PRIVACY STATEMENT

Last Updated: January 1, 2023

Contents

Please read this Privacy Statement carefully. If needed, you can click on one of the links below to jump to the listed section:

• Introduction

• Changes to this Privacy Statement

• What this Privacy Statement Covers

• Personal Information We Collect

• Use of Personal Information

• Disclosure of Personal Information

• Cookies and Third-Party Tools

• Data Security, Transfers and Retention

• Managing your Personal Information and Your Rights

• Notice to California Residents – Your Rights

• Other Privacy Issues

• Contact Us

Introduction

This Privacy Statement (“Privacy Statement” or “Statement”) aims to provide you with a better understanding of how MODE collects, uses, and shares your personal information, as well as your rights in relation to that information. We also will tell you how you can reach us to answer any questions you may have about our privacy practices.

As used in the Privacy Statement, the following words have these meanings:

• “MODE,” “our,” “us,” “we” refers to MODE Global, LLC and our direct and indirect subsidiaries and affiliates.

• “You” or “your” refer to our customers, carriers, agents, representatives and other online users.

• “Including” means “including but not limited to.”

Throughout this Statement, we’ll also use the term “personal information” to mean any information that (i) directly and clearly identifies an individual, or (ii) can be used in combination with other information to identify an individual, or (iii) that is otherwise about an identifiable individual. However, the definition of personal information and sensitive personal information can vary by region. If we collect data that is considered personal information and sensitive personal information in your region, we will treat it as such in accordance with this Privacy Statement and applicable law.

Changes to this Privacy Statement

We may update or change this Statement from time to time because of changes in applicable laws or regulations or because of changes in our personal information practices. If we make changes, we will notify you by revising the date at the top of this Statement, and in some cases, where we make material changes impacting your personal information, we may provide you with additional notice (such as by adding a statement to our website homepage or by sending an email notification). We encourage you to review this Statement to stay informed about our information practices and the choices available to you. Your continued use of our Sites and our Services following the posting of changes constitutes your acceptance of such changes.

You can see when this Statement was last updated by checking the date at the top of this Statement.

What this Privacy Statement Covers

This Statement applies to your personal information when it is collected or processed by MODE in-person, through our websites that link to this Statement (each, a “Site,” collectively, the “Sites”) and through our transportation, logistics, and other services (collectively, the “Services”). It applies to you when you visit us in-person, visit our Sites, engage our Services, supply goods and services to us, or when we otherwise collect your personal information, unless stated otherwise. Our privacy practices with respect to job applicants, employees and contractors are addressed through other policies and are outside the scope of this Statement.

Personal Information We Collect

The types of personal information we collect about you depend on your interactions with us and are described in more detail below.

Personal information you provide directly to us: We collect information when you directly provide it to us, such as when you visit any of our Sites, engage our Services, communicate with us, or otherwise engage with us through our Services.

The types of personal information we may collect include your:

Identifiers, including your real name(s); alias; postal address, unique online identifier, IP address, email address, and other credentials used to access our Sites or Services;
Certain characteristics protected by applicable law, including gender, marital status, nationality, and country of origin;
Commercial information and Customer Records, including Services purchased, obtained, or considered, other purchasing or consuming histories or tendencies, and other data about your transactions with us, including payment details, tracking numbers, delivery locations and other information provided to us regarding certain shipments, but only to the extent an identifiable person can reasonably be linked to such information;
Professional or employment-related information, including business unit/division, company name, job status, job title, office location, vendor number, and Factor ID, nature and status of licenses or authorizations, safety record, insurance information, and criminal background information, if authorized;
Any other information you choose to provide, including your commercial driver’s license identification and related information (including your photo).

Personal information we automatically collect when you visit any of the Sites: When you visit any of the Sites or use any features or resources available on or through a Site, we may automatically collect and process certain personal information. The types of personal information we may collect include your:

Internet or other electronic network activity information, including information regarding your interactions with our Sites, device type, device identifier and operating system, browser information, IP address, language settings, dates and times of connecting to a Site and other technical information, the webpages you visit on the Site, the files you viewed, and the website form which you navigated to the Site.

Like many organizations, we may also collect information through the use of cookies, web beacons, pixels, and other technology. For more details, see the section entitled, Cookies and Third-Party Tools.

Personal information we collect from other third parties or publicly available sources: When you visits our Sites, engage our Services, or apply for credit, we may rely on certain third parties (e.g., vendors, credit agencies, public sources, and professional services organizations, such as law firms and accountants) as necessary to provide our Services to you and/or to fulfill our legal and regulatory compliance obligations. For example, we may confirm your credentials, credit worthiness, insurance, or other authorizations or qualifications through third parties, or a third-party company may perform a background check on you if you apply to be an agent for us. As another example, we may use information from LinkedIn or other sources to update information about you in our contact database. In such cases, we receive personal information about you from third parties.

