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Privacy, Antitrust & Copyright

Intermodal Association of North America

Privacy Policy

IANA is dedicated to protecting your privacy and the confidentiality of certain types of information you may provide. In addition to administering the Uniform Intermodal Interchange and Facilities Access Agreement (UIIA), Intermodal Driver Database (IDD), Driver Lookup Service (DLS), Intermodal Tractor Registry (ITR), Global Intermodal Equipment Registry (GIER) and Driver Vehicle Inspection Report (DVIR) Services, IANA offers various publications and information to members, program participants, and/or the public regarding the intermodal industry. The information provided by you is in response to IANA's responsibilities under the UIIA, IDD, DLS, ITR, GIER and DVIR programs or shared by IANA with its members or the public in furtherance of the goals, development and growth of the intermodal industry.

Except with regard to the information required under the UIIA, IDD, DLS, ITR, GIER and DVIR programs from participants, you may decide either not to provide the requested information or to direct that it not be shared as identified in this Notice. However, should you decide not to supply the requested information or opt out of its intended use by IANA, you may lose a valuable opportunity to have accessible information of critical importance to your company in the conduct of its intermodal business.

IANA's Privacy Notice informs you of the kinds of information and data collected about your company and/or its drivers, with whom that information or data is shared, and how it is responsibly protected. Examples are provided in this Notice of the types of information or data collected, the purposes for which it is collected, and the security measures taken by IANA to prevent the disclosure of that information or data to unauthorized third persons. Other than the information required because of your membership in IANA, participation in the UIIA, IDD, DLS, ITR, GIER and/or DVIR programs, if you prefer not to share other requested information or data obtained from you with others, you may direct IANA not to do so by advising JIm Morrow, IANA's assistant vice president of Member Services, at or by calling 301-982-3400 ext. 314. Your request not to share your information or data will be processed within seven business days, and will remain in effect until such time as you direct IANA otherwise. Should you have any questions regarding this Privacy Notice please contact Jim Morrow as indicated above.

IANA collects the following categories of information about its members and/or participants in the UIIA, IDD, DLS, ITR, GIER and DVIR programs:

  1. Annual Census data and Member Update information including contact information and annual intermodal revenues;
  2. Motor carrier insurance information required under the UIIA and individual motor carrier company information comprising the IANA Motor Carrier Database, Intermodal Driver Database (IDD), Driver Lookup Service (DLS), Intermodal Tractor Registry (ITR) and Driver Vehicle Inspection Reporting (DVIR) Services;
  3. Data and statistics from Intermodal Marketing Companies and Railroads concerning shipment volumes, shipment revenues, traffic lanes and equipment types, that is aggregated and published by IANA in its quarterly "Intermodal Market Trends and Statistics"; and
  4. Information from Railroads regarding the locations of their intermodal facilities and contacts for publication in IANA's "North American Rail Intermodal Terminal Directory" available on IANA's website.
  5. Publicly available information relating to Intermodal Equipment (IME) collected and maintained in the Global Intermodal Equipment Registry (GIER) for the purpose of identifying the responsible Intermodal Equipment Provider (IEP) for specific pieces of intermodal equipment. The chassis information is also utilized for completion of the Driver Vehicle Inspection Report (DVIR).

Information collected from members about their annual intermodal revenues is gathered only for the purposes of assessing Association membership dues, is maintained internally, and is not disclosed to any affiliated or nonaffiliated parties.

Contact information gathered on individual companies through the Annual Census and Member Updates is published in IANA's Membership Handbook and through the Members Only section of the Association’s website, and is made available only to IANA members.

All proceedings of the Intermodal Interchange Executive Committee are considered privileged and confidential. This would include but not be limited to: All documents and correspondence, written or electronic, relating to the administration of the Uniform Intermodal Interchange and Facilities Access Agreement (UIIA); the identity of modal representatives that have either served in the past or are currently serving on the IIEC; and specific discussions of the Committee in the course of administering the UIIA.

Information obtained about motor carrier insurance coverages, as required under the UIIA, is provided to Equipment Provider participants in the UIIA including their designated terminals, container yards, and/or depots.

Intermodal driver information collected from UIIA Motor Carrier (MC) participants and is compiled in IANA's IDD and is available to IDD program subscribers only. Specific driver identification information is also available to DLS, ITR and DVIR subscribers. Basic contact information on UIIA MC participants is available through the Intermodal Trucker Database and is available to the public on a purchased basis.

Information obtained regarding railroad intermodal terminal facilities is published on IANA's website and is available to the public

Information collected from Intermodal Marketing Companies and Railroads about shipment volumes and revenues, and traffic lanes and equipment types are not disclosed to the public except in aggregated form on a subscription or purchased basis as published in IANA’s "Intermodal Market Trends and Statistics."

As identified above, certain information is made available to the public upon request or through IANA's website. However, information that is required to be disclosed under the UIIA is available only to participants and must be accessed by a password or through an electronic data interchange. The IDD is accessible only to program subscribers.

Information collected from members on annual intermodal revenues is made available to IANA's employees solely for membership billing purposes. IANA employees also have access to information supplied about traffic volumes, shipment revenues, traffic lanes and equipment types to prepare aggregated data for publication in Intermodal Market Trends and Statistics. IANA maintains internal policies against unauthorized disclosure or use of any individual member information by its employees. Further, IANA's employees are bound by those policies to access member and participant information only for legitimate business purposes and to keep information about your company confidential.

