As part of our commitment to providing our customers with quality service, we have
adopted the "Website and Electronic Fare Media Privacy Policy" below. This policy
is intended to explain how we protect and treat information you may provide to us
through participation in one of our electronic fare media programs and through the
use of our Website. Protecting your privacy is one of our top priorities and we
would like to ensure that you have a chance to understand how the information we
collect from you through your participation in our electronic fare media programs
and our Website will be treated. Printer friendly PDF version (73KB) (Requires Adobe
Acrobat™ Reader Version 5.0 or higher.)
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1. Privacy Policy And Your Acceptance And Consent
Please read this Privacy Policy carefully; it constitutes the agreement between
you and the MBTA regarding your providing, and our collection and use of, personal,
financial and other information you may provide us (i) while using our Site, (ii)
while enjoying the benefits of our Website Services, or (iii) while participating
in our Electronic Fare Media Programs via this Website. This Privacy Policy only
applies information transmitted through this Website. This Policy does not apply
to information that you provide or the MBTA collects through other means, such as
through traditional mailings or telephone calls. By using our Website you consent
to this Privacy Policy. In addition, when you choose to participate in an Electronic
Fare Media Program or Website Services program that requires the use of personal
information, we will further confirm you consent to this Policy, by asking you click
an "I accept" button referring to this Policy.
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2. The Connection between Information We Ask For And Our Services
We only ask for, and compile, personal information that is needed to provide you
with the product or service that you seek from us. For Electronic Fare Media that
provide a high level of functionality, we generally require a greater amount of
information, and a broader scope of use for this information. In addition, participation
in a Reduced Fare Program requires that you provide us with contact information
and other personal information to demonstrate eligibility for the Program, and that
you allow us broader abilities to use that information in order to run the Reduced
Fare Program. Participating in certain Website Services programs, such as the T-Services
Alert program, also requires that you provide us with certain personal information.
If you are uncomfortable with providing the requested level of information, or with
our use of this information for the particular purposes identified, you may simply
decline to order that level of service or participate in that particular program.
We offer Electronic Fare Media that do not require you to provide us with any personal
information, although these Media provide you with no special services on our system,
and do not allow you to participate in the Reduced Fare Program. In addition, is
you choose not to provide us with personal information, you will remain able to
enjoy a wide range of features on our Website. You will not, however, be able to
participate in those Website Services programs that rely on a level of personal
information, such as the T-Services Alert Program, or our Personalized Webpage Service.
Please read on to learn more about this relationship between personalized services
and your personal information, and about your ability to tailor the MBTA services
you seek with your wishes regarding the use of your personal information.
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3. The Types Of Information You May Provide
Information you may provide while visiting our Site or while participating in an
Electronic Fare Media Program falls into two broad categories: personally identifiable
information and aggregate information. We use the term “Personally Identifiable
Information” to mean any information that could reasonably be used to identify you,
including your name, address, e-mail address, birth date, financial information,
photograph, telephone number or any combination of information that could be used
to identify you. “Aggregate Information” is information that does not identify you,
and may include statistical information concerning use of MBTA transportation services,
or the pages on our Site that users visit most frequently. Our Privacy Policy governs
both categories of information as detailed below.
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4. Your Choices Concerning Personally Identifiable Information
You decide whether you wish to provide us with Personally Identifiable Information.