Personal information we derive: We may derive information or draw inferences about you based on the other types of personal information we collect. For example, we may infer your geolocation based on your IP address, or that you are interested in participating in an event based on your browsing behavior on our Sites.

Use of Personal Information

We will only use your personal information when and as the law allows us to. Most commonly, we will use your personal information for the following purposes:
To fulfill the specific purpose(s) for which the personal information was collected/provided, including but not limited to the following examples:

Ex: To provide the Services to you and to administer and improve our day-to-day business activities (e.g., conduct sales, pick up, deliver and track shipments, manage our vendors and contractors, or enter into or maintain our business relationship with you, as applicable);

Ex: To respond to your requests for customer or technical support;

Ex. To communicate with you about the Services;

Ex. To notify you about any changes to the Services;

Ex. To send you marketing materials, newsletters and updates;

Ex. To administer our Sites, and monitor and analyze usage, trends, and activities related to the Sites; and

To perform our contractual obligations;
Legitimate purposes including, without limitation, improving and securing our Sites, information technology systems and services, protecting against malicious, deceptive, fraudulent or illegal activity, preventing, detecting, and investigate security incidents, ensuring the physical safety of natural persons, and performing other services on behalf of MODE, provided that the use of your personal information is reasonably necessary and proportionate for this purpose.
To address our legal and regulatory compliance obligations; and
For any other purpose with your consent.

We may process and store your personal information in the United States of America (“U.S.A.”) and other countries, which may have less-protective data protection laws than the region in which you are situated. Please note that this processing, including storage, may involve cross-border transfers of your personal information as described below in the section entitled, Data Transfers.

Disclosure of Personal Information

Depending on our relationship with you, we may share your personal information with customers, carriers, shippers, and independent parties with whom we contract and their respective representatives as part of our provision of the Services, but only strictly as necessary to facilitate our provision of the Services.

Additionally, we may share your personal information with the following categories of recipients:

With our related entities, including direct and indirect subsidiaries and affiliates, our principal investors and their affiliates, or their or our successors or assigns, and professional advisors (including those located outside the U.S.A.) as necessary for all of the purposes described in the section entitled, Use of Personal Information.
With our service providers, contractors, vendors, agents, consultants, professional advisors, and other third parties (collectively, “Providers”) who assist us in providing the Services to you, including Internet Service Providers, Operating Systems and Platform Providers, Data Storage Providers, Web and Data Analytics Service Providers, Financial and Payment Technology Providers, Consumer Reporting Agencies, Background Check Providers, Identity Verification Providers, and Security and Fraud Providers. While we may seek to require third parties to follow our privacy practices, we do not bear any responsibility for any actions or policies of third parties. Since our Providers may be located around the world, please note that these disclosures may involve cross-border transfers of your personal information as described below in the section entitled, Data Transfers.
With a potential buyer (and its agents and advisors) in connection with any proposed merger, acquisition, or any form of sale or transfer of some or all of our assets (including in the event of a bankruptcy, reorganization, dissolution or liquidation), in which case personal information held by us about you will be among the assets transferred to the buyer or acquirer.
With any competent law enforcement body, regulatory, government agency, court or other third party when we believe that such disclosure is necessary to: (i) comply with any court order, a request from any competent law enforcement agency, or any other legal obligation; (ii) enforce or apply the terms of a contract; and (iii) protect the rights or property of MODE or the rights, property, or safety of you, our customers or others, including enforcing the terms governing your use of the Site(s) and Services.
In any of the other circumstances described above in the section entitled, Use of Personal Information.

Cookies and Third-Party Tools

We use cookies and third-party tools in connection with our Sites, including:

Cookie Data: Depending on how you’re accessing and using our Site(s) and Services, or otherwise interacting with us, we may use and allow our Providers to use cookies and similar technologies, such as pixel tags, web beacons, clear GIFs, and JavaScript, to enable us to recognize your web browser and tell us how and when you visit and use our Site, to analyze trends, and to operate and improve our Services. For detailed information on the cookies we use and the purpose for which we use them, see our Cookie Policy.

Third-Party Tools:

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Google reCAPTCHA: MODE may implement Google reCAPTCHA Enterprise to help prevent spam and abuse. reCAPTCHA Enterprise collects hardware and software information, such as device and application data, and sends it to Google for purposes of providing, maintaining, and improving reCAPTCHA Enterprise and for general security purposes. This information is not used by Google for personalized advertising. Your use of reCAPTCHA Enterprise is subject to Google’s Privacy & Terms: https://policies.google.com/privacy
Google Maps: MODE may implement Google maps features and content on its Sites. By using such features and content, you consent to the collection, processing and use of the data collected automatically by Google. You can find the Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and Google Privacy Policy at https://www.google.com/policies/privacy/.

