1.1 Introduction

FreightHero Inc. (“FreightHero”, “we”, “us”, or “our”) is the owner and operator of the FreightHero mobile application (the “App”) and online platform (the “Site”, and together with the App, the “Service”) that enables motor carriers and shipping service providers (each, a “Transporter”) to transact with entities that wish to ship and deliver cargo (each, a “Shipper”). “Transporters” and “Shippers” are collectively referred to as “Users” in this Privacy Policy. The Service provides a marketplace in which Shippers can upload details of a request for shipping services from one or more Transporters (each, a “Transport Request”) and Transporters are provided with an opportunity to bid on the Transport Requests via an auction process on the Service.

This Privacy Policy explains how we collect, use, and disclose the information that Users provide to us through the Service. Our Service is intended for businesses, and we collect, use, and disclose the information covered by this Privacy Policy as business contact information that is provided to us by Users that are acting in a business capacity.

By accessing or using the Service, you signify your acceptance of this Privacy Policy and consent to be bound by the terms and conditions of this Privacy Policy. A User may withdraw their consent to our collection, use, or disclosure of information that constitutes the User’s personal information at any time by contacting our Privacy Officer as directed in section 14, below. If a User chooses to withdraw their consent, we may not be able to provide the User with the Service or any of the opportunities or communications that are available through the Service.

1.Changes to this Privacy Policy

We may make changes to this Privacy Policy at any time. The date that this Privacy Policy was last amended is shown at the top of this Privacy Policy. Each User is responsible for checking if any amendments have been made to this Privacy Policy each time the User accesses or uses the Service. If a User objects to any amendments, the User must stop accessing and using the Service. A User’s continued access to and use of the Service following a change to the Privacy Policy will constitute that User’s consent to collection, use, and disclosure of their personal information as described in the amended Privacy Policy. We will notify Users of any changes to this Privacy Policy when such notice is required by applicable law.

2.Geographic Scope of this Privacy Policy

FreightHero is subject to the Personal Information Protection and Electronic Documents Act (Canada) and other applicable Canadian provincial privacy legislation. As a result, this Privacy Policy has a limited scope and application. Please note that privacy laws vary by jurisdiction and that User information, including personal information, may be transferred across provincial and national borders, and stored or processed in accordance with the terms and conditions of this Privacy Policy.

3.Information we Collect

We collect and maintain different types of information in respect of persons and organizations with whom we interact. This information may include, but is not limited to, the information that is described below.

Information that we Collect from Transporters

We may collect the following information from or about Transporters:

• contact information, such as a Transporter’s name, business name, email address, phone number, and address that are provided when a Transporter creates an account for the Service;
• banking information, such as a Transporter’s bank account number, bank name, institution number, transit number, and the email address and other contact information associated with the Transporter’s bank account for e-transfers;
• information relating to a Transporter’s licences and registrations (e.g., driver’s licence, AZ licence, commercial vehicle operator’s registration, etc.);
• information relating to a Transporter’s driving record, such as a driver abstract including driver identification details, demerit point total, and any active fine suspensions, Highway Traffic Act and Criminal Code of Canada convictions, suspensions, and reinstatements for the past three years;
• information relating to a Transporter’s vehicle(s) that is (are) to be used to provide the Transporter’s services, such as the year, make, model, and licence plate number;
• information relating to a Transporter’s insurance policies and coverages;
• location information in connection with a Transporter’s use of the Service, which is used to track a Transporter’s travel when transporting a load;
• transaction information, including the date(s) and time(s) that a Transporter provides any services;
• information that is contained in any service inquiry, review, or communications between a Transporter and FreightHero or a Transporter and a Shipper, including through the Service; and
• telematics (i.e., data from the truck related to temperature, g-force, pressure, humidity, and imaging) and Controller Area Network Bus data.

