Privacy Policy

MILE MARKER SAFETY - PRIVACY POLICY Effective Date: [08.17.2026] Last Updated: [08.17.2026]1. SCOPE AND RELATIONSHIP TO FCRA Mile Marker Safety Inc. ("Mile Marker Safety," "we," "us," or "our") respects your privacy. This Privacy Policy applies to personal information collected through our website, software platform, and mobile applications (collectively, the "Services").* Customer Data (Data Processor Role): This policy does not apply to personal information processed on behalf of our motor carrier customers ("Customers") when drivers ("Candidates") apply for employment or submit compliance records. Our Customers’ respective privacy policies govern their use of candidate data. We process Candidate data strictly pursuant to our Customer contracts and instructions. * FCRA Carve-Out: Personal information contained in consumer reports or investigative consumer reports (e.g., MVRs, PSP reports, background checks) gathered pursuant to the Fair Credit Reporting Act (FCRA) is governed by the FCRA and applicable federal statutes, not by this Privacy Policy.2. INFORMATION WE COLLECT We collect information directly from you, automatically through your platform usage, and from third-party compliance sources.A. Information Provided Directly * Carrier Account Data: Business name, USDOT/MC number, administrative user names, email addresses, phone numbers, and billing details. * Driver Candidate Data: Uploaded Commercial Driver’s Licenses (CDLs), passports, DOT Medical Cards, drug/alcohol testing records, employment history, and application responses uploaded by Candidates or Customers. * Support &amp; Communications: Information submitted when requesting technical support, participating in platform surveys, or communicating via our messaging tools.B. Information Collected Automatically * Technical Telemetry: IP addresses, browser types, operating systems, device identifiers, time zones, and dashboard navigation activity. * AI &amp; OCR Processing Data: Unstructured document image files uploaded to the platform (e.g., photos of CDLs or Medical Cards) processed by our Artificial Intelligence (AI) and Optical Character Recognition (OCR) systems to extract text data fields.3. HOW WE USE YOUR INFORMATION We process personal information for the following business purposes: * Service Delivery: To verify driver qualification files, track license and medical card expirations, generate safety scores, and process background checks requested by Customers. * AI Model Improvement &amp; Benchmarking: To create de-identified, aggregated, and anonymized datasets ("Aggregated Data"). We use Aggregated Data to train, refine, and improve our machine learning models, OCR extraction accuracy, and industry benchmarking tools. Aggregated Data contains no personally identifiable driver or carrier information. * Administrative Operations: To authenticate users, prevent fraudulent activity, process subscription billing, and maintain information security.4. TEXT MESSAGING &amp; SMS PRIVACY (A2P 10DLC COMPLIANCE) If you opt in to receive text messages (SMS) from Mile Marker Safety or through our platform on behalf of a Customer: * No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.&nbsp; * All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties or subcontractors, except service providers strictly assisting in the delivery of text messages.5. HOW WE SHARE YOUR INFORMATION We do not sell personal information. We disclose personal information solely as follows: * Prospective Employers / Customers: Candidate application data and compliance records are shared directly with the specific motor carrier to which the Candidate applied. * Compliance Vendors &amp; DMVs: Data is transmitted to authorized third-party vendors (e.g., state DMVs, FMCSA Clearinghouse, background check agencies) solely to execute searches ordered by the Customer. * Cloud Infrastructure &amp; Subprocessors: Data is hosted and processed by secure third-party service providers (e.g., AWS, Azure, payment processors) bound by strict confidentiality obligations. * Legal &amp; Regulatory Authorities: We may disclose data if required to do so by law, subpoena, court order, or official DOT/FMCSA safety audit request.6. DATA SECURITY &amp; RETENTION * Security Safeguards: We enforce administrative, technical, and