Privacy Policy Regarding Information Collected by Automated License Plate Readers (“ALPR”)

Otay-Tijuana Venture, L.L.C.’s (“CBX”) Privacy Policy, pursuant to California Civil Code 1798.90.5 et seq., is as follows:

A. Purpose and Scope

The purpose of this Privacy Policy is to ensure that CBX’s collection, use, maintenance, sharing, and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties and to comply with the applicable provisions of California Civil Code Section 1798.90.5 et seq. A written copy of this policy is available to members of the public upon written request delivered to Cross Border Xpress, 2745 Otay Pacific Drive, San Diego, CA 92154, and is also posted conspicuously on CBX’s internet web site at www.crossborderxpress.com/en/ALPR_privacy. Changes to this Privacy Policy will be posted on the foregoing website. This Privacy Policy applies to CBX’s employees, customers, the contractors and vendors identified herein, and their respective camera and data hosting affiliates. The images stored in the ALPR system are collected from areas visible to the public where there is no reasonable expectation of privacy.

B. Administration

All access to, and retention of, ALPR data is managed by (a) CBX’s Chief Information Officer, (b) LAZ Parking California, LLC’s (“LAZ Parking”) on-site Manager, and (b) FlashParking, Inc. (“Flash Parking”), CBX’s provider of parking management systems and services, and each of their respective designees (collectively, “Authorized Users”). LAZ Parking is CBX’s independent contractor for the operation of CBX’s terminal and parking facilities.

1. The Authorized Users are responsible for the monitoring of the ALPR system accessed by CBX, LAZ Parking, FlashParking, Inc. or their respective designees, to ensure the security of the information and compliance with applicable privacy laws. CBX’s Chief Information Officer or his designee shall be responsible for the correction of data errors of which they become aware.

2. The Authorized Users shall ensure that only authorized personnel with a legitimate business need shall be granted access to ALPR data.

CBX uses ALPR data to, among other things, track ingress and egress from its parking lots to determine ticket charges for each vehicle. In addition to ticketing purposes, ALPR data may be used for all or any of the following purposes:

1. To determine correct parking fees;
2. To facilitate payment of CBX crossing and parking fees;
3. To verify vehicle counts in CBX’s parking lots;
4. To identify and track abandoned vehicles;
5. To audit and ensure accuracy of captured images and information;
6. To improve our customer service and experience, products and services; and
7. To respond to inquiries of law enforcement agencies.

3. In addition to Authorized Users and their respective designees for the purposes enumerated above, authorized personnel include:

1. LAZ Parking’s Personnel – when facilitating parking lot ingress or egress, conducting vehicle inventories, assisting passengers with finding their cars or lost tickets, and generally operating the parking facilities, it is necessary for LAZ Parking’s staff leads and other authorized personnel to review and enter, search, and retrieve license plate information into the ALPR system. LAZ Parking personnel must verify all images being recorded are accurate.
2. CBX Personnel – When assisting with ticket transactions, it is necessary for certain CBX operations personnel to retrieve the entry date for the vehicle by running the license plate through the ALPR data system in order to assist with charging the customer the correct amount. CBX may also use ALPR data to project parking lot usage and improve CBX’s customer service.
3. Auditors – Auditors have access to all facets of the ALPR reporting portal. This is necessary to, among other thing, ensure accurate license plate capturing and ticket processing.
4. Counsel – CBX’s counsel may have access to the system to ensure compliance with applicable law and confidentiality and privacy protections and respond to law enforcement inquiries.
5. Maintenance Technicians – maintenance technicians provide service and maintenance to the ALPR system and have access to reports within the system only on an as needed basis.
6. Flash Parking – to perform certain maintenance and support functions of the CBX’s parking system and to improve its products and services, subject to compliance with applicable law and confidentiality and privacy protections.

All personnel with access to undergo training on proper use and handling of ALPR data, including review of this policy, in order to safeguard customer privacy and comply with applicable laws. CBX’s Chief Information Officer or their designee shall be responsible for the development and implementation of training requirements for all authorized personnel.

The Chief Information Officer or their designee will regularly monitor querying activity via electronic logs to ensure searches are tied to legitimate transactions and other aforementioned business needs.

The sale and unauthorized dissemination of customer license plate information is strictly prohibited by company policy. Violations will include disciplinary action up to and including termination of employment. The Chief Information Officer or their designee shall develop, implement and monitor the process for and restrictions upon the sharing or transfer of ALPR information to other persons. The process for sharing or transfer of ALPR information shall, at a minimum, include:

1. a written request is made for ALPR data which includes: the name of the entity requesting information; the name of the person requesting; and the intended purpose of obtaining the information;
2. the request is reviewed by the Chief Information Officer or their designee; and
3. the approved request is retained on file.

The Chief Information Officer or their designee is responsible for ensuring all locations are operating the ALPR system pursuant to applicable law. License plate information collected using the ALPR system remains centrally stored and maintained by CBX in encrypted format for only as long as it has commercial value.

ALPR system audits shall be conducted on a regular basis.