Western Express, Inc. Privacy Policy
Last Updated:
June 1, 2024
PRIVACY
POLICY
Western
Express, Inc., (“Western“) takes your privacy seriously. We want you to
know how we collect, use, share, and protect your personal information.
This
Privacy Policy tells you:
Except as described
in Section 5, this Privacy Policy applies only to personal information that we
collect on the Western websites, namely, drivewithwestern.com,
driveforwestern.com, westernexp.com, fixourtrucks.com, and newhorizonslp.com,
wsxifreight.com, and tlcnashville.com (the “Site(s)”).
If you do not
want us to handle your personal information as described in this Privacy Policy,
please do not use the Sites. Personal information is information that could
reasonably be used to identify you individually, such as your name, e-mail
address, and mobile number.
The Sites are
intended for a U.S. audience. Any information you provide, including any
personal information, will be transferred to, and processed by, a computer
server located within the United States and will be handled in accordance with
this Privacy Policy.
1.
WHAT PERSONAL INFORMATION WE COLLECT
A.
Information You Give Us
We collect personal information that you voluntarily share with us through the
Sites. For example, we collect information from you when you fill out a job
application through any of the online job applications available on a Site.
The information that
you may choose to provide includes:
§ Contact information,
including name, email address, and telephone number
§ Job application
information, including employment history, driver’s license number, and traffic
violation and accident history
§ Information
submitted in order to allow the Employer to run a background check including
name, date of birth, and social security number
§ Communications sent
to the Employer, for example, messaging within the Pulse App and text messages
§ An image of your
driver’s license, Social Security card, Med Card, and pictures of yourself
B.
Information We Collect Through Technology
We collect information through technology to enhance our ability to serve you.
When you access and use the Sites, Western Express or its partners (discussed
below) collects information about how you interact with the Applications. Below
we describe a few of the methods we use to collect information through
technology.
When you visit the
Sites, we or our partners collect your device identifier, browser information,
and Internet Protocol (IP) address. An IP address is often associated with the
portal you used to enter the Internet, like your Internet service provider
(ISP), company, or association. While an IP address may reveal your ISP or
geographic area, we cannot determine your identity solely based upon your IP
address. However, we do not link your personal information to device identifier
information, browser information, or IP address.
We may also collect
information about how you use the Sites, such as the amount of time you spend
on a Site, how many times you use a specific feature of a Site over a given
time period, how often you visit the Sites, and actions you take on the Sites
(collectively “Site Usage Information”). We may link your Site Usage Information
to personal information you have provided to us, in which case we will treat
the combined information as personal information.
Do We Use Cookies or
Tracking Technologies?
We may use cookies. Cookies are small files that a website or its service
provider transfers to your computer’s hard drive through your Web browser that
enables the website’s or service provider’s systems to recognize your browser
and capture and remember certain information. A cookie remembers what link you
clicked to come to the Site
We may hire a
third-party service provider to assist us in placing cookies on the Sites and
analyzing how users navigate the Sites.
Your browser may
offer you the ability to limit which cookies your computer will accept, or to
block cookies completely. Like most websites, if you turn your cookies off,
some of the features on the Site may not function properly.
We use pixels to
allow us to serve you with advertisements for our products, services or job
opportunities on other websites or social media platforms, but we do not share
your unencrypted personal information with these third party websites or social
media platforms. You may have the ability to opt-out of targeted ads on social
media platforms or other websites by adjusting your privacy settings in your
accounts with those services.Information You Provide to a Third Party
C.
Information You Provide to a Third Party
The Western Sites may include links
to, and plug-ins from, websites and applications operated by third parties
(“Third-Party Sites”). It is your choice to enter, or share information with,
any Third-Party Site. Western does not control any Third-Party Sites and is not
responsible for any information they may collect. The information collection
practices of a Third-Party Site are governed by its privacy policy. We
recommend that you read its privacy policy if you choose to enter or share
information with a Third-Party Site.
D.
Information Third Parties Provide
About You
We receive information about you from our service providers. For example, the
job applications available on our Sites are operated by a third-party service
provider who collects your information on our behalf. You may review the privacy policy of our job
application service provider here.
E.
Text (SMS) Messages
If you agree to receive text (SMS) messages from Western, Western may receive
in real time and log those messages. In addition, if you respond to the text (SMS)
messages, Western may also receive and log your text (SMS) messages in real
time. In the process, Western collects message data including the date and time
of the text (SMS) message, the parties’ phone numbers, and the content of the
message. Western will use a service provider to assist in the capture and
logging of the messages and will share the message data with the service
provider.