physical security controls, including Transport Layer Security (TLS 1.2+) for data in transit and AES-256 encryption for data at rest. Infrastructure is hosted in Tier-3/Tier-4 cloud facilities with role-based access controls and continuous vulnerability monitoring. * Data Retention: We retain Customer and Driver data for the duration of the active subscription or as directed by the Customer to fulfill FMCSA record-retention requirements (e.g., 49 CFR Part 391). Upon contract termination, Customers are granted a 30-day retrieval period, after which live data is purged in accordance with our data disposal policies.7. YOUR PRIVACY RIGHTS &amp; DRIVER REQUESTS Depending on your jurisdiction (e.g., California CPRA), you may have the right to access, correct, or delete your personal information. * For Drivers/Candidates: Because Mile Marker Safety processes driver compliance data as a Service Provider on behalf of motor carriers, Drivers seeking to access, correct, or delete their application data must direct their requests to the prospective employer/carrier. We will assist the Carrier in responding to verified driver requests as contractually required. * For Carriers/Admins: Account administrators may update account details directly within the platform settings or by contacting us.8. CONTACT US For questions regarding this Privacy Policy or our data practices, please contact: Mile Marker Safety Inc. Attn: Privacy &amp; Legal Department Email: Info@milemarkersafety.com Address: 200 Continental Dr, Suite 401, Newark, DE, 19713

Terms and Conditions

<h2>MASTER SERVICES AGREEMENT AND PLATFORM TERMS OF USE</h2>Effective Date: [date]Provider: Mile Marker Safety Inc., a Delaware corporation ("Mile Marker Safety", "Provider", "we", "us", or "our")Customer: The motor carrier, employer, or commercial entity accessing or subscribing to the Services ("Customer", "You", or "Your")<h3>1. DEFINITIONS &amp; PLATFORM OVERVIEW</h3><ul><li data-list-item-id="e0b04541151ff763c285aa397d8121edb">1.1. Services: Means the cloud-based Software-as-a-Service (SaaS) platform, web portals, mobile applications, APIs, automated data extraction engines, compliance dashboards, and related technologies provided by Mile Marker Safety.</li><li data-list-item-id="eae9c66583dc3d71e3dff2e98c0892325">1.2. Automated Technologies: Refers to artificial intelligence (AI), machine learning algorithms, computer vision, optical character recognition (OCR), and automated rule engines utilized within the Services.</li><li data-list-item-id="ecc4b8db8013184a83caad9e29d9d9b32">1.3. Customer Data: Includes all Motor Vehicle Records (MVRs), Commercial Driver’s Licenses (CDLs), medical cards, drug and alcohol testing records, background reports, application materials, and personally identifiable information (PII) uploaded, transmitted, or stored by Customer or its applicants/drivers.</li><li data-list-item-id="ef1ea7c37ec0828bad2bea32e5abef7c5">1.4. Consumer Report / Investigative Consumer Report: Shall have the meanings defined under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA").</li></ul><h3>2. AUTOMATED TECHNOLOGIES &amp; MANDATORY HUMAN REVIEW</h3><ul><li data-list-item-id="e30c607f0f507aa033ba3d7a3ab0de2af">2.1. Decision Support Tool Only: Customer expressly acknowledges that the Services and Automated Technologies function strictly as an administrative data aggregation, extraction, and decision-support tool. The Services do not make autonomous employment, qualification, hiring, firing, or safety classification decisions. Customer retains sole authority and legal responsibility for all employment and regulatory determinations.</li><li data-list-item-id="ea0e2378202f1b2072189d618ac351110">2.2. Probabilistic Nature of AI &amp; OCR: Customer acknowledges that Automated Technologies are probabilistic in nature. Data extraction accuracy depends on document quality, lighting, resolution, handwriting, stamps, watermarks, and non-standard state/federal formats. Provider does not represent or warrant that data extraction will be 100% accurate, complete, or error-free.</li><li data-list-item-id="e20890091a8d0bc9617a1e61c6b96a953">2.3. Mandatory Human-in-the-Loop (HITL) Verification: Customer agrees to independently inspect, verify, and confirm all extracted data, AI-generated flags, or inconsistency notices against the original source documents before saving, relying upon, or taking any adverse employment or regulatory action based on such data.</li><li data-list-item-id="ef320057bafa4b89e3ee5c1f6a5afa78f">2.4. Liability Disclaimer for Regulatory Actions: Provider explicitly disclaims all liability for fines, penalties, audits, out-of-service orders, conditional/unsatisfactory safety ratings, or litigation resulting from Customer’s failure to verify extracted data against source records independently. Customer maintains total responsibility for compliance with FMCSA, DOT, and state safety regulations.</li></ul><h3>3. FCRA, DPPA &amp; REGULATORY COMPLIANCE CERTIFICATION</h3>To the extent Provider acts as a Consumer Reporting Agency (CRA) or transmits consumer data, Customer certifies and warrants strict adherence to the following:<ul><li data-list-item-id="ecfb52dd49d1024b1bbf3439aaee28249">3.1. Permissible Purpose Certification: Customer certifies that it will request and use Consumer Reports (including MVRs, PSP reports, and background checks) solely for legitimate, legally permissible employment purposes under FCRA § 604 (15 U.S.C. § 1681b) and the Driver’s Privacy Protection Act (18 U.S.C. § 2721 et seq. - "DPPA"). Customer shall not obtain reports for personal curiosity, spying, or unauthorized third-party redistribution.</li><li data-list-item-id="e00b3548d74339ce0d8903a211b10987b">3.2. Disclosure and Written Authorization: Customer warrants that before ordering any report, it has provided the applicant/driver with a clear and conspicuous written disclosure (in a document consisting solely of the disclosure) that a consumer report may be obtained, and has secured the driver’s explicit written authorization.</li><li data-list-item-id="ec36f3d02aab73ef0613dca246d703b3a">3.3. Adverse Action Workflow Compliance: Customer covenants that before taking any adverse action (e.g., declining to hire, terminating, or disqualifying a driver) based in whole or in part on information provided by the Services, Customer shall:<ol><li data-list-item-id="e27a4efb5a20b0ac770bd944c02fc001d">Provide the driver with a Pre-Adverse Action Notice;</li><li data-list-item-id="ee4c79fb52405e941fc50ec52068af4cc">Enclose a copy of the specific report relied upon; and</li><li data-list-item-id="ea6f5a4088241c96b642b5f1d407703d6">Provide a written copy of "A Summary of Your Rights Under the Fair Credit Reporting Act".After taking adverse action, Customer shall provide a formal Final Adverse Action Notice adhering to all statutory FCRA § 615 requirements.</li></ol></li><li data-list-item-id="e5b42ed3c050aa82fd50a3283a2650bd6">3.4. Secure Data Handling &amp; Disposal: Customer agrees to maintain physical and digital safeguards over all consumer reports. Hard copies must be shredded, burned, or pulverized when no longer required; electronic files must be permanently erased or scrambled in compliance with federal disposal regulations.</li></ul><h3>4. SCREENING TOOLS, APPLICATION QUESTIONS &amp; EMPLOYMENT LIABILITY</h3><ul><li data-list-item-id="e32afaf07f39d3a03001c875fe53220cc">4.1. Customer Configuration Ownership: Provider may make available digital application forms, screener questions, and assessment tools. Customer agrees that the selection, configuration, and utilization of these tools are determined exclusively by Customer. Provider acts solely as a technical software publisher.</li><li data-list-item-id="e4c2dc759b789daccdbcf120749e0a237">4.2. Disparate Impact &amp; Employment Laws: Customer assumes total legal responsibility for ensuring that its job requirements, screening criteria, and application questions comply with Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and state/local equal employment opportunity laws. Customer warrants it will not utilize tools in a manner that creates an unlawful disparate impact.</li><li data-list-item-id="e9df306d24265bc5a906f38e11e2ed084">4.3. Accommodation Requests: Customer is solely responsible for receiving, evaluating, and granting reasonable accommodations to candidates with disabilities under the ADA or equivalent state laws.</li></ul><h3>5. PRIVACY, BIOMETRICS (BIPA) &amp; STATE AI EMPLOYMENT LAWS</h3><ul><li data-list-item-id="e41e37c60fca2feed57efce10f1726229">5.1. Data Controller Status: Customer is the primary Data Controller of driver PII and warrants that it possesses all requisite legal authority, and driver consents to process such data via the Services.