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:

  1. What personal information we collect
  2. How we use that information
  3. How we share that information
  4. How we protect that information
  5. Region-specific information for California
  6. How to contact us for questions
  7. Privacy Policy updates

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.