Privacy Notice for Residents of California, Colorado, Connecticut, Montana, Oregon, Texas, Utah and Virginia

Effective Date: January 01, 2023

Updated: July 1, 2024

This Notice, which is incorporated into our privacy policy provides additional information for residents of California, Virginia, Colorado, Connecticut and Utah and their rights under the California Consumer Privacy Act as amended by the California Privacy Rights Act effective 1-1-23 (“CCPA”), the Virginia Consumer Data Protection Act effective 1-1-23. the Colorado Privacy Act effective 7-1-23, the Connecticut Personal Data Privacy Act effective 7-1-23 23, the Montana Consumer Data Privacy Act effective 10-1-24, the Oregon Consumer Privacy Act effective 7-1-24, the Texas Data Privacy and Security Act effective 7-1-24, and the Utah Consumer Privacy Act effective 12-31-23 (collectively, the “Privacy Laws”). If you are a Consumer residing in California, Colorado, Connecticut, Utah or Virginia, the following provisions may apply to our processing of information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”) subject to the Privacy Laws.

Colorado, Connecticut, Utah and Virginia define a ‘Consumer’ as a resident of the state who is acting in an individual or household capacity, but this excludes state residents who are acting in an employment capacity (as one of our current, former or prospective employees) or in a commercial capacity (as an employee, owner, director, officer, etc. of an entity communicating with us in that context). As a result, if you reside in one of these states and have interacted with us in an employment or commercial capacity you are not provided the rights described below by the Privacy Laws.

California defines a ‘Consumer’ as any resident of the state regardless of the capacity in which they interact with us. Our California Employees (current, former and applicants) can learn about our information collection and disclosure practices and how to exercise their CCPA rights by contacting the Director of Human Resources.

In the event of a conflict between this Privacy Notice and any of our other privacy policies, this Privacy Notice shall control only with respect to Consumers and their Personal Information. We reserve the right to amend this Notice at our discretion at any time. When we make changes to this Notice, we will post the updated notice on our website and update the Notice’s effective date.

Information collected and sources

NTA America collects Personal Information from you when you interact with us through in person communications, phone calls, emails and our websites www.ntaamerica.com, www.ja.ntaamerica.com and www.myjrpass.com (“Site”) or offline.  This includes information that you provide to us directly, information we collect from you automatically, information that we collect when you interact with us such as through your online postings, and information that we may collect from third parties such as service providers, affiliated companies, marketing or data partners, or other third parties with whom you interact. It also includes information that we collect about employees and business partners and vendors from those individuals directly or from references, referrals or consumer reporting agencies.  Not all information is collected from everyone who interacts with us.

During the past 12 months we may have collected the following categories of Personal Information:

• Identifiers such as contact information (your name, address, phone number, email or postal address), Unique Personal Identifiers (that may include but are not limited to your legal name or preferred alias and online identifiers like user account names), an encrypted version of your password, communications, date of birth, and mileage or loyalty program information.
• Professional, educational or employment-related information. In addition to Identifiers, we may collect additional information from suppliers, vendors, or employees including business contact information, phone number, email and postal addresses and titles, resume information and professional credentials.
• Protected information such as financial and payment information like your credit or debit card information, or PayPal account email address. We may also collect your passport, visa, and health information.
• Commercial information such as your transaction histories, billing and shipping information, and product preferences.
• Electronic network activity information such as the internet protocol (IP) address collected from your computers and mobile devices, and information about what you do online, including your interactions with our Site, through the use of cookies and similar technologies, system logs, and analytics monitoring.
• Inferences we make about you or your interests based on analysis of other information we have collected.
• Geolocation information.
• Audio or video information such as call center recordings or monitoring records from our customer support centers and security video recordings at our facilities.
• Protected anti-discrimination classification information such as race, ethnicity, citizenship, gender, and medical or disability information or other categories of information that are protected for anti-discrimination purposes.
• Sensitive Personal Information such as social security, driver’s license, state ID card or passport number, account log-in, financial account number together with any security cod that allows access to an account, precise geolocation, racial or ethnic origin, religious or philosophical beliefs, or union membership, genetic data, biometric information, health, sex life or sexual orientation.
• Other types of personal information that we may disclose to you prior to the point of first collection.