</li><li data-list-item-id="e3878a5b1423a27d07f9012493c2e6d59">5.2. Biometric Data Prohibition (BIPA): Customer agrees not to upload, process, or store facial recognition scans, fingerprints, voiceprints, or other biometric identifiers via the Services unless an explicit, separate Biometric Addendum has been executed. Customer agrees to indemnify Provider against any claims brought under the Illinois Biometric Information Privacy Act (740 ILCS 14/1) or similar state statutes resulting from Customer’s unauthorized upload of biometric assets.</li><li data-list-item-id="e24e68bcddb515608c431486206a1ea77">5.3. Automated Employment Decision Tool (AEDT) Notices: Customer acknowledges that state or municipal laws (e.g., Illinois HB 3773, NYC AEDT Law) may require employers to notify applicants when AI tools are used during hiring. Customer assumes full responsibility for providing all required statutory notices to its applicants.</li></ul><h3>6. MOBILE APPLICATIONS &amp; APP STORE TERMS</h3><ul><li data-list-item-id="e3042f81a1473cba03a2c64539faebd3a">6.1. Mobile License Grant: If Customer or its authorized drivers download Provider’s mobile application ("Mobile App"), Provider grants a limited, non-transferable, revocable license to execute the object code on authorized devices owned or controlled by Customer or its drivers.</li><li data-list-item-id="ec125e3985407c26e550bf1badd3cfcf8">6.2. App Store Sourced Applications: Customer acknowledges that this Agreement is between Customer and Provider only, and not with Apple Inc. or Google LLC ("App Store Owners"). App Store Owners carry no obligation to furnish maintenance or support for the Mobile App. In the event of a product liability, regulatory non-compliance, or intellectual property infringement claim, Provider—not the App Store Owner—retains responsibility under the terms of this Agreement.</li></ul><h3>7. DATA RETENTION, ARCHIVING &amp; AGGREGATED AI DATA RIGHTS</h3><ul><li data-list-item-id="e8724f420089bfb744337e16f5d265bf7">7.1. DOT/FMCSA Regulatory Records: Provider shall maintain Driver Qualification (DQ) Files and Safety Performance Histories uploaded to the platform in alignment with 49 CFR § 391.51 standards for the active duration of Customer’s subscription. Customer acknowledges that the Services serve as a data processing tool, and Customer remains responsible for preserving independent backup copies for DOT safety audit readiness.</li><li data-list-item-id="eab7bdc2f36a857e86e0ad65ea29cac0e">7.2. Post-Termination Export &amp; Deletion: Upon expiration or termination of this Agreement, Customer shall have thirty (30) days ("Retrieval Period") to export Customer Data. Upon expiration of the Retrieval Period, Provider may permanently purge Customer Data from production servers without further liability.</li><li data-list-item-id="ee780b92c2b9a7c5eefb7c0e03244f209">7.3. Aggregated Anonymous Data &amp; AI Model Training: Customer grants Provider a perpetual, irrevocable, worldwide, royalty-free license to compile, synthesize, aggregate, and de-identify Customer Data ("Aggregated Data"). Provider may utilize Aggregated Data to train, refine, and improve its AI models, OCR engines, risk algorithms, and industry benchmarking tools, provided that such data is fully anonymized and contains zero identifiable driver or carrier information.</li></ul><h3>8. FEES, PASS-THROUGH COSTS &amp; ACCOUNT SECURITY</h3><ul><li data-list-item-id="e46bc2c73ce62246ef307cab7cf612c04">8.1. Subscription &amp; Transactional Fees: Customer agrees to pay all fees outlined on the Order Form. Usage fees for transactional services (state MVR pulls, CDLIS checks) are billed as incurred.</li><li data-list-item-id="e4e495e9b8d5cb9b38644d94bda14abb9">8.2. DMV Statutory Fee Pass-Through: Customer acknowledges that state DMVs and governmental registries periodically adjust statutory retrieval fees. Provider reserves the right to adjust transactional pricing immediately upon notice to reflect third-party or government fee increases.</li><li data-list-item-id="e3dc6ff01dae8ec0ce1596abd1039ebfc">8.3. Pre-paid Credits: All pre-paid transaction credits are non-refundable and expire twelve (12) months from the purchase date.