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SMARTLINK WEB SITE PRIVACY STATEMENT NEW

The Port Authority of New York and New Jersey, the Port Authority Trans-Hudson Corporation, its affiliates and subsidiaries (collectively, "PATH Corporation" or "PATH") respects your privacy. This privacy policy and agreement (the "SmartLink® Privacy Policy") describes PATH's privacy practices regarding PATH's collection, use, and treatment of information that you may provide when you use the SmartLink® services and technology (collectively, the "SmartLink® Services"), which includes: (i) the SmartLink® website (the "Website"); (ii) the SmartLink® Card ("Card"), SmartLink® Replenishment Service, Senior SmartLink® Card, SmartLink® Pre-Paid Benefits Program, fare payment services, including the SmartLink® fare payment readers (the "SmartLink® Fare Payment System"); and (iii) the PATH customer support services ("PATH Customer Service").

This SmartLink® Privacy Policy applies to anyone using the SmartLink® Services ("you" and "your"), including casual visitors to the Website who do not create a SmartLink® Account, users who create a SmartLink® Account, and anyone else accessing the SmartLink® Services.

1. Your Consent. Please read this SmartLink® Privacy Policy carefully. By accessing or otherwise using the SmartLink® Services, you acknowledge and agree that you have read this SmartLink® Privacy Policy and agree to be legally bound by it. PATH may also confirm your agreement to be bound by this SmartLink® Privacy Policy by asking you to click an "I accept" or similar button when you access or use certain SmartLink® Services. If you do not agree with the terms of this SmartLink® Privacy Policy then do not access or use the SmartLink® Services.
2. Types of Information Collected by PATH. PATH collects a few categories of information via the SmartLink® Services:
   1. Personal Information. PATH uses the term "Personal Information" to mean any information that identifies you as an individual, and any other information that PATH associates with it. Personal Information you may provide to PATH through your access or use of the SmartLink® Services includes:
      1. Your name, age, photograph, email address, date of birth, and password;
      2. Your other contact information, including mailing address (including postal code and country of residence), and phone number;
      3. Payment information and identity verification information, such as credit card or other payment information;
      4. Any special program account number and/or card ID issued to you by PATH, and other information related to your participation in a special program;
      5. Other identifying information that you elect to provide to PATH on the Website; and
      6. Geolocation information.
   2. Online Activity Information. PATH also collects technical and device-related information through certain SmartLink® Services, and third-party analytics tools used by PATH (collectively, the "Online Activity Information"). Examples of Online Activity Information include:
      1. Device identifiers, such as cookies;
      2. Device information, such as hardware and software settings;
      3. IP address and log information, such as your device's name, the type and version of your web browser, and referrer addresses that can function to identify a user device;
      4. Tracking information that PATH, or a third party, may collect.
      If any of your Online Activity Information is associated with Personal Information, then PATH will treat such associated Online Activity Information as Personal Information. Otherwise, PATH treats Online Activity Information as Anonymous Information.
   3. Anonymous Information. In addition to Personal Information, PATH may also collect (i) information that does not identify you or your devices, and (ii) de-identified Personal Information that no longer identifies you (collectively, "Anonymous Information"). Information that meets either of these criteria might include, for example, demographic information and statistical information (e.g., page views and hit counts). PATH uses Anonymous Information for PATH operations and, since Anonymous Information does not include Personal Information, PATH does not treat it as such.
3. How PATH Collects this Information. PATH collects the above information through the following means and technologies:
   1. Registration; Linked Accounts. When you register to create an account with PATH (a "SmartLink® Account"), you must provide PATH with certain Personal Information in order to create a SmartLink® Account. PATH will use this information to set up your SmartLink® Account, authenticate your sign-on information, and to manage other functionalities relating to your account. As further explained below, you may also link a credit card or other payment card (each, a "SmartLink® Payment Method") with your SmartLink® Account.
