Privacy Policy

Last Modified: February 19, 2018

This Privacy Statement explains what types of information the National Produce Exchange, Inc. and its wholly-owned subsidiaries (“NPX”, “we,” or “us”), the National Carrier Exchange and its wholly-owned subsidiaries (“NCX”, “we,” or “us”), or our service providers may collect from or about visitors to, or users of, our websites or applications (“you”), and describes our practices for collecting, using, retaining, protecting, disclosing, and transferring such information.

Upon use of our Services you accept the terms and restrictions in this Policy. If you do not agree to this Policy do not use our Services. The term "Services" refers to all NCX/NPX applications regardless of platform or location, and all of their features including but not limited to email.

This Policy applies only to our Services and not to websites or other software belonging to third-parties even though such may be accessible from our Services. Consult such third party providers for policies related to the collection and use of your data.

NPX/NCX or our service providers may collect personal information and other information from or about you when you:

• register with our systems
• list loads
• search for loads
• place bids
• download software
• track in-progress shipments
• update the active status of a load
• enter a contest
• respond to promotional campaigns
• register to a secure extranet site to obtain access to product information, support, services, or training
• and otherwise when you use our Services when personal or other such information is required for use

For purposes of this Privacy Statement, “personal information” means information that can be used to personally identify you, such as your name, address, telephone number, e-mail address, user IDs and passwords, billing and transaction information, credit card or other financial information, contact preferences, and similar information.

We also may collect information that is related to you but that does not personally identify you, such as your computer’s operating system, browser, and information regarding your use of and activities on our websites or applications. See also the discussion below on cookies and other electronic tools used for the collection of such information.

NPX/NCX may use information that we collect from or about you, including any personal information:

• to welcome you
• to help you complete a transaction or in order to deliver products or services requested by you
• to bill you for products or services you purchased
• to provide ongoing service and support, including event-related communications
• to carry out our obligations or enforce our rights arising from any contracts entered into between you and us
• to notify you about changes to our websites or applications, or any products or services we offer or provide through them
• to improve our websites, applications, services, and products, including by developing data analytics and reports about your and others’ use of them
• to contact you to complete surveys that we use for marketing or quality assurance purposes
• to display tailored online advertisements that may interest you
• to e-mail or otherwise send you marketing or other promotional information about NPX/NCX or others’ products or services that may interest you
• to fulfill any other purpose for which you provide the information
• in any other way we may describe when you provide the information
• to combat fraud or any other criminal activity
• as otherwise required or permitted by law for any other purpose with your consent

Personal information submitted by individuals acting solely in a business capacity (e.g., sales agents, job applicants) is not subject to this Privacy Policy.

To assist us with the uses described in this Privacy Statement, information we or our service providers have collected from or about you through NPX/NCX websites, applications, or our e-mail communications with you, including about your use of such sites and applications, may be combined with or enhanced by other information from or about you that we have obtained from other online or offline sources, including from our service providers or business partners.

Some of NPX/NCX's websites or applications may provide online newsgroups, chat forums, and blogs for our users. Any information that you disclose in these forums becomes public information, which could be read, collected, copied, modified, or otherwise used by other users of these forums, operators of these forums (including third parties), search engines such as Google, and others to send you unsolicited messages, identify you, index and display your postings in search results, or for other purposes. You should exercise caution when deciding to disclose your personal information. To request removal of your personal information from our blog or community forum, contact us at counsel@NationalCarrierExchange.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. We may also provide a "Live Chat" functionality, wherein NPX/NCX personnel can monitor the user's areas of interest in the website or application and engage in instant messaging with the user to provide additional information or answer any questions. By posting in our newsgroups and using "Live Chat," you explicitly consent to these uses of your information. You are solely responsible for the personal information you choose to submit in these forums. For testimonials, we provide a choice as to whether a user posts his or her personal information along with the testimonial. If you wish to make the request that your testimonial be removed, you may contact us at counsel@NationalCarrierExchange.com. In some cases, we may not be able to remove your testimonial, in which case we will let you know if we are unable to do so and why. NPX/NCX may use cookies, web beacons, and other electronic tools to collect other information about you.