You have the option to buy Electronic Fare Media and elect not to “link” your personal
information in our system with the Electronic Fare Media you have purchased. You
also decide whether you wish to participate in Website Services that rely on personal
information. We have structured our Website so that you may visit us, and review
a range of information about transportation services, schedules and updates, without
revealing your identity or providing any Personally Identifiable Information. Please
note, however, that in order to use certain services offered by the MBTA, such as
the Managed Account services for Electronic Fare Media or the Buy Online program,
you must register and provide us with Personally Identifiable Information. For example,
if you do not wish to provide us with the Personally Identifiable Information needed
to offer you Managed Account services, you will not be able to obtain Managed Account
services, and will be unable to use account based features such as recurring autoloads,
electronic payments, and loss protection. We collect Personally Identifiable Information
through the following means, and use this information for the following purposes,
depending on the level of service and/or program(s) you have selected:
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4.1. Order Forms
We collect Personally Identifiable Information in connection with the purchase of
monthly passes, express bus passes, commuter rail multi-ride passes, visitor passes,
and other goods, fare media, and transit services purchased online from this Site
or purchased by credit card through other means. For credit or debit card purchases,
a customer will be asked to provide contact information (such as name, e-mail address,
and shipping address) and financial information (such as credit card number and
expiration date). We use a reputable company to verify your credit or debit card
information before billing your account. This information is used for billing purposes
and to fill orders. If we have trouble processing an order, the information may
be used to contact you. We will also share your shipping information with the delivery
service you request (UPS, U.S. Postal Service, or other delivery companies you select).
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4.2. Electronic Fare Media; Managed Accounts
You need not provide any Personally Identifiable Information in order to purchase
Electronic Fare Media. If you choose to make a purchase with a credit or debit card,
however, we will ask you to provide the Personally Identifiable information needed
for us to process your order, and we will use this information only for billing
purposes and to fill your order. In addition, if you choose to register a Smart
Card and obtain a Managed Account, with autoload functionality, electronic payment
features, loss protection features, and other available features, you will be asked
to provide contact information, and possibly financial information, depending on
the level of service you select for your Managed Account. We will use the information
you provide to register and service your Managed Account.
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4.3. Corporate Pass Program
Companies participating in the Corporate Pass Program will not be required to provide
Personally Identifiable Information (such as name and mailing address) for employees
who participate in the Program. Corporate customers will be asked for corporate
contact information (such as the name of the account representative and his or her
work mailing address) in addition to corporate financial information (such as bank
account) in order to establish accounts with the MBTA. Information the corporate
customer provides will be used to establish and maintain an account, and to permit
the corporate customer to make electronic payments on behalf of its employees. We
may also use the information to contact the account representative in charge of
making changes and managing the account. If an employer participates in our Corporate
Pass Program and chooses to provide Personally Identifiable Information in connection
with its employees’ Electronic Fare Media, this Information will be treated and
protected under this Policy as if the employee submitted the information him or
herself, under Section 4.2 above.
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4.4. Reduced Fare Program
Senior citizens, persons with disabilities, and blind persons participating in the
Reduced Fare Program will be asked to provide Personally Identifiable Information
in connection with the purchase and registration of Electronic Fare Media, and our
determination of eligibility for the Program. In addition, we will electronically
store passport size photographs in order to personalize Electronic Fare Media issued
under the Reduced Fare Program. We will use this Information to provide the Reduced
Fare Program, and ensure compliance with eligibility requirements for the Program.
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4.5. Location Information
Each time that a patron uses his or her Electronic Fare Media, the MBTA system collects
information about the location of use. Except in the case of a Managed Account,
this “location of use” information is not “linked” by our system to a particular
user. This location information in the AFC system (except in the case of a Managed
Account), therefore, does not personally identify you, and constitutes Aggregate
Information governed by Section 9.1 below. In the case of a Managed Account, location
information is needed by the system to provide autoloads, in order to manage your
account balance, and to provide other services a user has selected for his or her
Managed Account. Therefore, for Managed Accounts, location information is by necessity
linked to a particular user and a particular smart card. We use this “linked” location
information only for purposes of providing to you the Managed Account services you
have requested from us.
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4.6. T-Services Alert Program
Our T-Services Alert Program is designed provide users with useful transit alerts,
such as information as to commuter rail train delays. The Program sends these alerts
in the form of email messages or text messages to your cellular phone (or other
mobile device). If you choose to participate in the T-Services Alert Program, you
will be asked to provide Personally Identifiable Information, such as your email
address (if you wish to receive alerts in email form), or your cell phone number
(if you wish to receive alerts in text message form). We will only use this information
to provide you with the T-Service Alert Program services you have requested. When
you select this Program, we also ask you to identify (a) which MBTA transit services
you are interested in, and (b) the commuting or other time(s) you are interested
in, so that we can tailor the Program to your needs. The number of alerts you receive
will depend on the number of transit services you select, and the range of commuting
times you select. For example, if you are only interested in information about the
Commuter Rail from 6a.m. to 9a.m., you would receive fewer messages than if you
were interested in information about every subway line at every hour of operation.