   2. Participation in Special Programs. When you apply to participate in certain programs available through PATH, PATH will collect certain Personal Information to determine your eligibility. For example, if you would like to participate in PATH's Senior SmartLink® Card program, then PATH will collect Personal Information about you, including your name, age, date of birth, address, contact information, and any information that may qualify you for participation in the Senior SmartLink® Card program.
   3. Payment Information. PATH collects your credit card, other payment card information, or banking information when you purchase a fare product through the SmartLink® Services, register a SmartLink® Payment Method in your SmartLink® Account, or otherwise use a SmartLink® Payment Method to access the SmartLink® Services. Such information may include the credit or debit card primary account number and expiration date, and bank account number and routing number. Additionally, PATH may collect the card brand (e.g., Visa, MasterCard), and/or the card type (e.g., credit, debit, pre-paid, contactless, transit benefit, etc.). For any transaction, the method by which the SmartLink® Services authenticate your SmartLink® Payment Method varies, but may include, for example, your PIN, billing ZIP code, card verification value code, or full billing address. Note that your financial institution may provide PATH with updated financial information in order to complete contemplated transactions.
   4. Questionnaires and Surveys. PATH may invite you and/or allow you to participate in surveys and questionnaires, which PATH may post or otherwise provide to you from time to time. You are free to choose whether you participate in a survey or questionnaire. PATH may ask that, in addition to providing your responses, you also provide Personal Information. In these instances, PATH may use any information that you provide to PATH for the purposes for which you submit the information. PATH may also add your Personal Information to your customer profile. Survey and questionnaire information may be used for the purposes of monitoring, improving the SmartLink® Services or other services provided by PATH, or publicly posting your responses to surveys or questionnaires.
   5. User Content. As further set out below, PATH may give you the ability through the SmartLink® Services to engage with PATH and others in public exchanges or to publicly display information via the SmartLink® Services, such as comments and feedback about the SmartLink® Services (collectively, "User Content"). PATH is not responsible for Personal Information you decide to include in User Content. If you include any Personal Information relating to others in your User Content, then you represent that you have full permission and authority to do so.
      1. User Content Provided to PATH for Internal Use. PATH may provide you with the ability to submit User Content to us (either directly or through a third-party service) for PATH's internal operations. For example, PATH may ask you to provide PATH with additional feedback when you submit responses to PATH surveys. If you provide PATH with such User Content, then PATH will protect it in accordance with this SmartLink® Privacy Policy, and PATH will inform you when asking for information that it is only for PATH internal purposes.
      2. User Content Provided to PATH for Public Consumption. PATH may give you the ability, for example, through the Website, or a third-party social media platform, to engage with PATH and others in public exchanges by providing User Content, which may include opportunities for you to provide comments, reviews, recommendations, and other input. Please understand that, if you include Personal Information in such User Content, then others will be able to read, collect, republish, and otherwise freely use the information. PATH is not responsible for Personal Information that you decide to include in such User Content, and PATH will not take down, remove, or edit User Content, except as required by applicable law.
   6. Correspondence. PATH may collect information about you that you provide when you request information from PATH or otherwise correspond with PATH including, for example, when contacting PATH via the SmartLink Service Center at [email protected], via mail at P.O. Box 6300, Jersey City, NJ 07306 or calling: 1-800-234-PATH (7284).
   7. Device Configuration. PATH may collect certain information in order to determine whether your computer/device is supported by PATH's systems. This information may include your operating system and browser, the presence of any software that the Website may require to operate with your computer/device, or other third-party software on your computer/device.
   8. IP Addresses; Logs. PATH may automatically receive and record information in PATH server logs from your browser, including your IP address (the internet address of your computer), your computer's name, the type and version of your web browser, referrer addresses, and other generally accepted log information. PATH may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how the Website is being used, and for security and monitoring purposes.
   9. Location Information. Certain SmartLink® Services, such as the Website, may request your current location, which, if selected, could determine your geographic location. PATH will only collect and process such information if you have consented and opted-in to this feature. You may also always opt out or withdraw your permission by changing your permissions or settings on your browser.