IANA respects the proprietary and/or confidential nature of the various categories of information and data provided to it, and makes every effort to ensure against unauthorized access or use of that information and data. Those safeguards continue even should a member or participant terminate its relationship with IANA.

Intermodal Association of North America

Antitrust Guidelines

To ensure that the antitrust laws are not violated and that there is no appearance that anticompetitive activity is taking place, every participant in IANA meetings and activities must adhere to the following guidelines.

  1. Keep in mind the trade association purposes of IANA, and participate only in discussions that further those purposes.

Free and open discussion on matters of concern to the intermodal industry is essential to the success of IANA's activities. Discussions among IANA members should, however, be limited to matters which appropriately advance IANA's purposes.

  1. All meetings must be operated on the basis of a pre-circulated agenda.

An agenda sets the meeting tone and provides topical guidance that enables participants to know whether they are acting in accordance with the purposes of IANA. Any questions concerning the agenda should be raised with IANA counsel or your company's counsel before the meeting if possible. At the meeting discussion of matters not on the agenda should generally be avoided.

  1. Avoid any discussion of matters pertaining to the way your company competes, including discussions of any member or nonmember company's prices, services, customers, costs, or non-public future plans.

Discussions with competitors concerning commercial or competitive matters always carry a significant antitrust risk. Even if those discussions are not unlawful in themselves, they may be used later to suggest that IANA or its members had an implicit or or tacit agreement that would violate the law.

There should be no discussions at IANA meetings of any matters involving:

  • Prices, or other commercial terms and conditions, with respect to any product or service;
  • service levels or quotas;
  • specific customers, competitors or markets, including any customers or areas as to which sales should or should not be made;
  • information concerning any individual company's costs, profits, inventory, pricing formulas, market share, or other commercial information of a nonpublic nature.

If you become aware of any such discussions, you should stop the discussion until the matter can be reviewed with counsel. If the conversation continues, excuse yourself. Report any such conversations to IANA's or your company's counsel.

  1. Do not engage in any "off the record" discussions or "rump sessions" concerning sensitive matters pertaining to the way in which your company competes or otherwise does business.

Substantive discussions should be limited to formal meetings at which counsel or a member or staff representative attuned to antitrust issues is present. Informal discussions of the type that could take place outside a formal meeting often raise the most serious antitrust problems. No substantive discussion should take place in small groups or "rump sessions" outside a formally constituted IANA meeting.

  1. Official minutes of IANA meetings must be accurate and complete.

As the official record of IANA proceedings, minutes of IANA meetings are potentially of great legal significance. They should accurately and briefly summarize the discussion, describe any actions taken and give the reasons for those actions. The Chairman of each committee should take responsibility for assuring that minutes of meetings are clear, concise, accurate and complete. Any questions about the minutes should be raised with antitrust counsel before they are circulated to the members.

  1. Do not disparage other companies or their products and services.

Members should not take actions which could be construed as expressing an agreement to exclude or discriminate against any company, whether or not it is an IANA member.

  1. If you are in doubt about any activity in connection with an IANA meeting, consult IANA's or your company's counsel.

No guide can fully delimit the scope of permissible and impermissible activities under the antitrust laws. Counsel should be consulted whenever a matter appears to raise antitrust concerns.

Standard-Setting Activities

IANA administers several uniform agreements governing certain intermodal services. In addition, in the course of its activities, IANA will be considering technical and operational standards, and the development of electronic data interchange that will improve the efficiency, safety and competitiveness of intermodal participants. Such standard-setting activity is permitted by the antitrust laws, which recognize that developing standards is an important and legitimate function of trade associations. By eliminating unnecessary incompatibility of products and services, or improving the safety and efficiency of equipment, standards can benefit both the providers and the users of those products and services.

Standards must, however, be developed and implemented carefully to assure their compliance with the antitrust laws. In particular, standards should:

  1. be advantageous to those who adopt them and their customers. Standards should not be adopted unless they will improve safety,
  2. be voluntary. There should never be any agreement or pressure to influence individual companies to adhere to uniform standards; rather, each company should be free to decide on its own whether to adopt or reject the standard;
  3. be set in a process which is fair, open, and representative;
  4. not arbitrarily exclude competitors or reduce output in a market; and
  5. focus on technical and operational factors, and avoid unnecessarily addressing commercial factors. If companies compete on the basis of a difference that will be eliminated by a standard, the standard should be reviewed closely by antitrust counsel before it is adopted.
Exemptions from the Antitrust Laws

There are immunities from and exemptions to the antitrust laws which may apply in some circumstances to activities of IANA and its members. The antitrust laws do not, for example, prohibit:

  • good faith efforts to seek action from any branch of the government;
  • activities which are specifically exempted from the antitrust laws by statute; for example, activities under agreements approved by the Federal Maritime Commission and immunized from antitrust liability by the Shipping Act of 1984;
  • intrastate activities undertaken pursuant to a clearly articulated state policy to replace competition with regulation, and which are actively supervised by the state.

Antitrust exemptions can be narrowly construed, and their application to specific conduct generally raises significant questions of law and fact. Therefore, if activity is of the type to raise antitrust concerns, it should never be simply assumed that an exemption applies. Rather, the issue should be raised with counsel.

Intermodal Association of North America

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