Applicants Employees and Contractors Privacy Notice

Applicants, Employees, and Contractors Privacy Notice

Effective Date: May 9, 2023

This Applicant, Employee and Contractor Privacy Notice (“Privacy Notice”), describes the Personal Information (as defined below) that Quality Carriers, Inc. and its subsidiaries (“QC”, “we”, “us”, or “our”)  collect from job applicants (“Applicants”),  current and past employees (“Employees”), and current and past contractors (“Contractors”) and how we use and disclose that information. Applicants, Employees, and Contractors are also referred to in this Privacy Notice as “you” or “your”.

Scope of this Privacy Notice.  This Privacy Notice describes what Personal Information of Applicants, Contractors and Employees we collect or have collected, how we use, disclose, and share such Personal Information in connection with our relationship to you, the purposes for which your Personal Information is used, how long your Personal Information will be stored, and your rights in relation to your Personal Information, each as may be granted by applicable law. Nothing in this Privacy Notice is intended to create an employment  or contractor contract between you and QC.

Provisions of this Privacy Notice dealing with individuals who are Employees or Contractors with QC are not applicable until you are hired by or under active contract with QC. Likewise, provisions of this Privacy Notice which apply only to Employees are not intended to apply to Contractors.

This Privacy Notice does not apply to your use of QC services as a consumer. Your use of QC services is governed by our general Privacy Policy . When appropriate, we may provide additional notice at the point of collection with respect to any additional processing activities not mentioned in this document.

If you are an Applicant, Employee, or Contractor that resides in California, please see the section below titled “Supplemental Privacy Notice to Residents of California” for California-specific information.

Categories of Information We Collect. We receive information about you that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household  (“Personal Information”) throughout the job application process, and if applicable, the time you are either employed by QC or contracted to perform services for QC.

We collect Personal Information when you provide it to us directly and from third party sources. We also generate Personal Information about you as part of our relationship with you.

Although providing us Personal Information may be optional in some instances, certain Personal Information is required during the application process and during the scope of employment or your contracted services. The specific categories of Personal Information we collect from you will vary depending on our relationship with you.

Generally, we may collect the following categories of Personal Information from you:

•   Identifiers and similar information, such as your name, phone number, and address; username, account name, and email address; and unique identifiers tied to the browser, application, or device you are using, such as an IP address.
•   Customer Record Information, such as phone number, address, email address, bank account number, or other financial information.
•   Characteristics of protected classifications under California or federal law, such as your age, gender, and language(s) spoken. If you choose, you may also provide additional information, like your racial or ethnic origin, religious or philosophical beliefs, trade union membership, sexual orientation, or gender identity.
•   Internet, network, and other activity information in connection with your use of QC accounts, devices, systems, and services, such as your search terms; views and interactions with content including QC’s website, application or employment advertising; and information about your interaction with  QC’s apps, browsers, and devices (like IP address, crash reports, and system activity).
•   Geolocation data, including as determined by IP address, depending in part on your device and account settings. Precise geolocation may be collected if you are a driver for QC, whether as an Employee or a Contractor.
•   Audio, electronic, visual, and similar information, such as information transmitted in connection with interviews or phone-screenings you may have, if any (e.g., phone calls or photos) or CCTV footage from our facilities.
•   Communications data, such as emails that you may send or receive.
•   Health information, if you choose to provide it, in connection with the application or recruitment process, and information such as you may provide in connection with an accommodations request.
•   Professional and employment related information, such as information you provide in connection with the application and recruitment process, as well as information QC may otherwise collect through reference checks, criminal and financial background checks (where applicable), benefits, compensation (including current or desired pay), medical related information, performance reviews, and information from publicly available sources, including online sources.
•   Education information, such as degrees or training certifications.
•   Inferences drawn from the information above, such as preferences or characteristics related to your position with QC. Inferences will not be drawn from any information that is also considered Sensitive Personal Information as identified below.

Some of the Personal Information listed above that we collect is considered sensitive (“Sensitive Personal Information”) such as: social security number; driver’s license number; racial or ethnic origin; religious or philosophical beliefs; union membership; financial account information; Personal Information collected and analyzed concerning your health in connection with your responsibilities or accessibility; and precise geolocation in connection with driver services.