   10. Cookies. Cookies are small data files that are sent to your browser from PATH web servers, and are stored on your computer or mobile device's hard drive, to enable the Website to recognize users who have previously visited it and retain certain information such as customer preferences and navigation history in order to help PATH understand how the Website is being used, and to improve your browsing experience. For example, PATH uses Google Analytics cookies, which are described here. You can prevent the use of Google Analytics relating to your use of the SmartLink® Services by downloading and installing a browser plugin available here.
   11. Web Beacons. The Website also uses web beacons, which are small image files with unique identifiers used alone or in conjunction with cookies, to determine ads your browser is shown, which ads you click and other actions you take on the Internet. PATH uses beacons to help PATH better provide relevant products, services, and information to you, and to help PATH effectively measure advertising effectiveness, if applicable. A third party is required to protect the privacy of the information it receives using web beacons or cookies and is not allowed to use the information it receives for any purpose beyond what is necessary to assist PATH.
   12. Other Information. If PATH collects other information about you using a method that is not specifically listed here, then PATH will use it in accordance with this SmartLink® Privacy Policy.
   13. Contact Information. PATH may collect your contact details (such as your name, email address, mailing address (including postal code), and phone number) upon request and when you provide it to PATH through the SmartLink® Services, ncluding the Website, or to a PATH Customer Service representative.
4. How PATH Uses Collected Information. PATH uses information that PATH collects or processes, including Personal Information, Online Activity Information, and Anonymous Information, as permitted under applicable law and consistent with this SmartLink® Privacy Policy and the SmartLink® Terms of Service. More specifically, PATH uses the information PATH collects for the following purposes:
   1. to provide, maintain, and improve the SmartLink® Services or other PATH services, including internal administration, auditing, operation, and troubleshooting;
   2. to process your transactions made via the SmartLink® Services, including the SmartLink® Fare Payment System readers, and to resolve inquiries you submit when you contact PATH Customer Service;
   3. to resolve payment issues;
   4. to communicate with you about the SmartLink® Services, including by sending you announcements, updates, security alerts, and support and administrative messages;
   5. to perform analytics, quality control, market research, and to determine the effectiveness of and/or Your satisfaction with the SmartLink® Services, promotional campaigns, to improve PATH's current products, SmartLink® Services, and develop new products and services;
   6. to create Anonymous Information;
   7. to allow you to post User Content;
   8. to understand your needs and interests, and to personalize your experience with the SmartLink® Services;
   9. to share the information with third parties strictly as permitted pursuant to Section 6 (Disclosure of Your Information) of this SmartLink® Privacy Policy; and
   10. to respond to your requests, questions, and feedback related to the SmartLink® Services, if applicable.
   In addition to the uses specifically identified above, there may be instances where you request information and SmartLink® Services from PATH that are not described in this SmartLink® Privacy Policy. PATH may, in PATH's discretion, use information that you submit to PATH in order to provide such information and SmartLink® Services. Moreover, if PATH collects any Personal Information from you that is not described in this SmartLink® Privacy Policy, then PATH asks for your consent before collecting, using, or sharing such Personal Information. Please note that message and data rates may apply for any messages sent to You from PATH and from PATH to You; consult Your wireless provider with any questions regarding Your specific cellular data or text plan.
5. Other Essential Uses of Information. PATH may also use information that PATH collects or processes as PATH believes necessary for certain essential purposes, including:
   1. to comply with applicable law and legal processes;
   2. to respond to requests from public and government authorities;
   3. to detect, prevent, or investigate potential security incidents, fraud, harmful, unauthorized, unethical, or illegal activity;
   4. to provide important safety notices or otherwise notify you of emergency situations;
   5. to enforce the SmartLink® Terms of Service and this SmartLink® Privacy Policy;
   6. to protect PATH's operations;
   7. to protect the rights, privacy, safety or property, and security of you, PATH, and others; and
   8. to provide the SmartLink® Services.
6. Disclosure of Your Information. PATH will not sell the Personal Information collected from the SmartLink® Services to third parties. PATH will also not disclose your Personal Information to third parties without your express consent, except in the following limited circumstances:
   1. PATH Affiliates. PATH may share your Personal Information among PATH's affiliates and subsidiaries for purposes consistent with this SmartLink® Privacy Policy.