Business Purposes for Collecting Personal Information

NTA America collects Personal Information in order to operate and grow our business, improve our Site, and to offer our or third-party products or services that we think you may find of interest. More specifically, we collect personal information for the following business purposes:

• Provide the Services and information you have requested from us and notices about the Services including providing customer and technical support for the Services and collecting fees or other amounts owed in connection with the Services.
• Verify that you qualify as a registered user of the Services.
• Provide information to you about our products or services and third-party products and services that we think may be of interest to you.
• Provide you with marketing communication and information.
• Analyze, improve, and customize the Services including measuring the effectiveness of advertising and internal research on users’ interests and behaviors to better serve our users.
• Administer the website, web platform and Services and for internal operations, including troubleshooting, data analysis, testing, research, security, statistical and survey purposes.
• For legal and compliance reasons, such as the prevention, detection, or investigation of a crime; loss prevention; or fraud.
• Internal and external audit requirements, information-security purposes, and as we otherwise believe to be necessary or appropriate: (a) under applicable law, which may include laws outside your country of residence; (b) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your country of residence; (c) to enforce our terms and conditions or other agreements; and (d) to protect our rights, privacy, safety, or property, or those of other persons.
• Employee administration, vendor oversight and legal compliance.

Disclosing Personal Information

Information disclosed for a business purpose

During the past 12 months we have disclosed the following categories of Personal Information to the following types of third parties for a business purpose.

• Our affiliated companies: We may have shared your information such as identifiers, commercial information, and inferences within our company and our affiliated companies for the purposes of decision making, reporting, management, analysis, administering programs, promoting service offerings and other business purposes.
• Service providers: We may have shared your information such as identifiers, commercial information and financial information with our service providers who provide us support services such as hosting our Site, processing payments, legal and accounting professional services, postal delivery and electronic mail, mobile messages, product delivery, conducting analysis to improve our products and Site, fulfilling requests you make, managing payments and answering your questions. Service providers only use the information they receive from us for the purposes we hired them for; we don’t allow them to retain, use or otherwise handle the data for their own purposes.
• Marketing Partners: We may have shared your information such as electronic network activity, identifiers, commercial information and inferences with marketing partners to display online, mobile or other advertising based on your activity on websites and mobile apps, and preferences you share with us so we can provide you with promotions and special offers that may interest you. We may also share information with marketing partners to help us analyze data, sometimes combined with other sources, so that we can send more relevant communications to you.
• With Third Parties, including governmental authorities and law enforcement, for legal or compliance purposes: We may share any or all categories of your information where we believe the disclosure is required by law or otherwise necessary to comply with the law, regulatory requirements, requests from public authorities, or to enforce our agreements or policies or protect or defend the rights and property of our customers, the company, our partners or the public (including for fraud prevention purposes). Third Party Travel Partners: We may have disclosed any or all categories of your information in order to provide our Services to the following business entities such as: travel partners, such as airlines, rail companies, tour operators, hotel accommodation, restaurants, transportation companies, and payment processors, providers, shipping partners, marketing partners, ecommerce website partners. The purposes of use are: travel, meal arrangements, event arrangements, insurance arrangements and to respond to requirements.

Selling Personal Information

We do not sell your information for monetary or any other valuable consideration.

Sharing Personal Information for Cross Context Behavioral or Targeted Marketing Purposes

Sharing your personal information means making it available to a third party so that they can use it to display targeted or cross-context behavioral advertisement to you. Cross-context behavioral or targeted advertising means that we display an advertisement to you that is selected based on personal information about you that we obtained or inferred over time from your activities across other companies’ websites, applications or online services that we use to predict your preferences or interests. Targeted advertising does not include using your interactions with us or information that you provide to us to select advertisements to show you. In the preceding twelve (12) months, We have shared the following categories of personal information of non-minors for behavioral or cross context or targeted advertising: Identifiers, Commercial information, Internet or other electronic network activity information, Geolocation data.

Processing and disclosing Sensitive Personal Information

We collect and process Sensitive Personal Information for the purposes disclosed at the time we collect this information. We do not process or disclose this information for purposes other than the purpose for which it was originally collected or as otherwise permitted by Privacy Laws. We use and process Sensitive Personal Information to comply with our legal obligations such as complying with anti-discrimination laws and disability accommodation laws anti-discrimination laws and disability accommodation laws providing disability accommodations and complying with applicable laws.