Information that we Collect from Shippers

We may collect the following information from or about Shippers:

• contact information, such as a Shipper’s name, business name, email address, phone number, and address that are provided when a Shipper creates an account for the Service;
• contact information for individuals that will be accessing and using the Service on the Shipper’s behalf, such as their name, email address, and business role;
• information relating to a Shipper’s insurance policies and coverages;
• transaction information, including the date(s) and time(s) that a Shipper posts any loads or otherwise transacts with Transporters through the Service; and
• information that is contained in any service inquiry, review, or communications between a Shipper and FreightHero or a Shipper and a Transporter, including through the Service.

Our current payment processor, Stripe, will collect banking and payment information, including payment card numbers, from Shippers in connection with Stripe’s processing of payments by Shippers to be made in connection with the Service. FreightHero does not collect this payment information from Shippers.

Other Information that we Receive from Third Parties

As a general rule, FreightHero collects information directly from Users. In other circumstances, where information that we collect about Users is received from a third party, we will take reasonable steps to ensure that such third party has obtained the User’s permission to disclose that information to us (such permission may be given directly by the User or implied based on the User’s actions). From time to time, we may use the services of third parties and may receive information collected by those third parties in the course of their performance of their services for us or otherwise.

4.Cookies and Other Tracking Technologies

Technical and Usage Information

When a User accesses or uses the Service, we may automatically collect certain information about a User’s access to or use of the Service, including internet protocol (“IP”) addresses. IP addresses are unique numbers assigned by internet service providers to all devices used to access the internet. Web servers automatically log the IP addresses of visitors to their sites. The IP address, on its own, may not identify a User, but can do so when combined with other data, such as the name of the page the User visited and the date and time of the User’s visit, which is automatically collected when a User requests a web page.

When a User accesses the Service, we may collect technical information, which may include the address of the website that the User visited before visiting the Service, the pages of the Service that the User visited, the browser the User used to view the Service, the search terms the User entered on the Service, and other such technical data.

Cookies

We may also use cookies. Cookies are small files that a site or its service provider transfers to a computer’s hard drive through a web browser that enables a site’s or service provider’s systems to recognize the browser and capture and remember certain information. We use the following cookies:

Functionality (Authentication) which will remember Users’ login information and will allow Users to access the Site more easily.

We use cookies to help us understand and save User preferences for future visits and compile aggregate data about Site traffic and Site interaction so that we can offer better Site experiences and tools in the future. We may contract with third party service providers to assist us in better understanding our Site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

Users can choose to have their computer warn the User each time a cookie is set on the User’s device, or Users can choose to turn off all cookies via browser settings on the User’s device. Like with most websites, if a User turns cookies off, some of our services may not function properly.

Device Information

We collect information about the device(s) that Users use to access our Service, including hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information.

5.Purpose for Collection and Use of Information

We collect and use User information for the purposes identified at the time of collection, as otherwise permitted or required by law, and for the following purposes:

• to establish, maintain, and manage our relationship with Users so that we can provide Users with access to and use of the Service;
• to determine whether a User is qualified and verified to be eligible to use the Service;
• to provide Users with the communications, payments, and services they have requested or are entitled to receive through the Service;
• to facilitate the provision of services by Transporters to Shippers in connection with their access to and use of the Service, including by tracking the progress of the performance of a User’s obligations in connection with their access to and use of the Service;
• to understand User preferences and tailor communications and services to Users, and to send information about FreightHero and its partners to Users;
• to screen Users to help ensure that the Service is being accessed and used in accordance with the Terms of Service and applicable laws, including by verifying the information that Users provide to us is active and valid;
• to comply with our legal obligations and regulatory requirements;
• to develop and manage our business and operations, including by conducting market research;
• for billing, accounting, and debt collection services relating to the Service;
• to facilitate payment to Transporters for the access and use of the Service;
• to respond to questions and concerns and to contact Users for administrative purposes;
• to detect and protect us and Users from error, negligence, breach of contract, fraud, theft, or other illegal activity, including to share information with our insurers;
• to create aggregate information for analytics purposes, including to analyze the success, effectiveness, usability, and popularity of the Service;
• to assist with the resolution of disputes or misunderstandings between Users;
• for internal, external, and regulatory audit purposes;
• to correct technical problems and malfunctions related to the Service;
• to enforce our Terms of Service; and
• for any other reasonable purpose to which a User consents.