   2. PATH Vendors and Transit Partners. PATH may share your Personal Information with PATH's third-party vendors and transportation partners as needed for them to provide PATH with services, to assist PATH with providing the SmartLink® ervices, or to support PATH's business activities (such as website analytics, email delivery, payment processing, IT providers, technical support, and legal and other professional advice). PATH will only provide these third parties with the Personal Information necessary for them to perform their required functions, and PATH does not allow them to use your Personal Information for any other purpose. PATH requires these third parties to agree to privacy practices at least as stringent as those set out in this SmartLink® Privacy Policy as well as any additional privacy or security measures agreed to in PATH's contracts with them. For example, Cubic Transportation Systems, Inc. maintains and operates the Website, and various portions of the SmartLink® Fare Payment System on PATH's behalf.
   3. Compliance, Fraud Prevention, and Safety. PATH may share your Personal Information with others, including but not limited to governmental agencies for public safety, law enforcement, fraud prevention, regulatory and/or other investigative purposes described in this SmartLink® Privacy Policy.
   4. Legal Obligation. PATH may be required to share your Personal Information pursuant to a court order or other legal or regulatory obligation or process, such as, but not limited to the Port Authority's Freedom of Information Policy. The Port Authority's Freedom of Information Policy can be found at: https://www.panynj.gov/corporate/en/public-record-access.html.
7. Retention of Personal Information. PATH will only store Personal Information that is necessary to maintain SmartLink® Accounts, to perform account functions such as billing, account settlement or enforcement activities, to provide the SmartLink® Services, or as otherwise permitted by this SmartLink® Privacy Policy. The information collected through the SmartLink® Services is retained by PATH in accordance with the applicable records retention and disposition requirements of New York or federal law.
8. How PATH Safeguards the Information Collected. PATH is committed to protecting your Personal Information from unauthorized access, use or disclosure. PATH has implemented physical, technical, and administrative security measures and controls designed to prevent unauthorized access to, or disclosure of, Personal Information that you provide to PATH. Additionally, PATH requires PATH's third-party providers to implement security measures and to otherwise handle Personal Information consistent with this SmartLink® Privacy Policy and applicable law. PATH's security measures and other safeguards are intended to deter and prevent hackers and others from unauthorized access to information that you provide to PATH. However, due to the nature of internet communications and information technology, PATH cannot provide, and expressly disclaim, assurance that the information you provide PATH will remain free from loss, misuse, or alteration by third parties who, despite PATH's efforts, obtain unauthorized access.
9. Disclaimer. By using the SmartLink® Services, you acknowledge and agree that there is a risk that unauthorized third parties may engage in illegal activity, such as hacking or intercepting transmissions of Personal Information. You agree that PATH is not responsible for any data or Personal Information obtained: (i) in an unauthorized manner; (ii) by a third party as a result of your negligence or misuse of the SmartLink® Services; or (iii) as a result of your disclosure of Personal Information to third parties. The information provided in this SmartLink® Privacy Policy should not be construed as giving business, legal, or other advice, or warranting as fail proof, the security of information provided through the SmartLink® Services.
10. SmartLink® Account Registration and Controls; Opting Out. Registering for a SmartLink® Account is optional. If you opt to register for a SmartLink® Account, you will need to provide account information to PATH, as described herein. A SmartLink® Account may be closed at any time by contacting PATH Customer Service at 1-800-234-PATH (7284) or via email at [email protected].
    1. Modifying or Updating Personal Information. A customer who has registered for a SmartLink® Account can modify Personal Information at any time or add account information online at www.PATHSmartLinkCard.com by logging into their SmartLink® Account, or by contacting PATH Customer Service.
    2. Choosing Not to Share Personal Information. You may choose not to send PATH an email, register online for a SmartLink® Account, or otherwise communicate with PATH via certain SmartLink® Services, such as the Website. While your choice not to participate in these activities or transactions may limit your ability to receive specific SmartLink® Services, it will not prevent you from using the SmartLink® Services.