NPX/NCX may collect and/or log your Internet Protocol address, Internet domain name, the web browser and operating system used to access NPX/NCX websites or applications, the pages or files visited, the time spent in each page or file, and the time and date of each visit or use. NPX/NCX may collect this information automatically as you browse our websites or use our applications through the use of log files, web beacons, or other electronic tools.

NPX/NCX may also use cookies to automatically collect information about your use of our websites. Cookies are text files that are sent from a website via your browser and placed on your computer's hard drive or your mobile device. Thereafter, when you visit that website, a message is sent back to the web server by the browser accessing the website, and this information about your activities is stored in the cookie. The information collected in cookies (e.g., the web pages you visit on the website and navigation patterns, the date and time of your visit, the number of links you click within the site, the functions you use on the site, the databases you view and the searches you request on the site, the data you save on, or download from, the site, the websites you visited immediately before and after visiting the site, and when you open our e-mails or click on any of their links) is used and analyzed to improve our service to you and to personalize your web-browsing experience by providing NPX/NCX with a better understanding of your interests and requirements regarding our websites and applications. Cookies may be linked to your personal information.

We may also use cookies and other electronic tools placed by a third-party service provider to measure the effectiveness of our advertising and other information and to help us understand what product information is of most interest to you and what kinds of advertising offers you like to see. Although the service provider logs the information coming from our websites or applications on our behalf, NPX/NCX controls how that data may and may not be used. If you do not want to assist NPX/NCX in improving our products, offers, and marketing strategy, you can opt out of this website analysis tool with respect to mobile applications and NationalCarrierExchange.com by contacting us at counsel@NationalCarrierExchange.com. Websites of NPX/NCX subsidiaries or divisions may use similar tracking tools for similar internal business purposes only. These websites may not offer this opt-out functionality. If you wish to not have this information used for the purpose of serving targeted ads for any other NPX/NCX websites, you may opt out by contacting us at counsel@NationalCarrierExchange.com. Please note this may not opt you out of being served generic advertising. You may also elect not to accept cookies by changing the designated settings on your web or mobile browser. Or you can set your browser to notify you when you are being sent a cookie, giving you the chance to decide whether or not to accept it. The help function on most browsers contains instructions on how to set your browser to notify you before accepting cookies, or disable cookies entirely. However, disabling cookies in either manner may prevent you from using certain functions and features of websites, and the advertising you receive when you visit the site may not be advertisements tailored to your interests.

We or third-party advertisers or their advertising servers may also place or recognize unique cookies on your computer or use other electronic tools in order to help display advertisements that you see on our websites. Information about your visits to, and activity on, our websites, an IP address, the number of times you have viewed an advertisement, and other such usage information is used, alone or in combination with other information, to display on your computer screen advertisements that may be of particular interest to you. The use and collection of your information by these third-party advertisers and their advertising servers is not covered by this Privacy Statement.

We may disclose information that does not identify any individual (e.g., anonymous, aggregated data) without restriction.

NPX/NCX contracts with third-party service providers and suppliers (including distributors and resellers) to deliver certain products, services, and customer solutions. Examples of such services provided on our behalf are mail delivery, website hosting, transaction processing, processing payments, sending emails on our behalf, provide you with support via live chat software, and event planning. NPX/NCX may share your personal information with its service providers and suppliers to the extent necessary to deliver the product or service you requested, respond to your requests for information on products or services, or otherwise support your business needs. You will not have the opportunity to opt out of having your information shared with these third-party service providers and suppliers for these purposes, and they may contact you directly in connection with such purposes.

Third-party service providers and suppliers receiving personal information are expected to maintain privacy and security protections that are consistent with NPX/NCX’s privacy and information security policies. These companies are authorized to use your personal information only for the purpose for which it was originally intended or as required or permitted by law. However, unless otherwise dictated by law or agreement, NPX/NCX is not responsible for any improper use by such parties.