We may collect User information for research and development purposes; however, we ensure that any information used for those purposes will first be de-identified and aggregated in a manner that will not identify the User.

We may use User information without a User’s knowledge or consent where we are permitted or required to do so by applicable law.

6. Use of Information for Communications

Transactional Communications

We provide communications and notifications for certain activities relating to a User’s access and use of the Service. We will send Users transactional communications such as an email confirmation when they create an account, set/change a password, submit a Transport Request, bid on a Transport Request, or otherwise complete a transaction in connection with the Service. While Users may unsubscribe from marketing communications that are sent (as described below), Users will continue to receive transactional messages from us relating their use of the Service.

Marketing Communications

Unless an exception applies under applicable law, we will rely upon the User’s express or implied consent, as applicable, to send the User news and marketing communications regarding our products and services that are available through the Service and that we believe may be of interest to Users. If at any time a User would like to unsubscribe from receiving future marketing emails, a User may contact us at support@freigthhero.io, and we will promptly remove the User from our marketing correspondence lists. Users can also opt-out of receiving marketing communications through the unsubscribe links provided in the marketing messages we send to Users.

7. Disclosure of Information

How Users may Share their Information

As described in our Terms of Service and this Privacy Policy, Users are permitted to share their information with other Users in connection with their use of the Service.

How we may Disclose User Information to other Users

Since one of our objectives is to connect Transporters and Shippers through our Service, we will share a User’s information with other Users to facilitate each User’s access to and use of the Service. For clarity, FreightHero may share the information that Users disclose and make available as part of their profile, as is reasonably necessary, to facilitate transactions between and among Users. By accessing or using the Service, each User is choosing to share the information that the User provides on or through the Service with other Users.

Disclosure of Transporter Information

If a User is a Transporter, the following information may be shared with a Shipper when a Transporter has been awarded a shipment by the Shipper:

• the Transporter’s most recent CVOR licence and history of valid CVOR licences;
• any other applicable and valid licences held by the Transporter;
• a driver abstract including driver identification details, demerit point total, and any active fine suspensions, Highway Traffic Act and Criminal Code of Canada convictions, suspensions, and reinstatements for the past three years
• applicable and valid insurance coverage;
• the location of the Transporter and the load when it is in transit;
• driver rating that may be provided to the Transporter by Shippers through the Service, as further described in the Terms of Service; and
• basic contact information for Transporter so that Shipper can communicate with Transporter regarding a Transport Request or shipment, such Transporter’s name, phone number, email address.

Shippers may also be able to view any other information that Transporter makes publicly available or viewable on or through the Service.

Disclosure of Shipper Information

If a User is a Shipper, the following information may be shared with Transporters:

• basic contact information including the Shipper’s business name, phone number, email address, business address;
• details about the load when in transit including the locations; and
• the Shipper rating that may be provided to the Shipper through the Services, as further described in the Terms of Service; and
• any other information that Shipper makes publicly available or viewable on or through the Service.

How we may Disclose User Information to Third Parties

We may disclose User information to our affiliates and our respective employees, contractors, consultants, and service providers, including third parties that provide services to us or on our behalf in connection with our management and operation of the Service, who require such information to assist us with managing our relationship with Users. For example, we may retain third party service providers, such as cloud storage services, to help us provide the Service. We may need to transfer information to these third party service providers. We use contractual means to ensure service providers provide safeguards that are comparable to our own while User information is in their possession. We require that these service providers make no independent use of User information.

We may also disclose User information in the following circumstances:

• as described in this Privacy Policy;
• to investigate suspected fraud, harassment, or other violations of any law, rule or regulation, or the policies for the Service;
• to meet or comply with any applicable law, regulation, legal process, audit, or enforceable request from a government agency or regulatory body;
• in connection with a bankruptcy proceeding or the sale, merger, or change of control of FreightHero;
• in the event of a merger, acquisition sale or reorganization, or the potential thereof, we may disclose information about Users to the extent the information is necessary to carry on the business or activity that was the object of the transaction. In the event of a completed transaction, notice will be given to affected Users; and
• for any additional purpose for which we have obtained a User’s consent to disclose their information.