Because Program participants will be responsible for the cost of receiving text
messages on their mobile device, we advise participants to narrow their requests
for alerts in text message form. You can cancel your participation in the T-Service
Alert Program at anytime, by following directions on the T-Service Alert Program
page on our Website.
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4.7. Cookies
“Cookies” are small text files that a website can use to recognize repeat users,
to facilitate the user’s ongoing access to and use of the Site, and to compile aggregate
data to improve the Site and related business purposes. Cookies, by themselves,
do not collect or retain your name or other Personally Identifiable Information.
If a Website Service requires that we link (a) information provided by cookies to
(b) your Personally Identifiable Information, we will inform you via this policy,
and allow you to choose whether you wish to receive that Website Service.
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4.8. Personalized Webpage Services
You can choose to personalize certain MBTA webpages to fit your needs, by using
our Personalized Webpage Services. A personalized webpage can save you time by allowing
you to put the information and features you use most often in one centralized location.
If you personalize your webpage, our system collects certain Personally Identifiable
Information and compiles this information with your personalized selections to create
a "user profile." We then associate this profile with a cookie so that our Website
can — via this cookie — "recognize" you and load your personalized webpage every
time you visit. Any cookie associated with a user profile will be treated as Personally
Identifiable Information and will be protected as detailed in Section 10 below.
You do not need to personalize your webpage to have access to our Website, and you
are free to accept or decline to receive our Personalized Webpage Services.
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4.9. Trip-Planning Services
You may also choose to employ our various Trip-Planning Services. These Services
are designed to provide you, upon your request, with maps, directions, and other
travel information. For example, when you click on a station in the subway map page,
a street map will overlay the subway map, and allow you to see where the station
exits on the street level. In addition, you may choose to provide a street address
if you wish to obtain directions from the station exit to your final destination.
Our Website also may give you the option of learning about points of interest close
to your destination, such as Freedom Trail stopping points, restaurants, hotels,
or banks. It is not necessary for us to ask for Personally Identifiable Information
to provide you with these Trip-Planning Services, and we accordingly do not request
this information. If the destination information, or other information you provide
in order to receive Trip-Planning Services were to be linked with Personally Identifiable
Information, such as, for example, if you have decided to obtain Personalized Webpage
Services, we will treat the Trip-Planning information as Personally Identifiable
Information, protected as detailed in Section 10 below.
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4.10. Search-Term Recall
You have the ability to use our Trip-Planning Services to obtain directions, and
to perform a range of searches on our Site. The Search-Term Recall feature on our
Site is designed to allow you to re-run your searches with minimal effort. The feature
accomplishes this result by saving your most recent searches, and presenting the
terms to you as you enter you current search. In order to "remember" the searches
you have run, the Search-Term Recall feature links (a) the searches run from a particular
computer, with (b) the cookie resident on that computer. We do not associate search
terms, or information used by this Search-Term Recall feature, with any Personally
Identifiable Information. If your cookie (and thus your search terms) were to be
linked with Personally Identifiable Information, such as, for example, if you have
decided to obtain Personalized Webpage Services, we will treat this information
as Personally Identifiable Information, protected as detailed in Section 10 below.
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4.11. Downloads
You have the ability to download certain information from our Site, and store this
information on a personal computer, or a mobile device, such as an Apple iPod. In
order to provide you with the requested download, we ask for Personally Identifiable
Information, such as your email address. We use this information only for purposes
of providing you with the download you have requested.
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4.12. Email address and other communications
If you send us an e-mail or letter with questions or comments, or if you provide
your contact information when ordering MBTA goods or services, including the T-Alert
Program, the MBTA may use your e-mail address and other personal information included
in your correspondence in order to respond to you. If you provide us with your e-mail
address in order to receive notifications, such as information concerning your Electronic
Fare Media account, the MBTA will only use your e-mail address to send you the type
of information for which you provided your e-mail address, unless you “opt in” and
affirmatively agree to receive additional e-mail notifications from time to time.