</li><li data-list-item-id="e36ac1e28e8133f38803f2c41f1e95255">8.4. Unique Credential Security: Shared or generic user accounts are strictly prohibited. Customer must assign individual, unique login credentials to each user accessing sensitive driver PII to maintain an accurate audit trail.</li></ul><h3>9. INDEMNIFICATION</h3>Customer agrees to defend, indemnify, and hold harmless Mile Marker Safety, its parent companies, officers, directors, employees, and agents from and against any third-party claims, liabilities, losses, damages, penalties, or legal fees arising out of or related to:<ol><li data-list-item-id="e1df65bdce342d495cfcf583f6345e8af">Customer's breach of any covenant or certification under the FCRA, DPPA, or state privacy laws;</li><li data-list-item-id="e4b90e78a28cd162332df7610a16984f1">Employment, qualification, hiring, or termination decisions made by Customer;</li><li data-list-item-id="e6957bb3bd400ad04dc53a50d8cb2b895">Allegations that Customer's screening questions or hiring criteria resulted in an unlawful disparate impact or ADA violation;</li><li data-list-item-id="e25c6a1a8a12e139975dcedc23b3da42c">Customer's failure to independently review and verify AI/OCR-extracted data prior to taking regulatory or employment action;&nbsp;</li><li data-list-item-id="edaff85bf81d3b018e79677e4dabf0a80">Customer's unauthorized upload of biometric identifiers (BIPA).</li></ol><h3>10. DISCLAIMER OF WARRANTIES &amp; LIMITATION OF LIABILITY</h3><ul><li data-list-item-id="e3c702f486350bc56b2c3e27228880152">10.1. "AS IS" Provision: THE SERVICES, AUTOMATED TECHNOLOGIES, AND OCR EXTRACTIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE." PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.</li><li data-list-item-id="e812e5cb684eac397194c18ac3cc3f65f">10.2. Waiver of Consequential Damages: IN NO EVENT SHALL MILE MARKER SAFETY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, OR REGULATORY FINES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES.</li><li data-list-item-id="e68b853f097b8749e7358e0de4d64ffc4">10.3. Liability Cap: PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) THE TOTAL FEES PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE INCIDENT, OR (B) ONE HUNDRED DOLLARS ($100.00).</li></ul><h3>11. MANDATORY BINDING ARBITRATION &amp; CLASS ACTION WAIVER</h3><ul><li data-list-item-id="e0e46aed5387d5c9ec66aa81876905635">11.1. Binding Individual Arbitration: Customer and Provider agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or the breach thereof, shall be settled by final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.</li><li data-list-item-id="ea88dc0a8bd9ac8274d123deb32fcb812">11.2. CLASS ACTION WAIVER: ALL CLAIMS MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. CUSTOMER EXPRESSLY WAIVES ANY RIGHT TO COMMENCE, JOIN, OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST MILE MARKER SAFETY.</li><li data-list-item-id="e67bd58c4cffe81bdf5bfe38369136ef2">11.3. Governing Law &amp; Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to conflict of law principles. Any court proceedings permitted outside of arbitration shall be instituted exclusively in the state or federal courts located in Wilmington, Delaware.</li></ul><h3>EXHIBIT A: SECURITY STANDARDS &amp; BREACH NOTIFICATION</h3><ol><li data-list-item-id="eafeb75f74736125133d66e99f027d831">Encryption Standards: Data in transit is secured using Transport Layer Security (TLS 1.2+). Data at rest is encrypted using AES-256 standard encryption.</li><li data-list-item-id="e0a17ccf31c6de2271f0dd862febba752">Access Control: Multi-Factor Authentication (MFA) and strict Principle of Least Privilege are enforced across all production environments.</li><li data-list-item-id="ed026e19aa1126acf3a71cb9bc54bab97">Infrastructure: Hosted on tier-1 cloud infrastructure (AWS/GCP/Azure) maintaining SOC 2 Type II and ISO 27001 certifications.</li><li data-list-item-id="ec83aad53cf36f931f667219b5cb07a20">Security Incident Response: In the event of a confirmed Security Breach involving unencrypted Customer Data, Provider shall notify Customer without undue delay, and no later than forty-eight (48) hours following confirmation of the incident.</li></ol>

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