PRIVACY POLICY
BNA O&M General Partnership (“BNA O&M”) operates and manages the Gordie Howe International Bridge and provides tolling and back-office services for Windsor-Detroit Bridge Authority (WDBA) with respect to the tolling infrastructure located at the Gordie Howe International Bridge and the ports of entry in Windsor, Ontario, Canada and Detroit, Michigan, U.S. This infrastructure includes the electronic toll collection system together with all associated hardware, software and supporting communications required or necessary to perform tolling operations (“Tolling Infrastructure”).
I. BNA O&M’S DUTY TO PROTECT CUSTOMERS’ PERSONAL INFORMATION
BNA O&M has a duty to protect the privacy of all users of the Gordie Howe International Bridge and its Tolling Infrastructure, such as the toll account customers. BNA O&M will not collect, use, or disclose customers’ Personal Information without their consent, and only collects such information that they provide voluntarily when they send an email or letter or initiate an online transaction such as opening an account, viewing or modifying such account, or use the Gordie Howe International Bridge and its associated Tolling Infrastructure.
Since BNA O&M collects certain Personal Information from users, it is important for users to fully understand the terms and conditions of BNA O&M’s collection, use or disclosure of their information through this privacy policy statement.
For the purposes of this policy, Personal Information means any information about an identifiable individual where the information, alone or with other information that is reasonably available, can be used to identify that person. Certain information is exempted from this definition, such as an individual’s business contact information that is used to communicate about their employment, business, or profession.
Personal information provided to BNA O&M is collected and protected under the Personal Information Protection and Electronic Documents Act (PIPEDA). For this purpose, BNA O&M, as WDBA’s tolling infrastructure operator, has established physical, electronic and security systems and procedures to protect any Personal Information collected, and prevent unauthorized access, maintain data accuracy and ensure that they are used appropriately.
II. PURPOSES OF COLLECTING PERSONAL INFORMATION
BNA O&M collects toll account customers’ Personal Information for legitimate business purposes and only after considering its sensitivity, effectives, privacy impacts and alternatives. This is to enable BNA O&M to render services related to customers’ use of the Gordie Howe International Bridge and the Tolling Infrastructure, to properly administer a customer’s account, to improve customer service and effectively respond to customer service requests and support their needs, to enhance users’ experience of the website, improve the website and site features based on feedback received, and to contact its registered toll account customers regarding the services it provides.
Summarized below are the main reasons BNA O&M collects Personal Information, the types of information involved, their sources, who BNA O&M may share it with, and customer choices with respect to their Personal Information.
A. Tolling Business Activities
1. Purposes
BNA O&M collects customers’ Personal Information for the following purposes:
a. managing and operating the Gordie Howe International Bridge and the Tolling Infrastructure (e.g., registration of accounts, delivery of transponders, enforcing toll, processing and administrative fees).
b. maintaining and providing products and services for customers, such as loyalty program and mobile application.
c. carrying out billing and account management activities, including:
i. payment processing and collection activities
ii. requesting credit investigation, or sharing customers’ Personal Information with government, credit reporting, or service providers performing similar functions
iii. providing advice or information on billing and payment options, managing discounts and closing accounts.
d. handling specific customer concerns or disputes.
e. data analytics, internal training or testing related to the above purposes.
2. Information that BNA O&M Collects
BNA O&M collects the following Personal Information from its customers. Information collected is not limited to text characters and may include audio, video and graphic information formats.
a. when they open or register an account,
i. name, mailing address, phone number, e-mail address, and year of birth
ii. financial information like credit card or banking information and credit history
iii. vehicle information like make, model, year, colour, and weight; licence plate number and plate sticker expiry date; registrant identification number (RIN); vehicle identification number (VIN); and transponder identification number, if any.
b. in relation to the administration of transponders issued to customers,
i. account number
ii. vehicle information and transponder identifier and information
iii. mailing and shipping address, payment method and correspondence.
c. when customers use the Gordie Howe International Bridge and the Tolling Infrastructure,
i. trip details on the Gordie Howe International Bridge and the ports of entry in Canada and the U.S., including camera images of front and rear licence plates. Camera images of the front windshield portion of customers’ vehicle are blurred to protect customers’ privacy. This may be imperfect or suspended temporarily so BNA O&M can test, maintain, and improve tolling technology, following which any Personal Information collected is promptly destroyed.