If you provide your phone number in order to participate in the T-Alert Program,
we will only use your phone number to send you the type of information for which
you provided your phone number.
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4.13. Surveys
From time to time the MBTA may conduct online and other surveys that customers may
complete on a voluntary basis. Information collected through the surveys will only
be used for the purpose of marketing or planning MBTA services unless you expressly
agree otherwise.
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4.14. Employment related information
If you are interested in employment opportunities with the MBTA, you can apply online
and submit your resume and past work experience. This information will be used only
by MBTA employees in charge of evaluating an applicant’s qualifications for a position
with the MBTA. In addition, we may use this information to contact you to discuss
employment opportunities and to send you written or electronic communications regarding
employment opportunities at the MBTA.
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5. No Unrelated Third Party Is Given Access To Your Personally Identifiable Information
We do not share with unrelated third parties any Personally Identifiable Information
that you provide. By “unrelated third parties” we mean anyone who is not involved
in providing AFC services, running this Site, or fulfilling requests you make concerning
this Site or the AFC System. Personally Identifiable Information that we collect
will be disclosed only to MBTA employees, officials or service providers on a “need
to know” basis for purposes of fulfilling their responsibilities to the MBTA. They
will only use the information to answer your questions, respond to any requests
for assistance, and fulfill the MBTA’s operational and legal obligations. Where
appropriate, we may provide the information submitted by you to the person or company
that is the subject of your inquiry, or to a government agency responsible for the
matters referred to in your communication. In cases where we disclose your Personally
Identifiable Information to related third parties who work with us to provide you
with services, we will require such party to protect your information and abide
by this Privacy Policy.
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6. How To Obtain Access To Information You Have Provided, And How To Remove Your
Information From Our Database
To allow you appropriate control over your Personally Identifiable Information,
you can request access to review, change, or update Personally Identifiable Information
that you have previously submitted. We will take reasonable steps to verify your
identify before granting access to your Personally Identifiable Information. Except
as provided in Section 12, only a Data Subject is entitled to access Personally
Identifiable Information concerning that Data Subject. You may not make access requests
for Aggregate Information or ridership information (if available), and we will not
respond to such requests.
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6.1. Electronic Fare Media
If you request, we will remove your name and other Personally Identifiable Information
from our databases concerning Electronic Fare Media. Please understand, however,
that it may be impossible to remove this information completely, due to system backups
and records of deletions. In addition, please understand that, if you request deletion
of your Information, you will be unable to utilize associated features of the Website
and any services offered through our Electronic Fare Media Programs, such as Managed
Account features. Please contact us, in accordance with Section 18, if you wish
to remove your name and other Personally Identifiable Information from our database.
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6.2. Personalized Webpage
If you have chosen to use our Personalized Webpage Services, you are able to review,
change, and update the manner in which you have personalized your Webpage (within
the constraints of our system) without having to request permission from us. You
may also delete the preferences that you have saved for your Personalized Webpage.
In addition, you have the ability to mark your Personalized Webpage as inactive.
The MBTA will periodically delete from its databases those accounts marked inactive
as well as those accounts that have not been used for at least six months.
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7. Opt-In Right Concerning Certain Information, Products and Services
We will contact you to request permission to send you bulletins, updates, or other
communications. You have the ability to decline to receive such information. Please
understand, however, that you may not be allowed to decline to receive certain formal
notices concerning operation of this Site, notices concerning operations of the
Electronic Fare Media Programs, operation of or our Website Services, and legal
and other related notices concerning your relationship to the Site and your participation
in Electronic Fare Media programs. You decide, based on the product or service you
request, what Personally Identifiable Information to give us. We only ask for the
personal information that we need in order to provide you with your requests. If
you feel uncomfortable providing the requested information or how the personal information
is used (see Section 4 above), you can simply choose not to request that product
or service.