Consumers’ Rights and Choices

The Privacy Laws provide Consumers in California, Colorado, Connecticut, Montana, Oregon, Texas, Utah and Virginia with specific rights regarding their personal information.

This section describes Consumers’ rights under the Privacy Laws, explains how to exercise those rights, and provides information about the response timing and format and your rights to appeal our decisions.

Information Access and Data Portability Rights

Consumers have the right to request that we disclose certain information about our information collection and disclosure practices. Consumers also have the right to request a copy of the specific pieces of personal information we collected about you. You may make Information Access Requests up to twice during a 12 month period. Once we receive and confirm your verifiable request, we will disclose to you:

• Our personal information collection practices during the prior 12 months, including the categories of personal information we collect, the categories of sources of such information, our business purpose for collecting or disclosing such information, and the categories of third parties with whom we share such information.
• Confirm we have collected information about you and provide a copy of the specific personal information we have collected about you during the prior 12 months, or, at your option, since January 1, 2022. Please note that this disclosure will not include data generated to help ensure security and integrity or as prescribed by regulation. We will endeavor to provide the information in a format that is readily useable, including by mailing you a paper copy or providing an electronic copy to your registered account, if you have registered an account with us.
• Our information disclosure practices during the prior 12 months, including a list of the categories of personal information sold or shared with the category of third-party recipients and a list of the categories of personal information that we disclosed for a business purpose.

Information Deletion Rights

• Consumers have the right to request that we delete any of their personal information that we collected from them and retained, subject to certain exceptions. Once we receive and confirm your verifiable request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. You may make deletion requests at any time.

Information Correction Rights

• Consumers have the right to request that we correct information that we hold which is inaccurate. We will require that you provide information about yourself so that we can verify your identity before we can make any change in the information we hold about you and we will use commercially reasonable efforts to make the requested corrections. In some cases, for instance if you have an account with us, you can update your information by logging into your account. You can make information correction requests at any time.

Opt-Out Rights

• Do Not Sell My Personal Information. If you are 16 years of age or older, you have the right, at any time, to direct us to not sell your personal information. We do not sell Personal Information, including the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
• Do Not Share My Personal Information. You have the right to opt out of having your personal information shared with others for cross-context behavioral advertising purposes and having their information used for targeted advertisements. When Consumers opt out we will not share their personal information with others that they can use to send the Consumer targeted advertisements and we will not use information we obtain over time from Consumers’ activities with third party companies to show advertisements. We can still use information that we receive from your interactions with us to select advertisements we think may be of interest to you.
• Do Not Profile. You have the right to tell us not to use any form of solely automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable individual’s economic situation, health, personal preferences, interests, reliability, behavior, location, or movements in order for us to make decisions resulting in the provision or denial of credit, housing or insurance services. We do not engage in profiling.
• Limit Processing of Sensitive Personal Information. Consumers have the right to tell us not to process or disclose Sensitive Personal Information for any purpose other than the purposes disclosed at or before the time we originally collected it or as permitted by the Privacy Laws.

We only process Sensitive Personal Information for the purpose for which we originally collected it or as permitted by Privacy Laws.

Making a Consumer Privacy Request and Our Responses

We are required by the Privacy Laws to verify requests from Consumers. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable Consumer request to verify the requestor’s identity or authority to make the request.

Access, Correction and Deletion. In order to make a request for access, correction or deletion California residents may contact us either by calling (800) 817-7157 or emailing us at privacy@ntaamerica.com. We will ask you for information that allows us to reasonably verify your identity (that you are the person about whom we collected personal information) and will use that information only for that purpose. We may request that you submit a signed statement under penalty of perjury that you are the individual you claim to be. We will acknowledge receipt of your request within 10 days and will endeavor to respond within forty-five days of receipt of your request, but if we require more time (up to an additional forty-five days) we will notify you of our need for additional time.

For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance (e.g. Microsoft Excel file and/or Adobe PDF file).