Since we may share User information with third parties, as described in this Privacy Policy, User information may be collected, used, and disclosed outside of the User’s jurisdiction of residence, including in Canada and in the United States. By accessing or using the Service, each User consents to our disclosure of their information outside the jurisdiction in which the User resides or is located. Each User understands and agrees that if the User’s information is collected, used, or disclosed in a foreign country, it may be subject to foreign laws and accessible to law enforcement and national security authorities within that jurisdiction. Each User also acknowledges and agrees we may disclose the User’s information without consent where permitted by applicable law.

8. Payment Processing

We currently use Stripe to process payments made through our Service. If Shipper wishes to make a payment through our Service, the Shipper may need to separately disclose certain personal and payment information to Stripe to complete the transaction. In connection with the processing of transactions, Stripe may contact the Shipper directly and request that the User provide additional information or payment information in connection with its payment processing services. Stripe’s privacy policy can be found here: https://stripe.com/en-ca/privacy

9. Links to Third Party Resources

This Privacy Policy applies only to the personal information that we collect, use, and disclose. We are not responsible or liable for the privacy practices of third parties, and we strongly recommend that each User review each applicable third party’s privacy policy before disclosing any personal information to the third party.

10. Retention and Destruction of Personal Information

We will retain User personal information for as long as is necessary to fulfill the purposes for which the personal information was collected and to comply with legal obligations. The period for which we retain personal information is determined by the type of personal information and the purposes for which the personal information is collected, used, and disclosed. For example, FreightHero retains personal information:

to provide the Service for the lifetime of a User’s account;

in connection with transactions completed through the Service for a period of up to 7 years to comply with legal obligations, including with respect to the payment and withholding of applicable taxes; and

in connection with safety, security, and fraud prevention, or in connection with issues relating to a User’s account such as an unresolved claim or dispute. The period of time that we retain personal information depends on the nature of the information and the purpose for which it is being retained.

Subject to our legal obligations to retain certain personal information, Users may request the deletion of their personal information at any time. Following a deletion request, FreightHero will delete the User’s personal information, unless the personal information must be retained due to legal or regulatory requirements as described in this Privacy Policy. FreightHero may retain de-identified, anonymized, and aggregated information and may use this information for research and development purposes in connection with the Service and its business.

11. Protection of Personal Information

We will endeavour to employ commercially reasonable physical, organizational, and technological security safeguards to protect Users’ personal information based on the sensitivity of the personal information. These safeguards are designed to protect personal information in our possession and under our control against unauthorized access, use, loss, disclosure, copying, modification, disposal, or destruction. At present, the servers on which we store Users’ personal information are located in Canada and the United States.

The security of User personal information is important to us. Users are asked to advise our Privacy Officer immediately of any incident involving the loss or unauthorized access, use, disclosure, copying, modification, disposal, or destruction of their personal information.

12. Accuracy of Information; Access to Information

It is important that the personal information held by us is accurate and complete so that we can give Users better service. We ask that all Users keep us informed of any changes to their personal information. Each User has the right to access and correct the information we have about a User. A User may request access to and correct personal information we have about a User through a written request. Access may be granted once we have authenticated the User’s identity. Subject to legal restrictions or specific rights of refusal, we will inform a User of the existence, use, and disclosure of their personal information (if any) relating to the User and give the User access to that information.

13. Contact

If you have any questions or concerns relating to the manner in which we handle your information, please direct them to our Privacy Officer, listed below. We may need to ask you for certain information to verify your identity.

Email: “mailto:privacy@freighthero.io”

Mail: 530-900 Greenbank Road

Nepean, ON

Canada K2J 4P6

If you choose to communicate with us via email, please be aware that email is not a 100% secure medium for sending any personal or confidential information to us.