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8. Public Records Requests
Certain information held by the MBTA may be subject to public records laws. Dissemination
of such information is governed by the Public Records Law, the Massachusetts General
Laws Chapter 66A (Fair Information Practices Act), Executive Order 412 and other
applicable laws and regulations. The laws require disclosure of certain information
in response to a public records request. Although these statutes provide a structure
for disclosing information held by public entities, Massachusetts General Laws Chapter
4, Section 7, Clause 26, provides that: "materials or data relating to a specifically
named individual, the disclosure of which may constitute an unwarranted invasion
of personal privacy" are exempt from the definition of "public records." It is our
position that your Personally Identifiable Information, including financial and
transaction information, is exempt from disclosure by virtue of this statute. Accordingly,
we will not disclose your Personally Identifiable Information in response to a public
records request, and will only disclose this information to third party requests
that meet the conditions of Section 12.
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9. Information That Does Not Identify You: Aggregate Information
General information that describes our customers’ activities, but that does not
identify any particular customer, is Aggregate Information. For example, if Site
visitors spend the majority of their time browsing information about “bus schedules,”
this suggests that bus schedules are important to our customers generally. Similarly,
if Kenmore Station after Red Sox games experiences a ten-fold increase in ridership,
this information suggests that we should plan to increase the number of cars that
service Kenmore Station during these time frames. These examples concern information
that does not identify a particular user, but that does provide potentially useful
data concerning our customers’ preferences and the efficacy and interest of our
Site’s and Electronic Media Program's features. The MBTA uses Aggregate Information
to analyze the effectiveness of our Site and our Electronic Fare Media programs,
and to improve our services. From time to time, we may undertake or commission statistical
and other summary analyses of the general behavior and characteristics of customers
participating in any of the Electronic Fare Media Programs and the characteristics
of visitors at our Site and may share Aggregate Information with third parties.
Rest assured, though, that Aggregate Information provided to third parties will
not allow anyone to identify you, or determine anything personal about you. We collect
Aggregate Information through the following means:
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9.1. Ridership Information
Our AFC system collects Aggregate Information through the use of Electronic Fare
Media. "Ridership Information" such as the travel patterns of our customers, the
number of people using certain MBTA locations, peak travel times, and T-Alert requests
will be collected to analyze and improve the operations of Electronic Fare Media
Programs and applicable MBTA services. Ridership Information will not include your
name or other Personally Identifiable Information. If Ridership Information is combined
or linked with any Personally Identifiable Information, the combined information
will be treated as Personally Identifiable Information and will be protected as
detailed in Section 10 below.
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9.2. Cookies
We may collect Aggregate Information about your use of our Site through cookies
and similar Internet technologies. We do not use cookies to collect or retain your
name or other Personally Identifiable Information without first informing you, as
set out in this Policy. If we link a cookie with your Personally Identifiable Information
to create a user profile in order, for example, to provide you with Website Services
like our personalized Webpage Service, we will treat the information as Personally
Identifiable Information as provided in Section 10 below. In addition, no third
parties are permitted to use cookies we may create at our Site for their own purposes.
You may choose not to allow us to collect Aggregate Information in this manner.
If you wish, you can set your Internet browser software to reject cookies by following
the instructions for disabling cookies in the “Help” section of your browser. Because
cookies are necessary to provide certain functionality for our Website Services,
if you disable your browser’s cookies feature, certain elements of our Site may
be unavailable to you.
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9.3. Fraud Detection
To allow us to detect fraud and system errors, we may compare Ridership Information
to Electronic Fare Media information. If, for example, the system shows that anonymous
smart card no. 1234 was used to enter the Braintree stop, and anonymous smart card
no. 1234 was also used simultaneously to enter the Wonderland stop, we can assume
either (i) that there is a system malfunction, or (ii) that fraudulent activity
has taken place. If in the course of inspecting for fraudulent activity or system
errors, Ridership Information is combined or linked with any Personally Identifiable
Information, the combined information will be treated as Personally Identifiable
Information and will be protected as detailed in Section 10 below.