For requests for deletion of your information please understand that the Privacy Laws permit us to retain certain information and not to delete it under certain circumstances. By way of example, we are not required to comply with a request to delete information if the information is necessary for us to complete a transaction for you or otherwise perform a contract; to detect, protect against, or prosecute security incidents, fraud or illegal activity; to use the information only internally in ways reasonably aligned with your expectations as our customer (such as maintaining sales records), and to comply with legal obligations. If we receive such a request from you, we will notify any service providers we have engaged to delete your information as well.

Opt-Out Rights. To opt out of the sharing of your personal information, you may submit a request to us by clicking the following appropriate link: “Do Not Share My Personal Information”. You may also call us toll free at (800) 817-7157. Since we do not sell your personal information and do not process or disclose your Sensitive Personal Information or engage in profiling there is no need to opt out.

You may also opt out by activating a user-enabled global privacy control, such as a browser plug-in or privacy setting, device setting, or other mechanism, that communicates or signals your choice to opt-out of the sale and sharing of personal information. When we receive such a signal we will stop setting third party advertising partner cookies on your browser. This will prevent the sharing of information relating to that specific device through cookies to our advertising or analytics partners. This option does not stop all sharing of your information because we cannot match your device’s identification or internet protocol address with your personally identifiable information like your name, phone number, email address or ZIP Code. If you delete cookies on your browser, any prior do not share signal is also deleted and you should make sure that your user-enabled setting is always activated.

We will comply with your request promptly, and at least within 15 business days. Once we receive your request we will wait at least 12 months before asking you to reauthorize personal information sharing.

We do not charge a fee to process or respond to your verifiable Consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Using an Authorized Agent. You may submit a request through someone holding a formal Power of Attorney. Otherwise, California Consumers may submit a request using an authorized agent only if (1) the person is registered with the Secretary of State to do business in California, (2) you provide the authorized agent with signed written permission to make a request, (3) you verify directly with us that you have authorize the person to make the request on your behalf, (4) you verify your own identity directly with us and (5) your agent provides us with proof that they are so authorized. We will require the agent to submit proof to us that they have been authorized to make requests on your behalf. Texas consumers can use an authorized agent only after January 1, 2025.

Non-discrimination

We will not discriminate against you as a result of your exercise of any of these rights.

Data Retention

We will store personal information in a form which permits us to identify consumers, for as long as necessary for the purpose for which the personal information is processed. We may retain and use such personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights, or if it is not technically reasonably feasible to remove it. We retain information consumers provide in connection with requests made under the Privacy Laws for a period of two years.

Appealing denied requests

If we have denied your Consumer request you have the ability to file an appeal with us. To file an appeal with us, please contact us either by calling (800) 817-7157 or emailing us at privacy@ntaamerica.com. We will respond to you in writing within 45 days explaining the reasons for our decisions. If we deny your appeal you can contact your state Attorney General at:

Colorado residents:
Office of the Attorney General, Colorado Department of Law, Ralph L. Carr Judicial Building,1300 Broadway, 10th Floor, Denver, CO 80203, (720) 508-6000

Connecticut residents:
Office of the Attorney General, 165 Capitol Avenue, Hartford, CT 06106, (860) 808-5318

Montana residents:
Office of the Attorney General, 215 N Sanders St., Helena, MT 59601

Oregon Residents:
Oregon Department of Justice, Office of the Attorney General, 1162 Court St. NE, Salem, OR 97301-4096 AttorneyGeneral@doj.oregon.gov

Texas residents:
Office of the Attorney General, PO Box 12548, Austin, TX 78711-2548, 512-463-2100

Virginia residents:
Office of the Attorney General, 202 North Ninth Street, Richmond, Virginia 23219, (804)786-2071

Utah residents:
Utah State Capitol Office of the Attorney General, PO Box 142320, Salt Lake City, UT 84114-2320, (801) 366-0260

California residents: (not available)

Changes to This Notice

We reserve the right to amend this Notice at our discretion at any time. When we make changes to this Notice, we will post the updated notice on our website and update the Notice’s effective date.

Contacting Us

If you have questions or concerns about your privacy rights under the Privacy Laws please contact us by calling (800) 817-7157 or emailing us at privacy@ntaamerica.com or by postal mail at Nippon Travel Agency America, Inc., 1411 West 190th Street, Suite 650, Gardena, CA 90248.