How We Use Personal Information We Collect. Your Personal Information will be used by QC for the purposes of carrying out its application and recruitment processes, fulfilling its duties and responsibilities as an employer, fulfilling its contractual obligations to you when you provide services as a Contractor, and providing QC services to its customers. The purposes include:

•   Recruiting.  We may use Personal Information to communicate with you regarding the recruiting process, to learn where you heard about QC, and to evaluate and improve our recruiting process.
•   To Manage the Application Process. We use your Personal Information to process your job application, to verify the information you have provided in your application, to communicate with you regarding your application, to answer your questions regarding the application process and to confirm your eligibility for a position.  We may also save your information for future job openings within QC for up to one (1) year from the date you initially submitted such information.
•   To Manage the Hiring and Contracting Process. We use your Personal Information in the hiring and contracting process to schedule and conduct interviews, administer or perform contracts.  We may also use your Personal Information to perform background and reference checks, with your consent, if you are offered a position or contract.
•   To Communicate with You. We may use your Personal Information to provide information to you, to respond to your questions, to notify you of changes to your compensation or pay, or to notify you of emergencies.
•   To Manage the Onboarding Process. Upon being hired by QC or executing a contract with QC, we will collect Personal Information when you complete paperwork to assist us in the onboarding process and to assist us with complying with governmental and legal requirements such as to verify and manage relevant credentials, licensing, and other qualifications.
•   To Administer Compensation and Benefits Programs.  As applicable, we will use the Personal Information you provide to process payroll, pay taxes, help address employment related tax issues, process settlement statements, administer benefits and handle work related expense reimbursement. We use this information to Issue tax return-related documents and forms including W-2s, 1099s and W-9s. We may also use this Personal Information to manage requests for accommodations requests, or to administer Employee claims such as under workers’ compensation or unemployment benefits.
•   For Performance Management. QC collects Personal Information in order to assess Employee performance, assist in career development, conduct pay reviews, and to handle any employment or contract related disputes. We may also use Personal Information to respond to violations of company policies and to gather information for disciplinary actions. We use Personal Information for purposes of the internal performance improvement and disciplinary process and to respond to complaints.  We use Personal Information for purposes of reviewing contract performance. 
•   Monitor Activities. We may monitor any activity you perform online while using a QC device and activity while connected to QC’s internet may be tracked by QC, such as monitoring the websites you visit and your activity on those websites.  We may also track the emails you send using your QC-provided email address, the phone calls and other communications you send and receive using a QC-provided device, and the chat messages you are involved in using the QC-provided instant messaging program. 
•   Education and Professional Services. We may use your Personal Information to assist with education, training and professional development.
•   Law Enforcement and Courts. We may disclose your Personal Information in response to a subpoena, a search warrant or other legally valid process.  We may use your Personal Information to cooperate with law enforcement or other government entities if you are suspected of having violated applicable laws.
•   Record Keeping.  We use Personal Information to comply with applicable legally required or industry standard business and employment record keeping requirements and to respond to governmental requests for information.
•   Health and Safety. We use Personal Information to protect your health and safety, or the health and safety of others, including through the use of technology to allow contact tracing if you may have exposed to communicable diseases such as COVID-19. We may also use this information to respond to an employee- or contractor-related emergency. 
•   Protect Our Legal Rights. We may use your Personal Information to protect our legal rights, to defend a claim or lawsuit, and to investigate or prevent actual or suspected loss or harm to QC, or any persons or property.   We may use your Personal Information to seek legal, accounting or other professional advice. We also may use Personal Information when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, QC or any other party. 
•   Security. We may use your Personal Information to monitor the use of our information systems and electronic resources, to conduct internal audits and investigations and for safety and security of QC drivers, employees, visitors and facilities.  We also may use such information to protect QC against illegal activity and misconduct such as fraud, deceptive practices and data security incidents. We use this to offer, operate, maintain, deliver, troubleshoot and update our programs, network and systems used by QC in the course of its business.

If you are offered and accept employment as an Employee, or are engaged as a Contractor, the information collected during the application, contracting, and recruitment process will become part of your employment record or contractor file.