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9.4. IP Addresses
An Internet Protocol (IP) address is associated with your computer’s connection
to the Internet. We use your computer’s IP address to maintain contact with you
as you navigate through our Site. We may also use your computer’s IP address to
provide you with personalized content. Your computer’s IP address by itself does
not identify you personally and thus we treat IP addresses, as Aggregate Information.
If your IP address is combined with any Personally Identifiable Information, the
combined information will be treated as Personally Identifiable Information and
will be protected as outlined in Section 10, below.
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9.5. Clickstream Data
"Clickstream data" is information concerning the sequence of mouse clicks made by
a website user, or the pages viewed by users, or the amount of time users spend
on a certain page, and other, similar information. Clickstream data can be thought
of as a "trail" that users make while navigating through a website. Clickstream
data does not identify you personally. We may collect clickstream data and, if we
do so, we treat such data as Aggregate Information. If clickstream data is combined
with any Personally Identifiable Information, the combined information will be treated
as Personally Identifiable Information and will be protected as outlined in Section
10, below.
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10. Any Information Linked With Your Personally Identifiable Information Is Protected
As “Personally Identifiable Information”
To enable us to better understand the characteristics of our customers and/or to
provide services tailored to your needs, we may link (a) the Personally Identifiable
Information you have provided; with (b) Aggregate Information. Linking is necessary,
for example, for Managed Accounts, in order to ensure that transactions you complete
using the MBTA system are credited to your personal account, and for certain Website
Services, as outlined in Section 4, above. If we combine or link any Aggregate Information
or other information with your Personally Identifiable Information, the resulting
combination will be treated and protected as Personally Identifiable Information
under this Privacy Policy. Accordingly, no unrelated third parties will have access
to this information, and any of our service providers who are granted access to
this information will be bound to protect it in accordance with this Privacy Policy.
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11. How We Safeguard Information We Collect
We have put in place security systems designed to prevent unauthorized disclosure
of information you provide to us and to deter and prevent hackers and others from
accessing this information. For example, we have taken steps to safeguard the integrity
of our telecommunications and computing infrastructure, including but not limited
to authentication, monitoring, auditing, and encryption. In addition, customer orders
are processed through a secure server using advanced forms of encryption software.
This means that all of your Personally Identifiable Information provided online,
including your financial information, will be encrypted during transmission to maximize
security protection. Because this Site does not encrypt incoming e-mail, you should
not send emails containing information that you consider highly sensitive through
this Website. We use standard security measures to minimize the threat that your
Personally Identifiable Information will be lost, misused, altered, or unintentionally
destroyed. We also use software programs to monitor network traffic to identify
unauthorized attempts to upload or change information, or otherwise cause damage.
This information should not be construed in any way as giving business, legal, or
other advice, or warranting as fail proof, the security of information provided
by or submitted to the MBTA Site and of information submitted through customer participation
in the Electronic Fare Media Programs or our Website Services. Due to the nature
of Internet communications and evolving technologies, we cannot provide, and disclaim,
assurance that the information you provide to us will remain free from loss, misuse,
or alteration by third parties, who, despite our efforts, obtain unauthorized access.
If we detect, despite the safeguards set out in this Section, an intrusion or other
unauthorized access to or use of Personally Identifiable Information (an "Intrusion"),
we will notify effected Data Subjects of the Intrusion, and will (i) deliver this
notice by the means we deem most efficient under the circumstances (such as, for
example, first class mail or email), or by other means as required by applicable
law; (ii) use contact information for each effected Data Subject that is current
in our files; and (iii) use commercially reasonable efforts to accomplish these
steps and effect this notice in a timely manner.
