PRIVACY STATEMENT AND TERMS OF USE
April 3, 2006
Alerts PRIVACY STATEMENT
This privacy statement addresses the collection, use, and dissemination of any personal
data you provide to us as a result of your use of this Web site (hereinafter referred
to as the “Site”). We provide this statement in order to allow you to make an informed
decision as to how to utilize this Site, and to demonstrate our high level of commitment
to the maintenance of your confidence and trust. The following discloses the information-gathering
and dissemination practices for this Site:
Personal Information Collection and Use
The Port Authority of New York and New Jersey [which, together with its wholly-owned
corporate entities, including Port Authority Trans-Hudson Corporation (PATH) is
hereinafter referred to as the “Port Authority”] is the sole owner of information
collected on this Site. The Site is currently administered, operated, and maintained
for the Port Authority by its contractor. The Port Authority will not sell, share,
or rent the information you provide to us in any way other than as disclosed in
this statement. Furthermore the Site administrator is required to keep all e-mail
addresses and registration information strictly confidential and is prohibited from
selling or using the information for any purposes other than those set forth in
its agreement with the Port Authority. Unless specifically stated, we do not collect
any personally identifiable information from the visitors to this Site. We collect
and use your e-mail address and transportation schedule so that we can manage the
Site and provide you with e-mail information regarding events that impact on PATH
service in general and on the trains that you usually take in particular.
Please note that when the term "e-mail address" is used in this notice, it includes
any cell phone number contained in an e-mail address that has been collected.
Use of Cookies
A cookie is a small text file that allows a Web site to identify your computer and
track its activities on the Web site. This Site only uses “non-persistent cookies”
that help maintain system state between pages. The Site administrator advises that
non-persistent cookies cannot be traced or linked to personal identifiable information.
URLs And IP Addresses
When this Site is accessed through a hyperlink from another site, this Site collects
the uniform resource locator (“URL”) of the site that contained the link. This Site
also collects the Internet protocol address (“IP Address”) of the visitor solely
for statistical purposes. The Site administrator advises that neither the source
URL nor the IP Address can be traced or linked to personal identifiable information.
Who We Share Your Personal Information With
Your personal information may be shared with the following:
- Employees, contractors and agents of the Port Authority, pursuant to Port Authority
policies and procedures;
- Individuals who request information from the Port Authority, including, but not
limited to, individuals who request information pursuant to the Port Authority’s
policy on Freedom of Information; and
- Other governmental agencies for public safety, law enforcement or regulatory and/or
investigatory purposes.
Please be aware that in certain cases we may be legally obligated to share your
personal information. Instances that may involve such a legal obligation include,
without limitation, the following:
- Compliance with a court order; and
- Compliance with the Port Authority’s policy on Freedom of Information.
Security of Your Personal Information
We recognize that in order to truly protect the privacy of your personal information,
we must take steps to ensure that our records of your personal information are secure
from tampering and invasion. The following describes some of the steps we have taken
to protect your personal information:
- Personal data is encrypted on servers that are protected by a firewall;
- Communications between the Site visitor and the web server are encrypted and there
are no user accounts other than the user’s e-mail address and PATH line and schedule
information;
- Communications between the web enabled Alerts administrator application and the
actual administrator/person entering in manual messages is encrypted and is password
protected;
- The contractor is required to follow business best practices in ensuring the IT
security of the environment.
- Restriction of access to our databases, limited to authorized individuals with authenticated
passwords.
ALERTS TERMS OF USE
- In order to access this Web site (the ”Site”) and use the Alerts service (the “Service”),
you must read and accept these Terms of Use, and click the "I Accept" button at
the bottom of the page. These Terms of Use and the Privacy Statement, constitute
your contract with The Port Authority of New York and New Jersey (“the Port Authority”)
with respect to your use of this Web site and the Service.
- These Terms of Use, along with the Privacy Statement, constitute your contract with
The Port Authority of New York and New Jersey with respect to your use of this Web
site and the Alerts Service, other than any information accessible through hyperlinks
to other Web sites. Your use of the Site constitutes your express acknowledgment
of and agreement to the terms, disclaimers, and conditions of use contained herein
and in the Privacy Statement which we reserve the right to change at any time at
our discretion. The term “Port Authority”, when used herein, shall include all of
the wholly owned subsidiaries and affiliates of the Port Authority including Port
Authority Trans-Hudson Corporation (“PATH”).
- The Port Authority has established this Site, and the Service, to enable customers
to receive notices of PATH service disruptions or customer service improvements.
- Use of this Site by minors (that is, persons under the age of 18) is prohibited
unless such use is supervised by an individual authorized to have access. We ask
that minors not seek access or submit any information to this Site.
- Except as may be specifically permitted herein, information provided on this Site
may not be reproduced in any form, or by any means, without express prior written
permission from the Port Authority. Users are not permitted to modify, distribute,
publish, transmit, download, print, or create derivative works of any material found
on this Site. Material contained on this Site is the property of the Port Authority
and is protected by copyright. Misuse of this Site or the Service may result in
appropriate actions, including disciplinary action if misuse is by a Port Authority
employee.
- The Port Authority may at any time, with or without cause or notice, in whole or
in part, a) temporarily or permanently cease its operation of this Site or the Service
(or any part thereof); b) revoke or modify your access to this Site or ability to
use the Service; and c) supplement, revise and/or amend these Terms of Use or the
Privacy Statement.
- The Port Authority does not assume any responsibility for the accuracy, completeness,
or condition of the information displayed on this Site or through the Service.
- All information provided on this Site or through the Service is subject to update
and change. No representations are made that the information is without errors or
omissions that may be considered material. The Port Authority assumes no responsibility
in connection with or arising out of your use of this Site or the Service including,
without limitation: (a) any failure for any reason in Site or Service operation
or accessibility; (b) the accuracy, timeliness, completeness, condition, or reliability
or availability of any information provided or intended to be provided on this Site
or through the Service; and (c) any loss or damages incurred by you from your use
or attempted use of this Site or the Service.
- Neither the Port Authority nor PATH nor the Commissioners, Directors, officers,
employees, agents or representatives of the Port Authority or PATH, nor the Port
Authority’s contractors associated with the provision of this Site or the Service
(if any), shall be liable to you or others for loss or damages of any kind, including,
without limitation, any direct damages or any special, incidental or indirect damages
or any consequential damages, arising out of youraccess of, or inability toaccess,
this Site or the Service, or your use of or reliance upon this Site or the Service,
or the content of either. The Port Authority expressly disclaims all warranties
expressed or implied by law.
- These Terms of Use supersede any prior or collateral understanding, verbal or written,
that you may have received relative to this Site or the Service.
- No failure or delay by the Port Authority in exercising any right, power, or privilege
hereunder shall operate as a waiver thereof, nor shall any single or partial exercise
thereof preclude any other or further exercise thereof or the exercise of any right,
power, or privilege hereunder
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Choice of Law and Forum
These Terms of Use and the Privacy Statement shall be governed by and construed
in accordance with the laws of the State of New York, excluding its conflicts of
law rules, and/or applicable Federal law. You hereby expressly agree that exclusive
jurisdiction for any claim, action or proceeding arising out of these Terms of Use,
the Privacy Statement, or your use of this Site or the Service shall vest only in
the state and/or Federal courts located in the County of New York, State of New
York, and you further agree to submit to the exercise of personal jurisdiction by
such courts in order to litigate any such claims, actions or proceedings. You hereby
acknowledge that any such claims, actions or proceedings brought by you against
the Port Authority will be subject to the laws of the States of New York and New
Jersey governing suits against the Port Authority.
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Severability and Integration
These Terms of Use and the Privacy Statement constitute the entire agreement between
you and the Port Authority with respect to your use of this Site or the Service.
If any part of this agreement is determined to be unenforceable or invalid for any
reason, such portion shall be interpreted in a manner that is consistent with applicable
law and the intent of the parties, and the remaining portions shall remain in full
force and effect
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Trademarks, Logos and Service Marks
The trademarks, logos and service marks (“Marks“) displayed on this Site are the
property of the Port Authority or third parties. You are not permitted to use these
Marks without the prior written consent of the Port Authority or such third-party
owners.
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Hyperlinks to Third-Party Web sites
This Site may include hyperlinks to other Web sites that may be helpful or useful
to you. These hyperlinks are offered only for your convenience, and the fact that
such hyperlinks are offered does not indicate the Port Authority's adoption or endorsement
of the content of any hyperlinked third-party Web sites. Once you have exited this
Site through a hyperlink, you will be governed by the terms of use and privacy protections
of the Web site to which you have been hyperlinked. Therefore, it is your sole responsibility
to evaluate such third-party Web sites to determine whether they are suited to your
needs, including, among other things, whether the content is reliable, whether your
privacy will be protected and whether the level of security provided is adequate
for your particular use.