Why We Disclose Personal Information. We disclose Personal Information in the following circumstances:

•   Within QC. We may disclose your Personal Information internally within QC and among QC’s subsidiaries for purposes of recruiting and/or evaluating applicants, resource planning, talent and recruiting, and human resources and business administration functions. All QC Employees or Contractors who access or process your Personal Information are required to comply with QC’s privacy and security policies.
•   Service Providers. We may disclose your Personal Information with third parties that help us provide and administer our talent and recruiting, human resources and business functions. Any such third-party service providers may collect or access information about you only for the purposes of performing services specified in the applicable services contract with QC, and we require these providers to undertake security measures consistent with the protections we afford to your Personal Information as outlined in this Privacy Notice.
•   Business Partners. We may also use additional third parties that help us provide and administer our talent and recruiting, human resources and business functions. However, these third parties are distinct from Service Providers because our agreements with such parties may not contain the same contractual provisions.
•   Customers. We may disclose certain Personal Information to fulfill and manage orders and purchases by our customers. We may be required information about our Employees and Contractors who are drivers, such as their contact information and their precise geolocation, as part of the fulfillment of our services to such customers.
•   Change in Ownership. We may use and disclose Personal Information in connection with the evaluation of a change of control of QC such as in the event of a merger, acquisition, or sale of assets.  We may provide Personal Information both in connection with a due diligence process or it could be transferred as part of the change of control to subsequent owner(s).  If we (or our assets) are acquired or if we go out of business, enter bankruptcy, or go through some other change of control or reorganization, Personal Information and other information could be one of the assets transferred to or acquired by a third party, or reviewed as part of the due diligence process.
•   Response to Legal Requests. We may disclose your Personal Information with third parties when we reasonably believe disclosure is required or permitted in order to comply with a subpoena, court order or other applicable law, regulation or legal process.
•   Protection of QC and Others. We may disclose your Personal Information when we believe it is appropriate to protect the rights, property, or safety of QC, our products or services, our customers, our applicants, employees or others.
•   Aggregate Information. We may disclose your Personal Information in a form that does not identify you individually, such as in aggregate and/or de-identified form, internally within QC or with certain third parties for purposes such as research, reporting and benchmarking.
•   With Your Consent. We may also disclose your Personal Information to any other third party when we have your consent to do so.

Retention of your Personal Information. We retain Personal Information for as long as necessary to meet the purpose for which we collect it and to fulfill the purposes outlined in this Privacy Notice and as otherwise required or permitted by law.

Changes to this Privacy Notice. We reserve the right to change this Privacy Notice from time to time. If we make updates to this Privacy Notice, we will notify you by revising the date at the top of this Privacy Notice. All changes will be effective immediately upon posting. Material changes will be conspicuously posted or otherwise communicated to you.

Contact Information. If you have questions about this Privacy Notice, please contact:

Privacy Matters, c/o Quality Carriers

Attn: Legal Department

1208 E. Kennedy Blvd., Suite 132

Tampa, Florida 33602 USA

Email: legal@qualitycarriers.com

Toll-free Number:  1-800-282-2031

_____________________________________________________________________________________

Supplemental Privacy Notice to Residents of California

This section supplements the Applicant, Employee and Contractor Privacy Notice and applies solely to residents in the State of California. If you are a California resident, you may have additional rights (or different rights than described above) under the California Consumer Privacy Act, as amended by the California Privacy Rights Act, and its implementing regulations (the “CCPA”).Terms used in this section and not defined have the meaning given those terms in the CCPA. 

Categories of Personal Information Collected. In the last 12 months, QC has collected some or all of the categories of Personal Information identified above in the Section titled “Categories of Information We Collect”.

Sources from Which Personal Information is Collected. We may collect Personal Information directly from you, prior employers, references, and third party outsourcing, staffing, recruiting and benefits managers.  If you are an Applicant, this information comes to us primarily from our online application tool powered by TenStreet (for drivers) or Indeed (for non-drivers).  We also collect such Personal Information from the following: (i) third-party partners; (ii) third-party applications (including blogs, chat rooms, or support centers); and (iii) other companies or organizations, such as market research firms or data aggregators.

Purpose for Collecting the Personal Information. We collect the Personal Information for the business and commercial purposes described in the “How We Use Personal Information We Collect” section above.

Categories of Personal Information Disclosed for a Business Purpose.  We have disclosed the following categories of Personal Information for a business purpose in the prior 12 months to the corresponding third parties:

For a description of the categories of Personal Information, please see the “Categories of Information We Collect”.  section above. 

Categories of Personal Information Sold or Shared for a Commercial Purpose. While we do not disclose Personal Information to third parties in exchange for monetary compensation, we do disclose or make available Personal Information about you to third party Business Partners in order to receive certain services or benefits from them, such as in order to improve and measure our ad campaigns. California law may consider this activity a “sale” or “sharing” for any cross-contextual behavioral advertising.