    3. Opting Out. If PATH chooses to send you, or you have elected to receive, bulletins, updates, questionnaires, surveys, or other marketing-related materials, PATH will provide you with the ability to decline - or "opt out" - of receiving such communications. Instructions for opting-out will be provided if and when PATH determines to send you such a communication. For example, if you no longer wish to receive promotional email messages from PATH, then you can opt out by either (i) following the "unsubscribe" instructions located near the bottom of each email message, or (ii) contacting PATH as provided in Section 16 (How to Contact PATH) below. Please understand that PATH may still communicate with you in connection with administrative notices concerning any transactions or operation of the SmartLink® Services and legal notices.
11. Personal Information of Children; Compliance with COPPA. PATH does not knowingly collect Personal Information from children under the age of 13 years online, in compliance with the Children's Online Privacy Protection Act ("COPPA") and the Federal rade Commission's rule interpreting COPPA (16 CFR § 312). The online SmartLink® Services offerings are not directed at children, and as such, Personal Information submitted in an email or through an online transaction will be treated as though it was submitted by an adult, and may, unless exempted by federal or state law, be subject to public access. Please contact PATH if you believe PATH has collected Personal Information from a child under 13 years using online methods. If PATH learns that a child under 13 years of age has provided PATH with Personal Information, PATH will delete this information from our databases.
12. Third Party Resources. Certain of PATH's SmartLink® Services, including the Website, may link to other websites, mobile apps, social media platforms, and other online services (collectively, the "Third Party Resources"). PATH has no control over such third parties and is not responsible for the content, availability, or security of such Third Party Resources and so please read their privacy policies carefully. The inclusion of a link from the SmartLink® Services to any Third Party Resource does not necessarily imply endorsement of such third party's products, services, or other offerings, and is provided for your convenience only. If you decide to access or use any such Third Party Resource via the SmartLink® Services, you do so subject to such third party's terms and conditions. By way of clarification, any personal information that you provide to a third party via a Third Party Resource is subject to the privacy policy of the applicable third party and not this SmartLink® Privacy Policy.
13. Applicability to the SmartLink® Services. This SmartLink® Privacy Policy applies only to the SmartLink® Services described in this SmartLink® Privacy Policy. This SmartLink® Privacy Policy does not apply to the TAPP Program, the RidePATH App or other non-SmartLink® PATH products or services. This SmartLink® Privacy Policy does not apply to the content of emails and other correspondence not provided through the means ade available via the SmartLink® Services, including emails and other correspondence transmitted directly to PATH, its affiliates or subsidiaries, or to Cubic Transportation Systems, Inc.
14. Changes to this SmartLink® Privacy Policy. PATH may update this SmartLink® Privacy Policy from time to time. If PATH makes changes to this SmartLink® Privacy Policy, then PATH will post them on the Website and indicate the Effective Date. Your continued use of the SmartLink® Services constitutes your agreement with this SmartLink® Privacy Policy and any updates to it.
15. Relationship to Other Agreements. This SmartLink® Privacy Policy must be read together with the SmartLink® Terms of Service, and the SmartLink® Terms of Service are incorporated herein. If the SmartLink® Terms of Service conflicts with this SmartLink® Privacy Policy, then this SmartLink® Privacy Policy shall control.
16. How to Contact PATH. If you have any questions about SmartLink®, the SmartLink® Services, or these SmartLink® Privacy Policy, please contact PATH Customer Service using one of the following methods: (i) via email at [email protected], (ii) by calling 1-800-234-PATH (7284), or (iii) by sending correspondence to: Port Authority Trans-Hudson Corporation, PATH SmartLink® Customer Service Center, P.O. Box 6300, Jersey City, NJ 07306. Questions or comments regarding PATH, its affiliates and subsidiaries generally, Freedom of Information Policy or any other non-SmartLink® inquiries must be submitted as directed on the contact form.
17. Effective Date. The Effective Date of this SmartLink® Privacy Policy is 08/17/2024.

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