2.
HOW WE USE THE PERSONAL INFORMATION WE
COLLECT
We use the information we collect to provide the services to you that you have
requested, to evaluate your suitability for employment with Western Express, or
to process certain cargo claims if you are an employee of Western Express. We
use the non-personal information we collect to improve our Site and make its
features more useable.
Data Retention
If we employ you, we will retain your personal information for the duration of
your employment and thereafter as required by law. If we do not employ you, we
will retain your data as long as necessary to provide the services you
requested or process your claim, or to comply with U.S. law, including but not
limited to anti-discrimination laws, We may be required to maintain some or all
of your personal information in our archives in order to maintain database
integrity, in which case we will use such personal information solely for the
purpose of maintaining database integrity, and for no other purpose.
3.
HOW WE SHARE THE PERSONAL INFORMATION WE COLLECT
We do not rent, lease, or sell your personal information to third parties. We
may share your information with:
A. Third-Party Service
Providers: We may share your personal information with third-party service
providers under contract with Western Express to help us provide services to
you. The following are some examples of the types of third-party service
providers with which we share your personal information and our purpose for
doing so:
§ Data Analytics: We
may retain third-party service providers to help us perform data analytics
regarding your interactions with the Applications.
§ Communication
Services Provider; Personnel Resource Manager – We may retain third-party
service providers to host our personnel records or our contacts, and to help us
communicate with you electronically.
§ Employment Service
Provider – We engage the services of a third-party to collect and process
employment application information for us.
§ Legal Advice: We may
disclose your personal information to an attorney in the process of obtaining
legal advice.
We require these third-party service providers to provide safeguards for
your personal information similar to the ones that we provide.
B.
Aggregated data. We may share aggregated data with third-parties when the
data has been de-identified or otherwise anonymized in such a manner that the
information would not be able to identify you.
C.
Required Disclosures: We may be required to share personal information in
response to a court order, subpoena, civil discovery request, other legal
process, or as otherwise required by law.
D.
Legal Compliance and Protections: We may disclose account and other
personal information when we believe disclosure is necessary to comply with the
law or to protect the rights, property, or safety of Western Express, our
employees, or others. This includes exchanging personal information with other
companies and organizations for employment verification, fraud protection and
credit risk reduction.
E.
Corporate Transactions: We reserve the right to disclose and transfer
your information, including your personal information in connection with a
corporate merger, consolidation, the sale of substantially all of our
membership interests and/or assets or other corporate change, including to any
prospective purchasers.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE
We do not collect any information from anyone under 13 years of age. The Sites,
products and services are all directed to people who are at least 13 years old
or older. If you are under the age of 13, you are not authorized to use the Sites.
4. HOW WE PROTECT THE
PERSONAL INFORMATION WE COLLECT
The security and confidentiality of your personal information is important to
us. We have technical, administrative, and physical security measures in place
to protect your personal information from unauthorized access or disclosure and
improper use.
For example, we use
SSL encryption to protect the data collection forms on our website. In
addition, access to your personal information is restricted in our offices.
Only employees who need the personal information to perform a specific job (for
example, a customer service representative) are granted access to personal
information.
It is important for
you to protect against unauthorized access to your computer and other devices
you used to access the Sites. Be sure to log out of your account or to close your
browser after you have completed your visit to any of the Sites.
Please note that
despite our reasonable efforts, no security measure is ever perfect or
impenetrable, so we cannot guarantee the security of your personal information.
5.
INFORMATION SPECIFIC TO CALIFORNIA RESIDENTS
Assistance For The
Disabled
Alternative formats of this Section 5.A are available to individuals with a
disability. Please visit http://www.westernexp.com/contact-us/ for
assistance.
Scope:
This Section 5 only applies to the personal information of residents of the
U.S. state of California in their capacity as consumers (“California
consumers”). For example, Western might collect information from you when you
fill out a job application through any of the online job applications available
on a Site.
This Section 5
applies to all personal information of California consumers collected or
disclosed for business purposes by Western, regardless of whether the personal
information is collected or disclosed through Western’s Sites. As set out
below, Western does not sell California consumers’ personal information.
A.