The categories of Personal Information that we may “sell” or “share”, and which we may have “sold” or “shared” in the past 12 months, as defined under CCPA, include:

•   Identifiers
•   Commercial Information
•   Internet and other Electronic Information
•   Geolocation
•   Inferences

We do not have any actual knowledge that we have sold or shared Personal Information of any consumer under the age of 16.

Your Individual Privacy Rights Under California Law. California residents may make the following requests regarding their Personal Information, subject to certain limitations including (a) exceptions permitted by applicable law and (b) verification of your identity and authentication of your request: 

•   Right to Request Disclosure of Categories. You have a right to request access to the following information: (a) the categories of Personal Information we collected from you in the 12 month period prior to your request, (b) the categories of sources from which the Personal Information was collected, (c) the business or commercial purpose for collecting your Personal Information, (d) the categories of third parties with whom we disclosed your Personal Information; and (e) the categories of Personal Information we disclosed in the 12 month period prior to who your request. You also have a right to access a list of categories of Personal Information we sold or disclosed for a business purpose in the last 12 months, if any.
•   Right to Request Access. You have a right to request that we disclose to you the specific pieces of Personal Information that we have collected about you in the 12-month period prior to your request and receive a copy of your electronic personal information in a readily-usable format.
•   Right to Correct Inaccurate Data.  You have a right to request the correction of Personal Information we collected about you.
•   Right to Deletion. You have a right to request that we delete Personal Information we collected about you. We will comply with such request, and direct our service providers to do the same, subject to certain exceptions, including maintaining data permitted or required by applicable law, or if retention of the Personal Information is otherwise reasonably anticipated or necessary within the context of your employment, application, or contracted services for us.
•   Right to Opt-Out of Sale or Sharing. You have the right to opt-out of the sale or sharing of your Personal Information. You may submit your opt-out request here: [insert the “DO NOT SELL OR SHARE MY PERSONAL INFORMATION” button]

To opt-out online, please use the following web-form:  [insert link].  Other ways you may opt-out include contacting us at 1-800-282-2031.

•   Do Not Track. Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser “do not track” signals. However, QC treats Global Privacy Control signals as opt-out of sale and opt out of targeted/cross-context behavioral advertising requests as required under CCPA. A Global Privacy Control (“GPC”) is a browser setting that a user can set in order to send a signal to each website visited regarding the user’s privacy preferences, such as not to share or sell user’s Personal Information.  If your browser or browser extension has GPC enabled, our websites will automatically recognize that signal and opt you out of the sale of your personal information.
• Right to Limit the Use or Disclosure of Sensitive Personal Information. . QC does not use or disclose sensitive personal information for purposes other than those outlined in the CCPA regulations (Cal. Code Reg. tit. 11 §7027(m)) and therefore does not provide a “Right to Limit” the use or disclosure of sensitive personal information.
•   Right to Non-Discrimination or Retaliation. You have the right to be free of discrimination or retaliation if you elect to exercise any of the above rights. 

How To Exercise Your California Privacy Rights

You, or your authorized agent, may exercise these rights by contacting us at the information listed at the bottom of this Privacy Notice.

Verifiable Request. In order to verify your request, you must provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Information or that you are the authorized agent of such person.  We may require additional information in order to verify and authenticate the request. 

We will only use Personal Information we collect during the verification process for the purpose of verifying your identity.  If we are unable to verify your identity as required by applicable laws and regulations, we will decline to comply with your request, and inform you of the reason.

Authorized Agents. You may only make a request to exercise your rights on behalf of yourself, or a parent or legal guardian may make a request on behalf of their child. You also have a right to submit requests to exercise your rights under CCPA through an authorized agent. If an authorized agent contacts us to exercise the above rights, we will need to verify their identity as well as your identity. We will also require proof of your written authorization to the agent to be your agent and to make the specific request submitted, unless the agent is subject to a Power of Attorney under California probate laws. If the agent is a Power of Attorney under California probate laws, we may require evidence of that status. 

When We Will Respond. We will confirm receipt of your request within 10 business days. We will try to respond to your request within 45 days. If we require additional time, we will inform you of the reason and extension period. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. We may charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded.

Contact

If you have any questions about how we use your information, or would like to exercise any rights that you may have under the CCPA, please reach out to us by using the below contact information:

Privacy Matters, c/o Quality Carriers

Attn: Legal Department

1208 E. Kennedy Blvd., Suite 132

Tampa, Florida 33602 USA

Email: legal@qualitycarriers.com

Toll-free Number:  1-800-282-2031

Contact Form: