TransJamaican Highway Limited (TJH), a publicly traded corporation, along with its subsidiary Jamaican Infrastructure Operator Limited (JIO), collectively referred to as ” TransJam Group” is primarily engaged in the development, operation, and maintenance of a tolled road network in Jamaica, known as the “Highway 2000 East-West

TransJam Group is committed to safeguarding the privacy and security of your personal information and to being in strict compliance with the requirements of the Data Protection Act, 2020. This Privacy Notice explains how we collect, use, disclose, and protect your information when you interact with us or utilize our toll road network services. By accessing our services, you consent to the practices described herein.

1. Information We Collect:

We collect information from you based on how you interact with us and our services. The information collected will be used for the sole purpose for which it was provided and may include:

• Personal Information: This includes your name, contact details (such as address, email address, mailing address, and telephone number), vehicle registration information, and payment details.
• Transaction Information: Details of your toll transactions, including time, location, and amount paid, and any communications with our customer service team.
• Device Information: Information about the devices you use to access our services, such as IP address, device type, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Mobile App or Webportal).
• Usage Information: Data about how you interact with our services, including information about how you use our Mobile App or Webportal, products and services.
• Financial Data (including banking information and payment details).
• Marketing and Communications Data (including your preferences in receiving marketing from us and our third parties and your communication preferences).

The personal data we hold about you must be accurate and current. Please keep us informed if your personal data changes during your relationship with us. Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter with you (for example, to provide you with products or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

2. How Your Personal Data Is Collected

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email, through our Platforms or otherwise. This includes personal data you provide when you:
  • apply for and use our products or services;
  • create an account on our Platforms;
  • subscribe to our services or publications;
  • request marketing to be sent to you;
  • enter a competition, promotion, or survey; or
  • give us feedback or contact us.
• Automated technologies or interactions. As you interact with our Platforms, we may automatically collect Technical and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. A cookie is a small file of letters and numbers that we store on your browser or the hard drive or other storage medium of your computer or device if you agree. Cookies contain information that is transferred to the hard drive or other storage medium of your computer or device. We use the following cookies:
  • Strictly necessary cookies. These are cookies that are required for the operation of our Platforms.
  • Analytical or performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our Platforms when they are using them.
  • Functionality cookies. These are used to recognise you when you return to our Platforms. This enables us to personalise our content for you, greet you by name and remember your preferences.
  • Targeting cookies. These cookies record your visit to our Platforms, the pages you have visited and the links you have followed. We will use this information to make our Platforms and the advertising displayed on them more relevant to your interests.

You may be able to refuse all or some cookies or opt to be alerted when cookies are set or accessed. If you disable or refuse cookies, please note that some parts of our Platforms may become inaccessible or not function properly.

• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources, including government agencies, consumer and credit reporting agencies and suppliers of public information.

3. How We Use Your Information:

We utilize your information for the following purposes:

• Service Provision: To operate and maintain our toll road network, process transactions, and provide customer support.
• Improvement of Services: To analyse usage patterns, enhance the functionality of our services, and develop new features.
• Communications: To communicate with you about your account, transactions, service updates, and promotional offers.
• Legal Compliance: To comply with legal obligations, resolve disputes, and enforce our agreements.

4. Legal bases for processing Your Personal Data:

The lawful bases we rely on for processing this information are:

• Your consent. You can withdraw your consent at any time. You can do this by contacting our Chief Privacy Officer whose contact details are listed herein.
• We have a contractual obligation.
• We have a legal obligation.
• We have a vital interest.
• We need it to perform a public task.
• We have a legitimate interest.

5. How We Share Your Information:

We may share your information with third parties in the following circumstances:

• Service Providers: We may engage trusted service providers to assist us in delivering our services, including payment processors, IT service providers, and customer support teams.
• Legal Compliance: We may disclose your information in response to legal requests or to comply with applicable laws and regulations.
• Business Transfers: In the event of a merger, acquisition, or sale of assets, your information may be transferred as part of the transaction.

We require all third parties to respect the security of your personal data and to treat it in accordance with applicable law. Some of our third-party service providers may be based outside of Jamaica. If your personal data is transferred outside of Jamaica, it will only be transferred to states or territories that ensure an adequate level of protection for the rights and freedoms of data subjects concerning the processing of personal data.

6. Data Security

The security of your personal information is important to us, we are committed to securing your data and keeping it confidential. We will use our best efforts and employ appropriate security measures to protect your information from loss, misuse, unauthorized access, alteration, disclosure, or destruction by implementing the latest technologies and software, which help to secure and safeguard all the information we collect.

Our employees receive training and are bound by a Code of Ethics requiring that all information be kept in strict confidence. Access to personal information is restricted to only those employees, agents, contractors and other third parties who are required to undertake activities relevant to their jobs. We maintain physical, electronic, and procedural safeguards, which comply with local laws and international best practices.

7. How we respond to security breaches

In the case of a security breach involving Personal Data, TransJam Group is committed to taking swift and appropriate action. This includes notifying the Information Commissioner within seventy-two (72) hours of becoming aware of the security breach.

TransJam Group will assess whether your Personal Data has been compromised by the breach. If there is a potential impact on your privacy, we will contact you to notify you of the breach, explain the potential impacts on your privacy, and outline the steps we are taking to rectify the issue.

8. Your Privacy Rights and Choices

As individuals whose personal information is held by TransJam Group, you have the following rights under the Data Protection Act, of 2020:

• The right of access – You have the right to ask us for copies of your personal information. Subject to certain exceptions, you have the right to obtain a confirmation as to whether, and to what extent, we process your personal data, and if we do, request access to your data.
• The right to rectification – If the personal data that we process is incomplete or incorrect, you have the right to request their completion or correction at any time.
• The right to restriction of processing – You have the right to ask us to restrict the processing of your personal information in certain circumstances.
• The right to object to processing – You have the right to object to the processing of your personal information in certain circumstances.
• Your right to data portability – You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
• The right to consent to processing – you have the right to consent to the processing of your personal data. If your personal data is processed based on your consent, you have the right to withdraw your consent at any time. The withdrawal of your consent does not affect the lawfulness of processing based on consent before its withdrawal.
• The rights to restrict automated decision-taking – You have the right to ask that no decision taken by or on behalf of TransJam Group which significantly affects you is based solely on the automatic processing of your Personal Data.

Your ability to exercise these rights will depend on several factors, and in some instances, we may not be able to facilitate your requests (for example, if we have a legal restriction for not doing so).

9. How to exercise your rights

You may exercise any of the rights available to you by contacting us using the information found in the “How to Contact Us” section of this Notice. We will examine your request and respond to you as quickly as possible and in accordance with the relevant law.

Your request must specify which right(s) you wish to exercise and include your name and contact information (including your telephone number, email address and/or postal address) so that we may contact you to confirm your identity and respond to your request.

10. Marketing

We may use your identity, contact, technical, usage and profile data to form a view on what products or services we believe you may want or need, or what may be of interest to you. This is how we decide which of our products, services and offers may be relevant for you for marketing purposes. You may receive marketing communications from us if you have an account with us, have purchased products or services from us or have otherwise consented to such communications, and you have not opted out of receiving those communications.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.

11. Third-Party Links

Our Platforms may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites, plug-ins or applications and are not responsible for their privacy statements. When you leave our Platforms, we encourage you to read the privacy notice of every website, plug-in, or application you visit or install.

12. How we respond to your requests

Upon receiving a request from you about your data protection rights, we will contact you to confirm your identity. If we are unable to confirm your identity, your request will be denied.

Once your identity is confirmed, we will evaluate your request and determine appropriate actions. We will respond to you in writing using the communication medium you indicated, within the timeframes outlined below, following receipt of your written request and any required payment.

• twenty-one (21) days for requests to prevent the processing of your Personal Data; or
• thirty (30) days for any other request related to the protection of your Personal Data.

If we deny your request for any reason, we will respond to you to explain our reason for denying your request and what options you have should you wish to appeal the decision.

13. Retention of your Personal Data

TransJam Group will retain your personal data for the duration of your customer relationship with us and a period after account closure or refusal of service application. This retention period is determined based on the nature of the personal data and its intended purpose, which includes meeting legal, regulatory, tax, accounting, or reporting obligations. When we destroy the information, we will use safeguards to prevent unauthorized parties from gaining access to the information during the process.

Our data retention period often corresponds to the time frame during which legal claims can be pursued, typically extending up to six or seven years following the closure of your account or a relevant transaction, such as a payment. However, if there is an ongoing claim, complaint, or reasonable anticipation of litigation concerning our relationship with you, we may retain your personal data for a longer duration.

14. Changes to this Privacy Notice:

We may revise this Privacy Notice periodically to reflect changes in our practices or legal requirements. We will notify you of any significant changes by posting the updated Privacy Notice on our website or through other appropriate means. You are encouraged to regularly review this Notice to ensure that you understand how we collect and use your personal information and to see any changes that may have occurred.

This Privacy Notice was last updated on March 8, 2024.

15. How To Contact Us:

If you have any questions or comments regarding the Privacy Notice or the personal data collection and processing practices of TransJam Group, please contact us at:

Chief Privacy Officer

TransJamaican Highway Limited
2 Goodwood Terrace, Kingston 10, Jamaica

Telephone: (876) 925-6222
E-mail address: chiefprivacyofficer@h2k-tjh.com

16. How To Complain

If you have any concerns about the use of your personal information, you can contact us by visiting any of our locations where our staff will assist you in lodging a formal complaint, or you can send your complaint using the information in the “How to Contact Us” section of this notice.

If you are not satisfied with the way that we have handled your complaint, you have the right to raise the matter with the Office of The Information Commissioner using the information below.

Office of The Information Commissioner – Jamaica

The Masonic Building (2^nd Floor),
45-47 Barbados Avenue
Kingston 5, Jamaica

Telephone (876) 920-4390

Email address: info@oic.gov.jm