How We Collect the
Personal Information of California Consumers
|
Categories Of Personal Information
Collected In The Last 12 Months |
Sources of that Personal
Information |
Business Purposes And Commercial
Purposes For Collecting That Personal Information |
|
Identifiers,
such as your full name, contact information, gender, date of birth,
signature, Social Security number, driver's license or state identification
numbers, and similar information for your dependents and beneficiaries. Categories
described in Cal. Civ. Code § 1798.80(e) ((except
those already listed in “Identifiers” above), including: photograph, CDL
number, state, expiration date, class, and endorsements. Professional
or employment-related information, including: driving school
attendance and graduation related information, experience in operation of
motor vehicles including type of equipment, name and address of previous
employers, certifications or special designation / categorization pertaining
to past employment. Non-public
education information, such as education records, degrees
and vocational certifications obtained, report cards, and transcripts. Preferences,
including expressions of interested in a job opening, preferred hours,
geographic location, whether there is a pet policy, smoking policy, and other
job-related preferences. Protected
classification characteristics under California or federal law,
such as age (40 years or older), race, color, ancestry, national origin,
citizenship, religion or creed, marital status, medical condition, physical
or mental disability, sex (including gender, gender identity, gender
expression, pregnancy or childbirth and related medical conditions), sexual
orientation, reproductive health decision making, military and veteran
status, or genetic information (including familial genetic information). |
Provided
directly from the California Consumer, e.g., when entered into the Site(s) |
·
Recruit and process employment
applications, including verifying eligibility for employment and conducting
background and related checks ·
Conduct employee onboarding ·
Maintain and administer payroll and
employee benefit plans, including enrollment and claims handling ·
Maintain personnel records and
complying with record retention requirements ·
Provide employees with human
resources management services and employee data maintenance and support
services ·
Communicate with employees and their
emergency contacts and plan beneficiaries ·
Comply with applicable state and
federal labor, employment, tax benefits, workers' compensation, disability,
equal employment opportunity, workplace safety, and related laws ·
Prevent unauthorized access to or
use of the Company property, including information systems, electronic
devices, network, and data ·
Ensure employee productivity and
adherence to Company policies ·
Conduct internal audits and
investigate complaints, grievances, and suspected violations of policy ·
Respond to law enforcement requests
and as required by applicable law or court order ·
Exercise or defend the legal rights
of the Company and its employees, affiliates, customers, contractors, and
agents ·
Assisting drivers to provide
information required by the Department of Transportation. ·
Facilitating communications,
including collecting and organizing contact information, and establishing
means of communications. |
|
Internet
or other similar network activity information,
including all activity on the Company's information systems (such as internet
browsing history, search history, intranet activity, email communications,
social media postings, stored documents and emails, usernames, and passwords)
and all activity on communications systems (such as phone calls, call logs,
voicemails, text messages, chat logs, app use, mobile browsing and search
history, mobile email communications, and other information regarding an
employee's use of company-issued devices). |
Automated
technologies on the website or mobile application |
·
Facilitate the efficient and secure
use of Western’s information systems ·
Ensure compliance with Western
information systems policies and procedures. ·
Comply with applicable state and
federal laws ·
Prevent unauthorized access to, use,
or disclosure or removal of the Western’s property, records, data, and
information ·
Enhance employee productivity ·
Conduct internal audits and
investigate complaints, grievances, and suspected violations of Firm policy ·
Exercise or defend the legal rights
of Western and its employees, affiliates, customers, contractors, and agents |
B.
How We Share The
Personal Information Of California Consumers
|
Categories Of Personal Information
Collected In The Last 12 Months |
Categories Of Third Parties With
Which Western Shared That Personal Information |
|
|
For
all categories: ·
Western may disclose personal
information to government agencies, law enforcement, and other parties as
required by law and as necessary to protect the rights, property, or safety
of Western, its subsidiaries or affiliates, employees, customers, users, and
public at large. ·
Western may disclose your personal
information to an attorney in the process of obtaining legal advice. ·
Western also discloses Personal
Information to vendors and service providers, as necessary for the business
and commercial purposes listed above. |
|
Identifiers Categories
described in Cal. Civ. Code § 1798.80(e) (except those already listed in “Identifiers”
above) Professional
or employment-related information Preferences Internet
or other electronic network activity information |
·
Western may retain third-party
service providers to help us perform data analytics regarding your
interactions with the Applications or Sites. ·
Wester may retain third-party
service providers to host our personnel records or our contacts, and to help
us communicate with you electronically. ·
Wester engage the services of a
third-party to collect and process employment application information for us. |
Disclosure of
Personal Information for a Business Purpose or a Commercial Purpose: Western discloses
all the categories of Personal Information in the table above for a business
purpose or a commercial purpose.