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12. Exceptions
There are two exceptions to our Privacy Policy. (1) We may release or use Personally
Identifiable Information in connection with (a) legal proceedings (such as false
claims by MBTA patrons for reimbursement), or contemplated legal proceedings, that
directly relate to such information; or (b) in response to a subpoena or court order
specifically requesting such information; and (2) in cases involving threat of imminent
harm to you or others, we may release such information to prevent or mitigate the
threat. In any such case, we will seek to limit the scope of the disclosure and
restrict such disclosures only to appropriate authorities, and will disclose only
such Personally Identifiable Information as is reasonably required to fulfill the
purpose of the disclosure. In addition, unless instructed otherwise by a court or
other authority with appropriate jurisdiction, we will undertake reasonable efforts
(i) to notify you of such a disclosure or request for disclosure, and (ii) to provide
you with this notice as far in advance of the disclosure as is reasonably practicable.
Persons who receive information in proper accordance with the procedures set out
in this Section ("Proper Recipients") may be able to combine (i) information they
properly obtain from us under this Section with (ii) other information they independently
possess concerning you. As long as we comply with the procedures set out in this
Section concerning release of information, we will not be responsible for Proper
Recipients' later use of this information.
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13. Retention Period
We retain records from our Electronic Fare Media Programs on both our active database
systems and our archive systems. These records contain Personally Identifiable Information
and Aggregate Information. We retain on our active systems Electronic Fare Media
Program records that contain Personally Identifiable Information for not more than
fourteen (14) months. At that point, we archive such records, and retain the archived
records for the retention period required by applicable Public Records Laws of the
Commonwealth. Our backup systems do not materially change the retention period of
Electronic Fare Media Program records that contain Personally Identifiable Information.
We retain Aggregate Information indefinitely.
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14. Compliance
The MBTA will appoint a Privacy and Security Administrator (the "Administrator")
to be responsible for administering and ensuring compliance with this Privacy Policy.
He or she shall ensure timely response requests for access to records; shall provide
notice (where allowed) when records are obtained pursuant to compulsory legal process
under Section 12; and shall be responsible for the implementation of this Policy
in each MBTA office/department.
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15. Scope Of Policy
This Privacy Policy governs our information practices with respect to (i) information
that Site visitors directly or indirectly provide while using our Website and (ii)
information collected from customers that choose to participate in our Electronic
Fare Media Programs. This Policy does not apply to the MBTA’s information practices
applicable to other relationships or other programs.
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16. Definitions
- 16.1. “Aggregate Information” is defined in section 3
of this Policy.
- 16.2. "Autoload" or "autoload" is a
program whereby the MBTA (i) automatically charges your credit or debit card at
your request and (ii) loads those funds to your Electronic Fare Media.
- 16.3. “Automated Fare Collection” or “AFC”
means the platform of systems, equipment (fare vending machines, fareboxes, fare
gates), back office hardware, and software for the MBTA’s fare collection activities.
This system includes Electronic Fare media, electronic ticketing, electronic fare
collection, and customer service activities.
- 16.4. “Data Subject” means the individual identified
by the Personally Identifiable Information at issue.
- 16.5. “Electronic Fare Media” means a smart card or magnetic
stripe ticket designed to be used by Customers to obtain MBTA transportation services.
- 16.6. “Managed Account” means an account for Electronic
Fare Media that includes advanced service features such as recurring autoloads,
electronic payments, and loss protection.
- 16.7. “Electronic Fare Media Programs” mean MBTA administered
programs dealing with customer purchase, registration, or use of Electronic Fare
Media.
- 16.8. “Personally Identifiable Information” is defined
in Section 3 of this Policy.
- 16.9. "Personalized Webpage Service" or "Personalized
Webpage" is defined in Section 4.8 of this Policy.
- 16.10. “Reduced Fare Programs” shall mean Electronic
Fare Media Programs at reduced rates provided to senior citizens, persons with disabilities,
and blind persons.
- 16.11. “Registered User” means an individual or entity
that has registered a smart card with the MBTA.
- 16.12. "Ridership Information" is defined in Section
9.1 of this Policy.
- 16.13. "Search-Term Recall" means the feature on our
Website that retains in memory the most recent terms you used in conducting searches
of our site. This Search-Term Recall feature relies on cookies, as further described
in Section 4.10 of this Policy.
- 16.14. "T-Service Alert Program" is defined in Section
4.5 of this Policy.
- 16.15. "Trip-Planning Services" means services that
assist you in obtaining directions, locating maps, and obtaining other information
to help you in locating your destination.
- 16.16. “You” and “your” refer to any
person (i) who accesses this Site, (ii) who participates in an Electronic Fare Media
Program or Website Services program, and (ii) whose Personally Identifiable Information
is provided to the MBTA.
- 16.17. “We,” “us,” and “our” mean the
MBTA.
- 16.18. "Website Services" means the informational, educational,
travel-related, or other services that we offer through our Website. The term "Website
Services" includes our T-Service Alert Program, our Personalized Webpage Service,
and our Trip-Planning Services.
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17. Additional General Provisions
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17.1. Privacy Protection for Children
Our Site is not directed at children, and we will not accept or request personal
information from individuals we know to be under 13. In accordance with the Children’s
Online Privacy Protection Act of 1998, if we learn that a child under 13 has provided
us with Personally Identifiable Information, we will delete this information from
our databases.
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17.2. Changes to Policy
We will post changes to this Policy at least 10 days before they take effect. Any
information we collect under the current Privacy Policy will remain subject to the
terms of this Policy. After any changes take effect, all new information we collect,
if any, will be subject to the new Policy.
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17.3. Disclaimer Notice The Massachusetts Bay Transportation Authority (MBTA) makes
no claims, promises or guarantees about the accuracy, currency, completeness, or
adequacy of the contents of this Website and expressly disclaims liability for errors
and omissions in its contents. In the event of a conflict between this Privacy Policy
and the Public Records Act or other law governing the disclosure of records, the
Public Records Act or other applicable law will control. No warranty of any kind,
implied, express or statutory, including but not limited to the warranties of non-infringement
of third party rights, title, merchantability, fitness for a particular purpose
and freedom from computer virus, is given with respect to this Website or its links
to other Internet resources. Although we have put in place security systems (as
described in this Policy) that are designed to prevent unauthorized disclosure of
your Personally Identifiable Information, due to the nature of Internet technologies
we cannot provide firm assurances as to the security of this information, and expressly
disclaim any such obligation.
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17.4. Site Privileges You agree to refrain from activity that imposes an unreasonable
burden on the Site, and we reserve the right, in our discretion, to limit the order
quantity on any item and/or to refuse service to any customer who violates these
provisions.
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17.5. Choice of Law and Jurisdiction
This Site is controlled and operated by the MBTA from its location in Boston, Massachusetts.
This Policy shall be construed in accordance with the laws of the Commonwealth of
Massachusetts, without regard to any conflict of law provisions. Any dispute arising
under this Policy shall be resolved exclusively by the state or federal courts sitting
in Suffolk County, Massachusetts.
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17.6. Fees for Disclosed Records
We reserve the right to impose reasonable charges for responding to access requests
under Section 6. Fees for copies of records which are disclosed shall be assessed
in accordance with the Federal Department of Transportation regulations regarding
the assessment of fees under the Privacy Act (49 CFR §10.75).
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17.7. Fees for T-Alert Service
Each mobile device service provider sets its own prices for receiving text messages.
Please be aware that the MBTA is not responsible for any charges that a customer
incurs as a result of enrollment in the T-Alert Program and that the MBTA cannot
predict, with any accuracy, the number of alerts that a customer may receive from
the MBTA in connection with the T-Alert service. The MBTA is providing the T-Alert
Program to benefit its customers and does not have a financial interest in the program.
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17.8. Links
Our Site may contain links to other sites. Please be aware that the MBTA is not
responsible for the privacy practices of other sites. We encourage our Customers
to be aware when they leave our Site and to read the privacy policies of each website
that collects Personally Identifiable Information. This Privacy Policy applies solely
to information collected by our Site.
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18. Contact Us
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19. Complete Agreement.
This Privacy Policy constitutes the entire agreement between you and the MBTA with
respect to the collection, use, storage, and disclosure by the MBTA of Personally
Identifiable and Aggregate Information obtained from the MBTA Site or from participation
in the MBTA’s Electronic Fare Media Programs. Effective Date: Dec, 2006