laws and Business Rules pertaining to confidentiality, privacy, handling, retention, reporting and disclosure, and limiting or restricting collection, use or dissemination of Personally Identifiable Information. TSP agrees to hold Personally Identifiable Information in strictest confidence and not to make use of Personally Identifiable Information for any purpose other than the performance of this Contract, including toll violation processing and collection, to release it only to the Joint Board if requested, to authorized agents, employees or Subcontractors requiring such information for the purposes of carrying out this Contract, to authorized collection agencies as necessary to assist their collection of toll violations, or to the Indiana State Police or Kentucky State Police as necessary to assist its enforcement of toll violation traffic infractions, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the Joint Board’s express prior written consent in its sole discretion or as provided by applicable Laws. TSP agrees to release such information or material only to agents, employees, or to Subcontractors who have signed a nondisclosure agreement, the terms of which have been previously approved by the Joint Board in its good faith discretion. TSP agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to Personally Identifiable Information and to implement destruction of records containing Personally Identifiable Information in accordance with the records retention provisions of the Contract Documents. (c) Immediately upon expiration or termination of this Contract, TSP shall, at Joint Board’s option: (i) certify to the Joint Board that TSP has destroyed all Personally Identifiable Information; or (ii) return all Personally Identifiable Information to the Joint Board; or (iii) take whatever other steps the Joint Board reasonably requires of TSP to protect Personally Identifiable Information. (d) The Joint Board’s rights to audit and inspect under Section 20 shall include the right to monitor, audit and investigate TSP’s books and records concerning Personally Identifiable Information. (e) TSP shall disclose in writing to each user of the Bridges for whom TSP holds Personally Identifiable Information TSP’s policies regarding privacy of Personally Identifiable Information, consistent with this Section. Such disclosure shall be posted on the Project Website through which patrons establish toll accounts in conspicuous fashion. TSP shall comply with the provisions of any applicable Law, including provisions on the content of disclosures and when disclosure must be given, in lieu of the disclosure requirements of this Section. The content of the form of disclosure, and any changes thereto that TSP may make from time to time, shall be subject to the Joint Board’s prior written approval.

Motorist Privacy. (a) TSP acknowledges and agrees that privacy of the customers is of paramount importance to the Joint Board and the traveling public. TSP shall provide systems and procedures designed to maintain the toll account and travel records of users of the Bridges as confidential information and in compliance with applicable Laws on notice of privacy practices. (b) All customer information and data to which TSP may have access or which TSP may obtain in connection with performance of the Work hereunder, and other Project information generated in connection with this Contract, is and shall be the sole property of the Joint Board. TSP shall at all times maintain the strict confidentiality of such information. TSP shall have no right to sell, transfer, disclose or otherwise use such information for any purpose other than in performance of its duties hereunder. TSP acknowledges that the Project Data and other material and information that may come into its possession or knowledge in connection with this Contract or its performance may consist of information that identifies an individual who is a patron of the Bridges and that is exempt from disclosure to the public or other unauthorized persons under KRS 61.870 to 61.884, Indiana Code 9-21-3.5-13, or other applicable Laws (“Personally Identifiable Information”). Personally Identifiable Information includes any information collected or received from or about any person who is assessed a toll, including things such as names, addresses, Social Security numbers, e-mail addresses, telephone numbers or other contact information, payment information, financial profiles, credit card information, driver’s license numbers, law enforcement records, trip data and any other information that relates to any of these types of information. TSP shall comply with all applicable Laws and Business Rules pertaining to confidentiality, privacy, handling, retention, reporting and disclosure, and limiting or restricting collection, use or dissemination of Personally Identifiable Information. TSP agrees to hold Personally Identifiable Information in strictest confidence and not to make use of Personally Identifiable Information for any purpose other than the performance of this Contract, including toll violation processing and collection, to release it only to the Joint Board if requested, to authorized agents, employees or Subcontractors requiring such information for the purposes of carrying out this Contract, to authorized collection Indiana Finance Authority/Joint Board 26. Toll Services Agreement LSIORB Toll Services Project Execution Version agencies as necessary to assist their collection of toll violations, or to the Indiana State Police or Kentucky State Police as necessary to assist its enforcement of toll violation traffic infractions, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the Joint Board’s express prior written consent in its sole discretion or as provided by applicable Laws. TSP agrees to release such information or material only to agents, employees, or to Subcontractors who have signed a nondisclosure agreement, the terms of which have been previously approved by the Joint Board in its good faith discretion. TSP agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to Personally Identifiable Information and to implement destruction of records containing Personally Identifiable Information in accordance with the records retention provisions of the Contract Documents. (c) Immediately upon expiration or termination of this Contract, TSP shall, at Joint Board’s option: (i) certify to the Joint Board that TSP has destroyed all Personally Identifiable Information; or (ii) return all Personally Identifiable Information to the Joint Board; or (iii) take whatever other steps the Joint Board reasonably requires of TSP to protect Personally Identifiable Information. (d) The Joint Board’s rights to audit and inspect under Section 20 shall include the right to monitor, audit and investigate TSP’s books and records concerning Personally Identifiable Information. (e) TSP shall disclose in writing to each user of the Bridges for whom TSP holds Personally Identifiable Information TSP’s policies regarding privacy of Personally Identifiable Information, consistent with this Section. Such disclosure shall be posted on the Project Website through which patrons establish toll accounts in conspicuous fashion. TSP shall comply with the provisions of any applicable Law, including provisions on the content of disclosures and when disclosure must be given, in lieu of the disclosure requirements of this Section. The content of the form of disclosure, and any changes thereto that TSP may make from time to time, shall be subject to the Joint Board’s prior written approval.