Sale of Personal Information: In the last 12 months, Western has NOT
sold California consumers’ personal information and Western will not sell
California consumers’ personal information. Western does not sell the personal
information of minors under 16 years of age.
C.
Your California Privacy Rights and How To Exercise Them
1.
Your California Privacy Rights
§
Right to Know: Subject to applicable law,
California consumers have the right to submit a verifiable request to know what
personal information Western collects, uses, and discloses. As noted above, Western
did not sell California consumers’ personal information during the last 12
months and will not do so.
§
Right To Delete: Subject to applicable law,
California consumers have the right to submit a verifiable request for deletion
of their personal information that Western has collected or maintains.
§
Right to Opt Out of Sale: California
consumers have the right to opt out of the sale of their personal information.
California consumers under the age of 16 must opt into the sale of their
personal information, or their parent or guardian must opt in on their behalf.
As noted above, Western did not sell California consumers’ personal information
during the past 12 months and will not do so.
2.
How to Exercise Your Rights
Western will respond to requests in accordance with applicable law if it can
verify the identity of the individual submitting the request. California
consumers can exercise their rights to know and to delete in the following
ways: Contact (800) 316-7160 or privacy@westernexp.com
3.
How We Will Verify Your Request:
The processes that we follow to verify your identity when you make a request to
know or a request to delete are described below.
§ Requests To Know
Categories Or Purposes: If you request to know categories of Personal
Information collected, sources, sales, or Western’s business or commercial
purposes for use of your Personal Information, we will match at least two data
points that you provide with your request to know, or in response to our
request for verification information, against information about you we already
have in our records and that we have determined to be reliable for purposes of
verifying your identity. Examples of relevant data points include your mobile
phone number, your zip code, or information about your use of our products or
services.
§ Requests To Know
Specific Pieces Of Personal Information: We will match at least three data
points that you provide with your request to know, or in response to our
request for verification information, against information that we already have
about you in our records and that we have determined to be reliable for
purposes of verifying your identity. In addition, we may require you to sign a
declaration under penalty of perjury that you are the California consumer whose
personal information is the subject of the request.
§ Requests To Delete
Personal Information: Our process for verifying your identity will depend on the sensitivity
(as determined by Western) of the personal information that you ask us to
delete. For less sensitive personal information, we will require a match of two
data points as described in Point No. 1, above. For more sensitive personal
information, we will require a match of three data points and may require a
signed declaration as described in Point No. 2, above.
We have implemented
the following additional procedures when verifying the identity of requestors:
§ If we cannot verify
your identity based on the processes described above, we may ask you for
additional verification information. If we do so, we will permanently delete
the verification information that you provide promptly after we have completed
the verification process. We will not use that information for any purpose
other than verification.
§ If we cannot verify
your identity to a sufficient level of certainty to respond to your request, we
will let you know promptly and explain why we cannot verify your identity.
Authorized Agents
You may designate an authorized agent to exercise your right to know or your
right to delete by submitting to us a completed “Authorized Agent Designation”
form.
If an authorized agent submits a request to know or a request to delete on your
behalf, the authorized agent must submit with the request either (a) a power of
attorney that is valid under California law, or (b) a document signed by you
that authorizes the authorized agent to submit the request on your behalf. In
addition, we may ask you to follow the applicable process described above for
verifying your identity.
Western’s
Non-Discrimination Policy
California consumers have the right not to be subject to discriminatory
treatment by Western for exercising their privacy rights under the California
Consumer Privacy Act, and Western will not discriminate on that basis.
6.
HAVE QUESTIONS?
If you have any questions about this Privacy Policy, we’ll do our best to
answer them promptly. Here’s how to contact us:
http://www.westernexp.com/contact-us/
7.
PRIVACY POLICY UPDATES
If we change this Privacy Policy, we will post those changes on this page and
update the Privacy Policy modification date above. If we materially change this
Privacy Policy in a way that affects how we use or disclose your personal
information, we will notify you by prominently posting a notice of such changes
before making them and by stating the effective date of the changes.