Privacy Policy

(This Privacy Policy has been updated and is effective as of May 6, 2021.)

This web site is not operated by Landstar System, Inc. or any of its affiliated operating companies, including Landstar Transportation Logistics, Inc., Landstar Express America, Inc., Landstar Gemini, Inc., Landstar Inway, Inc., Landstar Ligon, Inc., Landstar Global Logistics, Inc., and Landstar Ranger, Inc. Landstar System, Inc. and its operating companies do not control the content of this web site and are not responsible for its accuracy or usefulness. For more information on Landstar System, Inc. or any of its affiliated operating companies, please go to Landstar System, Inc.’s official web site located at www.landstar.com.

This is the privacy policy (the “Privacy Policy”) for those websites (each a “Site” and together the “Sites”) to which this Privacy Policy is linked and identified as such website’s privacy policy and which are operated by Momentum Transportation USA, Inc (“Momentum,” “we,” “us” or “our”) on its own behalf or on behalf of Momentum Affiliates. The website that you are visiting now and to which this Privacy Policy applies may be referred to herein as “this Site” or “the Site.” The Privacy Policy governs how Momentum uses, collects and discloses the information gathered from or provided by users of this Site located in the United States, Canada or Mexico. “Momentum Affiliate(s)” is any entity that controls, is under common control with, or is controlled by Momentum.

This Privacy Policy should be read in conjunction with this Site’s Terms of Use, which is incorporated herein by reference. Capitalized terms used and not otherwise defined in this Privacy Policy shall have the meaning given to them in the Terms of Use.

This Privacy Policy applies to information we collect:

On this Site.

In email, text, and other electronic messages between you and this Site.

If applicable, through mobile and desktop applications you download from this Site, which provide dedicated non-browser-based interaction between you and this Site.

If applicable, through mobile and desktop links provided by Momentum to this Site.

When you interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

Momentum offline or through any other means, including on any other website operated by Momentum or any third party including Momentum Affiliates; or

Any third party including Momentum Affiliates, including through any application or content (including advertising) that may link to or be accessible from or on the Site.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site, including choosing not to provide your information to us. By accessing or using this Site, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of this Site after we make changes is deemed acceptance of those changes, so please check the policy periodically for updates.

1. Use by Users Outside the United States.

This Site is intended for use only by users located in the United States, Canada and Mexico. If you are located outside of the United States (other than for users located in Canada and Mexico) you are consenting to the transfer and/or transmission of your information into the United States and to the collection, use and disclosure of your information in accordance with this Privacy Policy. You are also acknowledging that the laws of the jurisdiction in which the information is kept will determine the protections afforded to your personal information, and that such protections may not be as strict as your home jurisdiction. Momentum stores and processes the personal information it gathers through your use of the Site in the United States. If you are located within the European Union and you submit any information deemed Personal Data under the General Data Protection Regulation (“GDPR”) your submission is voluntary, with your express consent to use Personal Data for the purpose submitted, at your own risk, and subject to the laws of the United States.

2. Agreement and Your Consent.

Please read this Privacy Policy carefully; it creates legal obligations. By using the Site, you are acknowledging that you have read and understand this Privacy Policy, you are agreeing to be legally bound by it, and you are consenting to the use, collection and disclosure of your information as provided in this Privacy Policy.

If you do not agree with all of the terms of this Privacy Policy, you should not use the Site.

3. Scope of Policy.

This Privacy Policy only applies to the Sites linked to this Privacy Policy, including this Site, and it does not apply to other websites, including other websites operated by Momentum, Momentum Affiliates or service providers, or sites that may be operated by others.

This Privacy Policy applies only to information we gather from you or that you provide to us online while visiting or using the Site. It does not apply to information gathered from or provided by you to us through other sites, offline, through other business arrangements with you, or through other means.

4. The Information We Collect.

The Site offers business information about Momentum and Momentum Affiliates. The Site is not to be used by individual consumers to purchase consumer products or services. Momentum provides goods and services to businesses in need of shipping and logistics services including facilitating communications and information sharing among Momentum, Momentum Affiliates, brokers, independent sales agents (“Agents”), independent business capacity owners (“BCO(s)”), and third party transportation providers, including but not limited to, any third party motor carrier, drayage provider, transportation intermediary, shipper, consignor, consignee, air carrier, ocean carrier, ground carrier, logistics provider, and/or entity involved in the motor carrier services, property brokering, freight forwarding, non-vessel operating common carrier, air charter, indirect air charter, warehousing, and/or the transportation service industry.