We may also disclose your personal information and other information, including across country borders:

• to our subsidiaries, affiliates, and worldwide offices
• to third parties for their own use, such as to provide you with special offers and promotions that may be of interest to you
• to share data about web visitors with third-parties for the third parties’ own analytics, reporting, or general advertising purposes
• to comply with the law or in response to a subpoena, court order, law enforcement or government request, or other legal process
• to produce relevant documents or information in connection with litigation, arbitration, mediation, adjudication, government or internal investigations, or other legal or administrative proceedings
• if NPX/NCX determines in its good faith judgment that such disclosure is necessary to provide its services or to protect the rights, interests, safety, or property of its business, employees, suppliers, customers, or others
• in connection with any proposed or actual sale or other transfer of some or all assets of NPX/NCX, and/or any proposed or actual sale or merger of NPX/NCX or any division of NPX/NCX
• to enforce the terms of any agreement with NPX/NCX
• to combat fraud or other criminal activity

or for any other purpose disclosed by us when you provide the information as otherwise required or permitted by law, and/or with your consent.

Some NPX/NCX websites or services may be co-branded and offered in conjunction with another company. If you register for or use such websites/services, both NPX/NCX and the other company may receive information collected in conjunction with the co-branded website/services.

Unless permitted by relevant laws, NPX/NCX will not share, sell, trade, or lease your personal information to or with others except as provided for in this Privacy Statement.

Your decision to provide the personal information that we may request from time to time is voluntary. However, if you do not provide the personal information requested, you may not be able to proceed with the activity or receive the benefit for which the personal information is being requested.

You can unsubscribe or choose not to receive promotional materials from NPX/NCX (or from specific divisions or subsidiaries) by following the specific instructions in the e-mail or other communication you receive or by notifying us via the appropriate method(s) described below depending on which website or service is at issue. It may take a reasonable period of time to process your request, but no longer than 30 days for direct mail and telephone promotions and 10 business days for e-mail promotions. In countries where NPX/NCX is required to do so by law, NPX/NCX will offer you the opportunity to provide opt-in consent before promotional materials are sent, or promotional calls are made, to you. This will not apply to service communications that are considered part of certain NPX/NCX services, which you may receive periodically unless you cancel the applicable service. To opt out of receiving marketing emails from a third-party partner, please follow the unsubscribe instructions in the email you receive from the partner or contact the partner directly. To opt out of having NPX/NCX share your personal information with a third-party partner for their own marketing use, please contact us at counsel@NationalCarrierExchange.com.

NPX/NCX strives to keep your personal information accurate. We have implemented technology, management processes, and policies to maintain data integrity. We will provide you with reasonable access to your personal information in accordance with relevant laws, including by making reasonable efforts to provide you with online access and the opportunity to update your information. To protect your privacy and security, we will take steps to verify your identity before granting access or making changes to your personal information. To request access to your personal information, follow the applicable instructions below depending on which website or service is at issue. While we will make reasonable efforts to accommodate your request, we also reserve the right to reject such access requests or to impose certain restrictions and requirements on such requests, if required or permitted by applicable law. We will respond to requests for access within 30 days.

We will retain your personal information for as long as your account is active or as needed to provide you services. If you wish to cancel your account, or request that we no longer use your personal information to provide you services, contact us via the applicable information provided below. Even after we cancel your account or cease using your personal information to provide you services, we may still retain, use, and disclose your information as necessary to comply with our legal, regulatory, ethical, or document retention obligations, and any request to delete your personal information is subject to these obligations and restrictions.

counsel@NationalCarrierExchange.com or NPX/NCX, Attn: Marketing Department, 5757 W Century Blvd., Suite 700, Los Angeles, CA 90045.

In accordance with applicable law, personal and other information covered by this Privacy Statement may be transferred to, and processed and stored in, the United States or any other country in which NPX/NCX or its affiliates, subsidiaries, service providers, business partners, or customers maintain facilities, even if the level of data privacy required in that country is less than that required by the European Union or under the Safe Harbor. By submitting your personal information to NPX/NCX, you consent to such transfers and to the worldwide processing of your personal information.