Data Security, Transfers and Retention

Data Security:

Security measures: We have put in place technical and organizational measures designed to assist in maintaining the security of the personal information we collect from you; safeguarding against anticipated threats to the confidentiality, integrity, and availability of personal information; and protecting your personal information against accidental or unlawful destruction, loss, alteration, and unauthorized disclosure or access. With respect to payment card information, our technical and organizational measures include all applicable security requirements in accordance with the Payment Card Industry Data Security Standard.
NO LIABILITY FOR BREACH: WHENEVER PERSONAL INFORMATION IS PROCESSED, THERE IS A RISK THAT SUCH INFORMATION COULD BE LOST, MISUSED, MODIFIED, HACKED, BREACHED AND/OR OTHERWISE ACCESSED BY AN UNAUTHORIZED THIRD PARTY. NO DATA TRANSMISSION OVER THE INTERNET IS COMPLETELY SECURE, AND NO SYSTEM OF PHYSICAL OR ELECTRONIC SECURITY IS IMPENETRABLE. ACCORDINGLY,
WE CANNOT GUARANTEE THE SECURITY OF ANY INFORMATION THAT YOU TRANSMIT TO US, OR THE SECURITY OF OUR SERVERS, NETWORKS OR DATABASES, AND BY USING OUR SITES AND THE SERVICES, YOU AGREE TO ASSUME ALL RISK IN CONNECTION WITH YOUR PERSONAL INFORMATION. WE ARE NOT RESPONSIBLE FOR ANY LOSS OF SUCH PERSONAL INFORMATION OR THE CONSEQUENCES THEREOF.
Breach Notification: In the event that we believe the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate, we may notify you by e-mail, push notification, or otherwise.
Your role in protecting your personal information: In addition to the technical and organizational measures that MODE has in place to protect your personal information, you should use appropriate security measures to protect your personal information, including protecting the security of the credentials used to access our Sites or Services.

Data Transfers: We provide appropriate protections for international data transfers where specified by law. However, we are based in the U.S.A. By allowing us to collect personal information about you, you consent to the transfer and processing of your personal information in the U.S.A. in accordance with this Statement.

The personal information we collect may be transferred to, stored, or otherwise processed in the U.S.A, Canada, Mexico and other locations. We also transfer personal information to Providers that process personal information for us in the U.S.A, Canada, Mexico and other locations. While in another jurisdiction for processing, your personal information may be accessed by the courts, law enforcement, and national security authorities, or other authorities of that jurisdiction. These jurisdictions may not provide the same level of data protection as your home jurisdiction.

Data Retention: The criteria for determining the duration for which we will keep your personal information are as follows:

we will retain your personal information no longer than is necessary for the purposes for which it was collected; or
where applicable law requires a longer retention period, we will retain your personal information for the time specified under law unless we must retain such information for a longer time in order to establish, exercise or defend any legal rights.

Managing your Personal Information and Your Rights

Managing your personal information: You can contact us at mode.notices@modeglobal.com to find out if we hold any personal information about you. You may request that we update, correct, deactivate or delete your personal information.

We may not be able to delete all of your personal information because of laws, rules, or regulations applicable to us or because of our legitimate business interests. Your personal information may reside in our backup archives temporarily after we delete your personal

information from our production system. We may retain aggregated, anonymous data derived from your personal information

We may periodically send you newsletters or marketing material via email. You can opt-out of our marketing materials by managing your communication preferences in your account or by following the unsubscribe instructions provided in each email. We may continue to send you administrative emails even if you indicate that you no longer wish to receive promotional email from us.

Your Rights: Depending on where you reside, you may have certain rights regarding your personal information, such as the right to request access, correction, deletion, or other actions with respect to your personal information, and you may exercise the rights available to you depending on applicable law with regards to the personal information we collect.

To exercise your rights, including to make a request to access, delete, update or correct your personal information, or to ask for portability of your personal information, or to object to the processing on grounds relating to your specific situation, please use the contact details provided below in the section entitled, Contact Us.

California Residents. If you are a resident of California: Please see section entitled, Notice to California Residents – Your Rights, for additional information regarding your rights and our privacy practices required under the California Consumer Privacy Rights Act of 2020.
Mexico Residents. If you are a resident of Mexico: Please click here for information regarding your rights and our privacy practices required under Mexico’s Mexican Personal Data Protection Law (Ley Federal de Protección de Datos Personales en Posesión de los Particulares).

Notice to California Residents - Your Rights

If you reside in California, we are required to provide this notice of collection and additional information to you about how we use and disclose your information, and your rights with regard to your information. We have included this supplemental California-specific information below:

Notice of Collection of Personal Information:

Under the California Consumer Privacy Rights Act of 2020, the term “Personal Information,” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California Consumer. However, the term “Personal Information” excludes the following information as provided by the CPRA:

Publicly available information from government records.
De-identified or aggregated consumer information.
Information excluded from the CPRA’s scope, including health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Consistent with the “Personal Information We Collect” section above, we collect certain categories and specific pieces of Personal Information about individuals that are considered “Personal Information” in California, including:

Identifiers,
Commercial information,
Internet and electronic information,
Professional or employment-related information,
Inferences about your preferences and characteristics, and
Sensitive personal information including the credentials used to access our Sites or Services if you have an account with us, financial account, debit card, or credit card number in combination with any required security or access code if you provide it to us;

We generally do not collect protected classifications about visitors to our Sites and users of our Services, sensory information, biometric information, precise geolocation data, or education-related information.

As detailed above, we may collect this Personal Information from you, our service providers, contractors and other third parties. We use, share and disclose Personal Information for the business and commercial purposes described in the “Use of Personal Information” and “Disclosure of Personal Information” sections above. We retain Personal Information consistent with the “Data Security, Transfers and Retention” section above.

California Privacy Rights: Subject to certain exceptions, as a California consumer, you have the right to:

Right to Know: You have the right to know the ways in which we collect, use, share, disclose and otherwise process your Personal Information, and the specific pieces of your Personal Information that we hold.
Right to Correct: You have the right to request that we correct inaccurate Personal Information, considering the nature of the Personal Information and the purposes for processing that information.
Right to Delete: You have the right to request the deletion of your Personal Information, subject to several exceptions.
Right to Opt-Out of Selling: You have the right to opt-out of having your Personal Information sold. We do not "sell" your Personal Information, as this term is defined under California law. Given the divergent practices of organizations that offer browsers and the lack of a standard in the marketplace, we do not respond to Do Not Track (DNT) signals at this time. For more information on DNT signals, please refer to the “Other Privacy Issues” section below.
Right against Discrimination: You have the right not to be unlawfully discriminated against for exercising these rights.

If you are a California consumer and you wish to exercise your rights as outlined in this section, you may need to provide additional information so that we can verify your identity. We reserve the right to take reasonable steps to verify your identity before fulfilling your rights request. For example, we may seek to establish your identity to a reasonable or a reasonably high degree of certainty by matching information that you submit alongside your request with information that we have on our records.

You also have the option of designating an authorized agent to exercise your rights on your behalf. For authorized agents submitting requests on behalf of California residents, please contact us, with any evidence you have that you have been authorized by a California consumer to submit a request on their behalf.

Shine the Light: In addition to your CPRA rights, California’s “Shine the Light” law permits residents of California to annually request and obtain information free of charge about what Personal Information is disclosed to third parties for direct marketing purposes in the preceding calendar year. We do not disclose your personal information to third parties for the third parties’ own direct marketing purposes.

Other Privacy Issues

Terms and Conditions. All use of our Sites is subject to our Website Terms and Conditions.
Children’s Information. Our Services are not aimed at children. We do not knowingly collect personal information from children under the age of 18. If you believe that a child under the age of 18 has disclosed personal information to us, please use the contact details provided below in the section entitled, Contact Us. We will remove the personal information from our systems if required. Please note that we may ask you to verify your identity before responding to any such requests.
Disclaimer of Links to Other Websites. Any of our Sites may contain links to other websites or applications. This Statement only applies to the Sites that link to this Statement and not to any other website or application. We are not responsible or liable for any content, advertising, products, or other materials on or available from third party websites or for any privacy or other practices of the third parties operating those websites. We encourage you to carefully read the privacy statement of any third-party website or application before you provide your personal information to those third parties.
Do Not Track Signals. Your browser setting may allow you to automatically transmit a "Do Not Track" (DNT) signal to websites and online services that you visit. There is no consensus among industry participants as to what DNT means in this context, and some browsers automatically apply DNT signals by default and therefore do not necessarily reflect our visitors' choice as to whether they wish to receive advertisements tailored to their interests. As a result, like many websites and online services, we do not alter our practices when our Sites receive a DNT signal from a visitor's browser. To find out more about DNT, please visit http://allaboutdnt.com. Note that DNT is different than the Global Privacy Control (GPC), which we do respond to in certain territories, such as California. To find out more about GPC, please visit https://globalprivacycontrol.org.
Automated decision-making: We do not use automated decision-making without human intervention, including profiling.