The type of information we collect from users of the Site includes information by which an individual may be identified (“personal information”) such as their first and last name, email address, address, and telephone number. We also collect business information from users, and information by which users cannot be individually identified, such as information about a user’s computer, Internet connection and Site usage.

We collect this information when you directly provide it to us, such as if you request information through the Site, register on the Site, sign up for a service through the Site, provide us with Suggestions through the Site, post User Posted Content to the Site, or if you send us information via email through the Site. We use commercially reasonable means to identify when information is being collected and the purpose for which it is being collected. When appropriate we may ask you for your affirmative consent to provide us with personal information. However, we do not guarantee that affirmative consent will be requested from each user of the Site. IF YOU DO NOT WANT US TO COLLECT PERSONAL INFORMATION FROM YOU, DO NOT PROVIDE IT TO US.

We also collect information automatically as users navigate through the Site, including about a user’s equipment, browsing actions and patterns, including as follows:

We record general statistical and tracking information, such as the date and time the Site is accessed, the places visited on the Site, and the time spent using the Site.

We receive and record information about a user’s computer and its systems and in our server logs from a user’s browser, including an IP address (the Internet address of a computer), identification of the computer and its systems, the type and version of the web browser, referrer addresses and other server log information.

We use cookies and other tracking mechanisms to recognize when users return to the Site. A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to a user’s browser from a site’s computers and stored on a user’s computer’s hard drive. With respect to most computer systems, you may set your browser so that it does not accept cookies. If you do disable the use of cookies, you may not be able to use or experience all of the features of our Site.

Cookies used by this Site do not collect Personal Data (as defined under the GDPR), but if you have any concerns whatsoever over our use of Cookies, do not use the Site, or be sure to set your browser so that it does not accept cookies.

IF YOU DO NOT WANT US TO COLLECT INFORMATION FROM YOUR COMPUTER OR MOBILE DEVICE DO NOT USE THE SITE.

We also may, but are not obligated to, monitor your use of the Site.

5. Our Use and Disclosure of this Information.

This Site is for use within the United States, Canada and Mexico. If you are accessing the Site from the European Union, this Site is not intended for your use. We may use the information that we collect about you or that you provide to us as set forth above, including your personal information, as follows:

For any Momentum and/or Momentum Affiliates’ business purpose;

To provide you with the information, products and services that you request from us;

To fulfill any other purpose for which you provide the information to us;

To notify you about changes in the Site, its governing documents, or any products or services we offer through the Site;

To allow you to participate in interactive sections of the Site;

To inform you about our and/or Momentum Affiliates’ programs, goods and services and/or those of third parties in which we determine you may be interested;

To communicate with you about your use of the Site and regarding Momentum’s and Momentum Affiliates’ business;

For any other purpose to which you consent;

In any other way we may describe when you provide the information;

To aggregate user information; and

To present our Site and its contents to you.

We may also use and disclose to others the information we gather from you, including your personal information, as follows:

To fulfill the purpose for which you provide the information, for any other purpose disclosed when you provide the information, and for any purpose to which you consent.

We may disclose your information to Momentum Affiliates and allow them to use and disclose your information for any Momentum and/or Momentum Affiliates’ business purpose.

We may employ other companies, services providers and Momentum Affiliates to perform functions on Momentum’s behalf, such as maintaining the Site, providing services related to the Site, collecting information, responding to and sending electronic mail, fulfilling orders for products, services or information, or other functions necessary to our business, and we may disclose your information to these companies so that they can perform their functions for us.

We may use and disclose your information as we view necessary or prudent to protect our and Momentum Affiliates’ safety, rights and/or property and that of others and other users, to enforce and/or to report abuse or violation of the Site’s governing documents, and in connection with our obligations under the U.S. Digital Millennium Copyright Act (“DMCA”).

We may use and disclose your information to carry out our obligations and enforce our rights arising from any contracts entered into between you and us and/or Momentum Affiliates.

We may use and disclose your information to the extent we believe we are required to do so by law, including to comply with any court order, law or legal process, and to respond to any government or regulatory request.

We may transfer and disclose your information in connection with a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the assets of Momentum and/or one Momentum Affiliate, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which the information held by Momentum and/or the Momentum Affiliate is among the assets transferred.

To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.