ii. data generated through the Tolling Infrastructure’s toll collection process that reveals the date, time, location or direction of travel by customer.
iii. audio and video surveillance of public spaces at the I-75, Canadian and U.S. ports of entry, bridge approaches, Gordie Howe International Bridge, primary and secondary inspection lanes, and toll booths.
d. information that customers provide though voluntary submissions such as queries posted in the “Contact Us” section and information they provide when they register for services on the site, respond to a survey, or fill out a form.
e. customers’ Internet Protocol (IP) addresses may be captured in firewall and webserver logs. This forms part of BNA O&M’s comprehensive security and threat mitigation processes to identify and prevent potentially malicious attackers. The IP addresses are not correlated with any other web analytic information and any digital marker or web analytic information about individual users, unless an attempt to damage the site has been detected.
3. Sources of Information
a. customers, when they open an account, travel on the Gordie Howe International Bridge and the port of entries, communicate with and use products or services offered by BNA O&M or WDBA.
b. third-party partners or service providers for collections purposes, such as credit reporting agencies and collection agencies.
4. Sharing of Personal Information
BNA O&M may share Personal Information with the following:
a. WDBA, government or motor transport agencies, such as the Ontario Ministry of Transportation (“MTO”) and Michigan Department of Transportation (“MDOT”), or third parties responsible for managing driver data.
b. third-party partners or service providers as part of collection activities, including government agencies, credit reporting agencies, and collection agencies.
c. other service providers that support tolling business activities, including quality assurance specialists, invoice and payment processors, and consultants.
B. Marketing and Promotions
1. Purposes
BNA O&M collects Personal Information for marketing and promoting travel on the Gordie Howe International Bridge and use of products and services to actual and potential customers, including the use of My Account, mobile app, paperless billing, and transponders.
BNA O&M may also conduct data analytics, internal training, or testing related to these purposes.
2. Information that BNA O&M Collects
In addition to the types of Personal Information used for tolling business activities listed above, BNA O&M may also collect and use:
a. individual feedback, shared experiences, opinions, and preferences.
b. mobile app data (see Section VIII, My Account and the mobile app).
c. web data about customers (see Section III, Manner of Collecting Information, Cookies and Other Web Data).
3. Sources of Information
In addition to the sources identified above, BNA O&M may also collect Personal Information from:
a. existing customers or potential customers engaging with BNA O&M or responding to its or WDBA’s marketing campaigns or participating in corporate-sponsored events.
b. the mobile app if customers download, install and use the app (geolocation, travel, and route information are only collected if customers expressly agree through their in-app privacy settings).
c. third-party direct marketing or mail vendors.
4. Sharing of Personal Information
BNA O&M may disclose Personal Information to WDBA, third-party service providers carrying out marketing and promotions, such as marketing and communications agencies, digital or social media marketing and analytics vendors, and consulting firms.
5. Customer Choice
Customers can opt out of the use of their Personal Information for marketing purposes by contacting BNA O&M using the information in Section IX (BNA O&M Accountability).
Customers can also unsubscribe from emails or other messages from BNA O&M through the My Account of mobile app.
C. Security, Legal and Compliance
1. Purposes
BNA O&M likewise collects Personal Information for the purpose of satisfying security, legal, and compliance related activities, such as:
a. during an emergency where someone’s life, health or security is at risk.
b. responding to a lawful order of a court, regulatory agency or government tribunal.
c. preventing, detecting, or investigating illegal or harmful activity occurring at the Gordie Howe International Bridge or in connection with the Tolling Infrastructure or BNA O&M’s business operations (including addressing toll evasion, property damage, fraud, or threats to the safety or security of individuals, data, or other assets).
d. asserting BNA O&M’s legal rights, such as defending claims and pursuing available remedies.
e. complying with applicable laws, rules, regulations, policies and other requirements or legal obligations, including responding to authorized audits of the company.
BNA O&M may also conduct data analytics, internal training, or testing related to these purposes.
2. Information that BNA O&M Collects
Any of the types of Personal Information identified above may be necessary to satisfy security, legal, and compliance related activities.
3. Sources of Information
The sources of Personal Information could potentially include any of the sources identified above.
4. Sharing of Personal Information
BNA O&M may disclose Personal Information to WDBA, government or public motor transport agencies like the MTO, MDOT, law enforcement agencies, and third-party service providers, such as security firms, law firms, auditors, and consultants.
5. Customer Choice
BNA O&M takes security and legal compliance seriously. As such, most uses of Personal Information under this subsection will not be optional. If customers have any concerns, refer to Section XII (Contacting BNA O&M) for information about how customers can contact BNA O&M.
III. manner of collecting information, Cookies and other web data
A. Manner of Collecting Information
All features of web data analytics service may be used, including obtaining specific visitor cookie data used to visit the website. However, web analytics tools do not collect personally identifying information.
B. The Use of Cookies
BNA O&M uses certain technologies and tools on the website (like cookies) and the mobile app to compile aggregate data about site traffic and site interaction and save customer preferences to provide better site experience, services and future content based on customers’ interests.
Cookies and IP addresses
BNA O&M only access cookies sent to customers’ computers, and customers may limit or disable cookie use through web browser settings. Customers may also choose not to click on links embedded in marketing emails. If customers choose to turn off all cookies via browser settings, this may cause web services to not function properly. However, customers may still purchase services by telephone or by contacting BNA O&M’s customer service.
BNA O&M also collects customers’ IP addresses to help estimate the total number of web visitors from various regions. An IP address is automatically sent by the customer’s computer web browser each time a web page is requested for viewing and this IP address is logged on to BNA O&M’s servers.
BNA O&M uses a tool called Google Analytics on the website. Google Analytics uses the data collected through cookies to track the use of the website, prepare reports, and share them with other Google services. Advertising identifiers for mobile devices (such as Android and iOS Advertising Identifiers) are also collected. Google may use the data collected on the websites to contextualize and personalize the ads of its own advertising network.
For more information on how Google uses this data and how to control the information collected by websites, click here. Customers can also opt out of Google Analytics by visiting Google Analytics Opt-out. [LR1]
D. Third party providers
BNA O&M may engage third-party service providers in better understanding site visitors and help improve services. They are not permitted to use information collected on behalf of BNA O&M except for this purpose.
IV. cross-border transfers
In most cases, customers’ Personal Information is used, disclosed, and retained in Canada. In some situations, however, BNA O&M may disclose Personal Information outside of Canada (such as in the US) to achieve one or more identified legal purposes.
Personal Information in another jurisdiction may be accessed by the courts, law enforcement and national security authorities, and are generally subject to different privacy standards. BNA O&M will try to limit such disclosure, but where disclosure is required, BNA O&M will ensure that there is a comparable level of protection over customers’ Personal Information.
V. CUSTOMER CONSENT
BNA O&M will not collect, use, or disclose customers’ Personal Information without consent. As it is doing in this Privacy Notice, BNA O&M will explain the reasons for needing Personal Information so that customers can make an informed decision whether to consent or to continue consenting. From this explanation, customers should be able to understand the nature, purpose, and consequences of the collection, use or disclosure of their Personal Information.
A. Express or implied consent
Customers’ consent can be express (written or verbal) or implied (through their action or inaction). BNA O&M requires express consent when it collects more sensitive Personal Information such as if BNA O&M needs financial information to assess customers’ registration or application to open an account. BNA O&M will require customers’ express consent to collect and use such Personal Information.
BNA O&M also relies on customers’ implied consent if the purpose or consequence of collection is reasonably expected. For instance, when customers travel through the Gordie Howe International Bridge, the ports of entry, and its Tolling Infrastructure, they should reasonably expect that BNA O&M will collect and use their contact, vehicle, trip details and related information to send them a bill, so implied consent by taking a trip is adequate.
By using this website, customers likewise consent to the collection, use or disclosure of their Personal Information by BNA O&M.
B. Exceptions to consent
In certain situations, under Canadian privacy laws, BNA O&M collects, uses, or discloses Personal Information without customers knowledge or consent. These include disclosures to law enforcement agencies based on a lawful order; disclosures to emergency responders who need the information due to an emergency threatening the life, health, or security of an individual; or disclosures to a third party to investigate illegal activity or a breach of contract, including to collect a debt owing to BNA O&M.
C. Withdrawing consent
Customers may withdraw their consent at any time by contacting BNA O&M. However, BNA O&M may continue to collect, use and disclose Personal Information to the extent needed to carry out tolling business activities or to satisfy security, legal and compliance requirements, such as if customers continue travelling on the Gordie Howe International Bridge or have overdue amounts. Withdrawing consent may limit the services that BNA O&M can provide to customers.
If customers wish to stop the collection of their Personal Information through the mobile app, customers must delete the app completely from their mobile device. To withdraw consent to BNA O&M’s use of Personal Information collected by the app prior to its deletion, please contact BNA O&M with such request. For further information about the mobile app, please see Section VIII (My Account and the mobile app).
VI. ACCESSING AND UPDATING PERSONAL INFORMATION
Customers have the right to know about the Personal Information that BNA O&M have about them. Upon written request (by mail or email only), and after verifying customer identity, BNA O&M will provide customers access to their Personal Information. There may be a small processing fee required.
For security reasons, giving customers access to requested information means emailing them a password-protected file. Customers are required to confirm their email beforehand. It is also possible that BNA O&M cannot give customers full access to their Personal Information, such as if it will reveal another person's Personal Information or if access is harmful in a legal, security or commercial sense. BNA O&M will inform customers if this is the case and the reason(s). Customers can always challenge this decision by responding back to BNA O&M.
BNA O&M will try to make sure that customer Personal Information is updated as needed, but it is the customers who would know best if there were any updates. Customers are expected to review the Personal Information that BNA O&M have about them through their correspondence with BNA O&M. If a change or correction is needed, customers can make certain updates through My Account or the mobile app, as applicable, or by contacting BNA O&M by live chat, e-mail, or phone. While certain laws require customers to notify relevant government agencies (such as MTO) of a change in address within days of moving, these agencies do not automatically update BNA O&M. Customers are required to let BNA O&M know if they have moved and changed address.
VII. ANONYMIZED INFORMATION
BNA O&M may use anonymized data as needed for any purpose and subject to applicable laws. As such, BNA O&M may anonymize Personal Information so that it cannot reasonably be used to infer information about customers or otherwise be linked to individuals.
BNA O&M may disclose anonymized data to authorized recipients after confirming that there is no serious possibility of re-identification, including reviewing the data prior to disclosure and imposing contractual obligations to ensure that the data stays confidential and anonymous.
VIII. MY ACCOUNT AND THE MOBILE APP
The customers’ use of My Account is subject to the My Account Customer Agreement[LR2] . By creating a My Account, customers are the only persons who may disclose, share, or grant access to information contained therein to any other person(s).
BNA O&M will therefore restrict access to customers account information from any person seeking such access, unless the customer authorizes it, or if a customer initiates sharing a specific billing account within My Account via the web or the mobile app. If a customer shares a specific billing account, those with whom it was shared may make payments or view details of that account, including historical or real-time trip details. The customer is the only person who can make changes to their My Account and may revoke sharing at any time.
The customers’ use of the mobile app is subject to the Mobile Application Terms of Use[LR3] . Personal Information collected by the app, when collected, or its uses depends on the privacy settings customers select on their mobile devices. Personal Information that can be collected on the app include:
Customers can change settings in the mobile app at any time. If customers choose to disable or limit location services, certain app services may, however, be negatively impacted. Please refer to Section V (Customer Consent) for information about stopping the collection or use of Personal Information collected by the app.
Google & Location Services[AO4]
The Mobile Application services are used to identify start and end points while determining route information. The user maintains control of location services by controlling their browser and mobile settings at any time. Users may opt-in or out of the use of their location at any time. Location services are only used to provide route information and/or relevant audio and visual alerts to the user. At no time does WDBA collect or store active route information. Please refer to Google’s Privacy Policy for further information on this service.
BNA O&M may disclose, share, or grant access to customer Personal Information in relation to My Account or the mobile app for legitimate business purposes.
IX. BNA O&M ACCOUNTABILITY
A. Accountability
BNA O&M is accountable to customers for safeguarding their Personal Information that it has collected and used and is responsible for the actions of others to whom it has disclosed Personal Information, including its employees, contractors and other third-party representatives. These parties are not provided Personal Information unless it is necessary to achieve the identified purposes, to perform their official functions, and only after they agree to follow the requirements in this policy, applicable privacy laws, and appropriate data security requirements.
B. Best practices
BNA O&M only collects, uses, and discloses Personal Information that are needed to achieve identified purposes. Only Personal Information required to achieve a particular purpose will be disclosed to those responsible for helping BNA O&M achieve that purpose, and these recipients must have already agreed to treat customers’ Personal Information confidentially and securely, in accordance with applicable privacy laws.
BNA O&M also retains customers’ Personal Information only for as long as needed to fulfill the purposes for which it was collected or as required by law. After that, BNA O&M will delete it and require anyone else with customers’ Personal Information to delete it too.
C. Safeguards and Protective Measures
BNA O&M protects customers’ Personal Information in the following manner: (1) physically using security locks, badges, and protocols; (2) technologically using passwords, encryption, and other safeguards designed to prevent unauthorized access to systems; (3) organizationally through regular data security training for staff, and ensuring appropriate security clearances and verification procedures are in place; and (4) contractually with relevant third parties, who are required to agree to legal terms governing privacy and security before any Personal Information is disclosed to them.
For instance, BNA O&M implements a variety of security measures to maintain the safety of customer Personal Information using privacy-enhancing technologies, such as Secure Sockets Layer (SSL) interactions. All sensitive/credit information is likewise transmitted via SSL technology and then encrypted into the payment gateway providers’ database. Only those authorized with special access rights to such systems and information will have access.
Personal information may also be transferred to and processed in countries outside of the customer's country of residence. BNA O&M has appropriate safeguards in place to protect customers’ privacy and security during such transfer and processing of information.
BNA O&M also does not disclose any information, nor does it sell nor otherwise transfer any Personal Information to outside parties. This does not include trusted third parties that BNA O&M has engaged or WDBA’s service providers who assists BNA O&M or WDBA in conducting business, or delivering services, or in the operation of the website, as those parties certify to keep collected information confidential. As mentioned above, BNA O&M may also release customer Personal Information to comply with the law, enforce site policies, or protect BNA O&M and WDBA or others’ rights, property, or safety.
D. No Responsibility
BNA O&M does not have responsibility for the effective and secure operation of the customers’ (1) computer systems (including but not limited to desktops, laptops, handheld devices and networks) or (2) the software installed on these computer systems that customers use to access the website and BNA O&M’s services.
Customers are responsible for employing reasonable security practices with respect to any computer system or software they use to connect to the website, including
· protecting their password
· maintaining the most current versions of their computer system, including the operating system, software, web browsers, and browser plug-ins
· installing and operating anti-virus software
· not clicking on suspicious links, or opening attachments from mysterious senders
· browsing the internet securely.
E. Disclaimers
The information provided in this policy should not be construed as giving business, legal or other advice, or warranting as fail proof the security of information provided through the website.
BNA O&M and WDBA may choose to offer online access to third party products or services. BNA O&M and WDBA, however, bear no responsibility or liability for the content and activities of third party linked sites, as these sites have separate and independent privacy policies. These are provided solely for the convenience of users and BNA O&M and WDBA do not endorse the sites and their content. Nonetheless, BNA O&M and WDBA seek to protect the integrity of this site and welcome any feedback about any linked sites.
Neither BNA O&M nor WDBA nor any of their employees, agents or service providers shall be held liable for the improper use of the information described or contained on the website. Neither does BNA O&M, WDBA nor any of their employees, agents or service providers shall be liable for direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused, even if advised of the possibility of such damage.
BNA O&M and WDBA do not provide warranty, expressly or implicitly, on the accuracy, adequacy, completeness, legality, reliability or usefulness of any information. All information is provided on an “as is” basis and BNA O&M and WDBA disclaim all warranties of any kind express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and non-infringement of proprietary rights.
X. SECURITY BREACH NOTICE
In the event of a data breach, BNA O&M will notify affected customers promptly and provide information on the nature of the breach, the data involved, and the steps being taken to mitigate the impact.
XI. CHANGES TO THE PRIVACY POLICY
Customers will be notified of any changes to this Privacy Policy through updates posted on this page, banner or pop-up notice, or email updates so that customers are always aware of the information BNA O&M collects, their uses and the circumstances they are disclosed.
XII. CONTACTING BNA O&M
If customers have any questions about this Privacy Policy or wish to exercise their rights under the PIPEDA, please contact BNA O&M’s privacy officer at [x] or at [x].
Since PIPEDA applies to BNA O&M’s collection, use, and disclosure of Personal Information, please see below the contact details of the Office of the Privacy Commissioner of Canada if customers have any questions or concerns that BNA O&M could not address.
Office of the Privacy Commissioner of Canada
30 Victoria Street
Gatineau, Quebec, K1A 1H3
Toll-free: 1-800-282-1376
Phone: (819) 994-5444
Fax: (819) 994-5424
TTY: (819) 994-6591