While the security of your personally identifiable information is of great importance to us no data transmission over the Internet is completely secure. We cannot ensure or warrant the absolute security of any information you transmit. By transmitting any information to us you accept that doing so is at your own risk.

NPX/NCX’s websites may provide links to third-party websites for your convenience and information. If you access those links, you will leave the NPX/NCX website. NPX/NCX does not control these third-party websites or their privacy practices, which may differ from NPX/NCX's. We do not endorse or make any representations about third-party websites. The personal information you choose to provide to unrelated third parties is not covered by the NPX/NCX Privacy Statement. We encourage you to review the privacy statement of any entity before submitting your personal information.

NPX/NCX has implemented reasonable administrative, technical, and physical measures designed to protect your personal information from accidental loss and from unauthorized access, disclosure, use, alteration, or destruction. When you provide us with credit card information via an NPX/NCX website, we will encrypt that information via SSL. If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Please also be careful to avoid “phishing” scams, where someone may send you an e-mail that looks like it is from NPX/NCX asking for your personal information. NPX/NCX will not request your personal information through e-mail. If you have questions regarding our security you can contact us at counsel@NationalCarrierExchange.com.

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by NPX/NCX to its affiliates and/or third parties for their direct marketing purposes. To make such a request, please send an e-mail with your first name, last name, mailing address, e-mail address, and telephone number to NPX/NCX's Office of the General Counsel, at counsel@NationalCarrierExchange.com or 5757 W Century Blvd., Suite 700, Los Angeles, CA 90045. Please include “California Privacy Rights” in the subject line of your e-mail.

Our websites or applications may include social media features, such as the Facebook “Like” button, and widgets, such as the ”share this” button. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our websites or applications. Your interactions with these features are governed by the privacy statement of the company providing them.

If you choose to use our referral service to tell a friend about a page on any NPX/NCX website, we will ask you for your friend's name and e-mail address. We will automatically send your friend a one-time e-mail inviting him or her to visit the site. NPX/NCX does not store this information, except to the extent permitted by law.

NPX/NCX websites and applications are not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on our websites or applications. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this website or application, or on or through any of its features/register on the website or application, make any purchases through the website or application, use any of the interactive or public comment features of this website or application, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at counsel@NationalCarrierExchange.com.

When we provide services to our customers, in some instances we process personal information about their clients ("Client Information") on their behalf. In these situations, it is our customers rather than NPX/NCX who decide the reasons for which the Client Information will be processed. For details of how the Client Information will be used and protected, and details of how to access or correct the information, please refer to the privacy statement of the NPX/NCX customer to which you submitted your personal information.

During the registration process to gain access to NPX/NCX websites and applications, you may have provided specific information about your company, including your DOT Number and other relevant information. By doing so, and through your continued use of these services, you grant NPX/NCX permission to retrieve any available information from Federal Databases related to the information you provide. You further grant NPX/NCX permission to provide this information to other users of the platform who are seeking to evaluate you as a potential business partner, and to establish if they wish to work with you. NPX/NCX will not reveal any such information to any third party outside of these directly-interested parties. Whether you are the recipient of such information, or the subject of its disclosure, by your continued use of the NPX/NCX websites and applications, you agree to indemnify and hold harmless NPX/NCX, its shareholders and officers against any cause, suit or action pertaining to the accuracy or act of disclosure of said information.

If you have questions regarding our compliance with this Privacy Statement, please first contact us by making a written submission to NPX/NCX's Office of the General Counsel, at counsel@NationalCarrierExchange.com or 5757 W Century Blvd., Suite 700, Los Angeles, CA 90045.

NPX/NCX will review and update this Privacy Statement periodically, and will note the date of its most recent revision above. This Privacy Statement is subject to change without notice. We encourage you to review this Privacy Statement frequently to be informed of how NPX/NCX is collecting, using, retaining, protecting, disclosing, and transferring your information. By your continued use of the NPX/NCX websites, software and/or hardware, you are confirming acceptance of any such changes that may, from time to time, occur in any agreements between you and NPX or NCX.