If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Momentum, our Agents, independent BCOs, intended third party motor carriers, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

To fulfill the purpose for which you provide it.

For any other purpose disclosed by us when you provide the information.

With your consent.

We will dispose of your information when it is no longer useful for the purposes for which it was provided to us by you.

Except as provided in this Privacy Policy, we will not disclose your information to unaffiliated third parties without your express consent.

We may compile statistical and aggregated information about users of the Site and their use of the Site, and we may use, disclose and transfer this information, as well as any information that does not identify an individual, and any Suggestions you provide, for any purpose without restriction.

6. Security.

We have put in place security systems designed to prevent unauthorized disclosure of information you provide to us. These systems are structured to deter and prevent hackers and others from accessing this information. Due to the nature of Internet communications and evolving technologies, however, we cannot provide, and we hereby disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.

With respect to some services we provide customers, we may expressly agree at the time such services are requested to provide different, specific and higher levels of security and data segregation. In addition, in particular circumstances, when you submit certain information to us through this Site, we may agree in connection with such information to provide additional protections to, and restrictions upon our use of, your personal information. For example, if you apply to qualify to join our network as an independent Agent, BCO or approved broker carrier, the application materials may make additional commitments to you as set forth in such materials.

Unfortunately, and for the avoidance of doubt, the transmission of information via the Internet is not completely secure. Although we do our best to protect your information, we cannot guarantee the security of your information transmitted to our Site. Any transmission of information, including but not limited to personal information provided by you, is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

7. Relationship to Other Contracts.

The terms of this Privacy Policy do not affect or amend the terms of any specific contracts you have entered or may enter into with Momentum or Momentum Affiliates, and your and Momentum’s (or Momentum Affiliates’) respective obligations thereunder, except as otherwise expressly set forth in such contract.

8. Children.

The Site is not directed to or intended to be used by persons under the age of 18, and Momentum does not knowingly collect personal information from persons under the age of 18. If we learn that a person under 18 has provided us with personal information through this Site, we will delete this information from our databases.

9. Updating Contact and Personal Information.

By agreeing to this Privacy Policy, you are agreeing to keep your contact information or other personal information we maintain up to date. If your contact information or other personal information that you have provided to us through the Site needs to be updated, please promptly contact us at Momentum Transportation USA, Inc, attn: , 4901 Belfort Road, #100 Jacksonville, FL provide sufficient information so that we can properly update your information.

10. Changes to this Privacy Policy.

From time to time, Momentum may modify or change its Privacy Policy at its sole discretion. You are responsible for checking for revisions to this Privacy Policy each time you use the Site and, in any event, agree to be bound to changes to this Privacy Policy thirty (30) days after such changes have been introduced. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Privacy Policy, as changed, and to its application to all information gathered before and after its effective date.

The date the Privacy Policy was last revised is identified at the bottom of the page. You are responsible for periodically visiting our Site and this Privacy Policy to check for any changes.

11. Your California Privacy Rights.

(This Statement of California Privacy Rights was last updated May, 6 2021.)

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write us at: Momentum Transportation USA, Inc, attn: , 4901 Belfort Road, #100 Jacksonville, FL 32256.

The California Consumer Privacy Act of 2018 (effective January 1, 2020) (the “CCPA”) grants to consumers residing in California (“California Consumer(s)”) additional privacy rights, when a business collects a California Consumer’s personal information. This Site is not to be used nor intended to be used by individual consumers to purchase consumer products or services. Momentum provides goods and services to businesses in need of shipping and logistics services including facilitating communications and information sharing among Momentum, Momentum Affiliates, brokers, independent sales agents and independent business capacity owners. WE DO NOT COLLECT PERSONAL INFORMATION FROM CALIFORNIA CONSUMERS OR THEIR HOUSEHOLDS AS DEFINED BY THE CCPA.

If, however, our practices change and we collect personal information from California Consumers, we will provide specific notice in compliance with the CCPA.

If you are a California Consumer and you believe that your personal information was collected by Momentum or a Momentum Affiliate, please contact us about your concerns:

12. General Data Protection Regulation.

If you are a resident of the European Union, you may have additional rights pursuant to your local law applicable to the collection and processing of personal information. If you believe that Momentum or a Momentum Affiliate is collecting personal information under the EU General Data Protection Regulation (“GDPR”), and your personal information is processed based on legitimate interests pursuant to the GDPR, you have the right to object to the processing on grounds relating to your specific situation. Under GDPR you may also have the right to request to have your personal information deleted or restricted and ask for portability of your personal information.

You can request to access, update or correct your personal information. You also have the right to object to direct marketing.

In the event you consider our processing or control of your personal information subject to the GDPR and not compliant with an applicable data protection law, you can lodge a complaint:

Filing a complaint directly with the competent data protection authority. The name and contact details of the Data Protection Authorities in the European Union can be found here: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

13. Contact Us.

Questions, comments or requests related to your use of the Site, regarding this Privacy Policy, and Momentum’s information handling policies and procedures should be submitted to Momentum’s Corporate Communications department by mail or e-mail as follows:

By mail: Momentum Transportation USA, Inc, attention: , 4901 Belfort Road, #100 Jacksonville, FL 32256

CANADA PRIVACY STATEMENT

(This Policy Statement was last updated on May 6, 2021)

If you are Canadian, this privacy statement may apply to you.

Momentum Transportation USA, Inc (“Momentum”) recognizes the importance of protecting personal information in a manner consistent with the laws of the countries in which it does business. This Policy Statement (the “Statement”) sets forth the particular privacy principles that Momentum follows with respect to the personal information that it collects from Canadians. This Statement operates in conjunction with the Momentum Privacy Policy. To the extent that this Statement and the Momentum Privacy Policy are inconsistent, this Statement will govern the collection, use and disclosure of personal information collected from Canadians.

1. SCOPE.

This Statement applies to all personal information received by Momentum from Canada, in any format, including electronic, paper or verbal.

2. DEFINITIONS.

For purposes of this Statement only, the following definitions shall apply:

“Agent” means any party that collects or uses personal information under the instructions of, and solely for, Momentum, or as to which Momentum discloses personal information for use on Momentum’s behalf.

“Momentum” means Momentum Transportation USA, Inc

“Personal information” means any personally identifiable information. Personal information does not include information that is anonymized.

3. PRIVACY PRINCIPLES.

CONSENT, COLLECTION AND USE

Momentum identifies the purposes for collecting personal information at or before the time it is collected and informs individuals of the choice and means, if any, Momentum offers individuals for limiting the collection, use or disclosure of their personal information. Momentum will provide individuals with reasonable mechanisms to exercise these choices.

Momentum will not collect, use or disclose your personal information without your informed consent, unless required or permitted to do so by law, or unless otherwise noted in this Statement.

Momentum will only use and/or disclose personal information in accordance with the purpose for which it was collected, unless subsequently consented to, or when required or permitted by law.

If Momentum receives personal information from Momentum Affiliates or other entities in Canada, it will use and disclose such information in accordance with the consent received by such entities at the time of collection and the choices made by the individuals to whom such personal information relates.

ONWARD TRANSFERS

Momentum will obtain assurances from its Agents and any third party to whom Momentum discloses personal information that such Agent and/or third party will safeguard personal information consistently with this Statement. Momentum will enter into a contract with such Agent and/or third party prior to affecting a transfer of personal information, which contract will provide at least the same level of protection as is required by this Statement and by applicable privacy legislation. Where Momentum has knowledge that an Agent and/or third party is using or disclosing personal information in a manner contrary to this Statement, Momentum will take reasonable steps to prevent or stop the use or disclosure of the personal information and/or to obtain the Agent’s and/or third party’s deletion, destruction, anonymization or return of the personal information.

SECURITY

Momentum will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, use, disclosure, alteration and destruction.

DATA INTEGRITY

Momentum will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Momentum will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current. Except as otherwise permitted or required by law, personal information is retained for so long as is reasonably necessary to fulfil the purposes for which it was collected, at which point it is deleted, destroyed, returned or otherwise anonymized.

ACCESS

Upon request, Momentum will grant individuals reasonable access to personal information that it holds about them. In addition, Momentum will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. These requests can be made by contacting Momentum as provided below.

ENFORCEMENT

Momentum will conduct compliance audits of its relevant privacy practices to verify adherence to this Statement. Momentum will use contractual or other means to ensure that its Agents provide a comparable level of protection over your personal information while the information is being processed by such parties.

Only employees whose duties require access to personal information are granted such access, and only to the extent necessary. Employees are accountable for ensuring this Statement is followed at all times. Any employee that Momentum determines intentionally violates this Statement will be subject to disciplinary action up to and including termination of employment.

4. RELATIONSHIP TO OTHER CONTRACTS.

The terms of this Privacy Statement do not affect or amend the terms of any specific contract(s) you have entered or may enter into with Momentum or Momentum Affiliates, and your and Momentum’s (or Momentum Affiliates’) respective obligations thereunder, except as otherwise expressly set forth in such contract(s).

5. GOVERNING LAW AND DISPUTE RESOLUTION.

This Statement, and the handling of personal information under this Statement, is governed solely by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, to the exclusion of any rules of private international law or conflict of laws which would lead to the application of any other laws.

Momentum is based in the state of Florida in the United States. As a result, personal information may be processed, used, stored or accessed in the United States and may be subject to laws of that jurisdiction. For example, information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in these countries. In particular, information that is processed, used, stored or accessed in the United States may be subject to the Patriot Act and applicable anti-terrorism legislation, together with other legislation applicable within the United States.

Any questions or concerns regarding the use or disclosure of personal information should be directed to Momentum at the address given below. Momentum will investigate and attempt to resolve complaints and disputes regarding collection, use and disclosure of personal information in accordance with the principles contained in this Statement.

Any claim or cause of action you may have arising from, connected with, or relating to this Statement or to Momentum’s handling of your personal information, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

6. CONTACT INFORMATION.

Questions, comments or requests related to your use of the Site, regarding this Statement, and Momentum’s information handling policies and procedures should be submitted to Momentum’s Corporate Communications department by mail or e-mail as follows:

By mail: Momentum Transportation USA, Inc, attention: , 4901 Belfort Road, #100 Jacksonville, FL 32256

7. CHANGES TO THIS STATEMENT.

From time to time, Momentum may modify this Statement and its information handling practices at its sole discretion. You are responsible for checking for revisions to this Statement each time you use the Site and, in any event, agree to be bound to changes to this Statement thirty (30) days after such changes have been introduced. Your use of the Site following any such changes constitutes your agreement to follow and be bound by the Statement, as changed, and to its application to all information gathered before and after its effective date.

MEXICO PRIVACY NOTICE

(This Policy Notice was last updated on May 6, 2021)

Momentum Transportation USA, Inc (“Momentum”) recognizes the importance of protecting personal data in accordance with the laws of Mexico. This Privacy Notice sets forth how we collect, use and process personal data in numeric, alphabetical, graphic, photographic, acoustic or any other form concerning an identified or identifiable individual (“Personal Data”). The items contained in this Privacy Notice are required by Mexico’s Federal Law on the Protection of Personal Data Held by Private Parties (“Data Protection Law”), its regulation and other applicable provisions.

Momentum is considered the “Data Controller” pursuant to the Data Protection Law.

We will not collect financial, property or sensitive data from you without your express consent. Sensitive data is information related with state of health, medical history, impairments, medical requirements, allergies, results of psychometric tests, gender, marital status, bank accounts, records and affiliations.

When express consent is required, we will provide you with a simple and free-of-charge means of providing express consent.

If you have a legal relationship with Momentum, your express consent is not required for processing financial, property or other Personal Data as strictly required by for the relationship.

We will not use your Personal Data for any purpose not described in our Privacy Policy.

You may revoke your express consent for the use of your Personal Data at any time by contacting us at Momentum Transportation USA, Inc, attn: , 4901 Belfort Road, #100 Jacksonville, FL 32256 and providing sufficient information so that we can comply with your request. In any case, said application must clearly detail the data or purposes for which your consent is revoked.

Your use of this Site provides consent (tacit or express) for the collection of Personal Data through the technology means discussed in the Privacy Policy. If you do not consent to collection of Personal Data through your use of the Site, DO NOT USE THE SITE.

The Personal Data collected is minimally necessary to provide you with useful information through access to the Site.

Your Personal Data may be transferred to third parties or outside of Mexico to offer you goods or services in accordance with your use of the Site.

Your consent is not necessary when transfers are done to Momentum Affiliates, when transfers are necessary to comply with the obligations derived from the relationship with Momentum.

This Privacy Notice does not apply to corporations or individuals accessing the Site as businessmen and women and professionals.

If Personal Data is collected by technology means (as described in the Privacy Policy) it is presumed to comply with the Quality Principle of the Data Protection Law, until such time as you declare and prove otherwise.

We will retain your Personal Data only as long as necessary to facilitate your use of the Site or services related to the Site.