Privacy Notice

Effective Date: April 4, 2022

One of Flexport’s key values is to Empower our Clients and our goal is to empower you with this Privacy Notice (“Privacy Notice”) to explain how Flexport, Inc., and its affiliates and subsidiaries (including but not limited to Flexport Capital LLC, Flexport Customs LLC, Flexport International LLC, and Transmission LLC) and each of their directors, officers, employees, and authorized representative (collectively, "Flexport") collects, uses, discloses, and applies the information collected when you use or access our online websites (such as https://www.flexport.com/ and https://www.transmissionapp.com/), products, services, or applications (collectively, the “Flexport Services”).

By using the Flexport sites, the Flexport Services, or interacting with us, you are agreeing to this Privacy Notice. Please read the following carefully to understand how we collect, use, and maintain your personal information. In addition, it describes your choices for use, access, and correction of your personal information.

Changes to this Notice

We may change this Privacy Notice from time to time. In the event we make changes, we will notify you by revising the “Last Updated” date at the top of this Privacy Notice. If there are significant changes to this Privacy Notice, we will attempt to notify you directly by email or provide information via our home page prior to changes becoming effective. We encourage you to review our Privacy Notice whenever you use Flexport Services to stay informed of ways you can protect your privacy.

Your Consent

When we collect information about you other than through our websites, we will first obtain your permission to do so, if and as required by applicable law. However, by using Flexport’s websites on which this notice is posted, you agree that this notice governs our collection, use, and disclosure of your personal information submitted to us on or through the websites. If you do not agree to be bound by this notice, you will need to deactivate your account and stop using the Flexport Services.

Information Collected

Flexport collects information about you from various sources and methods. You may choose to submit information to us, via our website, in connection with the use of our products, services or applications software, when you participate in an offer or promotion, or in connection with an actual or potential business relationship with us. We also may obtain information about you from companies that use our products or services, publicly available information systems, consumer reporting agencies, and commercial information services. Below are the types of information we may collect:

• Registration Information: We obtain information to create a profile for you with information such as name, email address, phone, and company name, etc. (California Consumer Privacy Act of 2018 (Cal. Civ. Code sections 1798.100-1798.199) (“CCPA”) category of personal information: 1798.140(o)(1)(A).)
• Log Information: We retain information about you when you access and use the Flexport services. This information can include the following: IP address, timestamps, browser information, Internet Service Provider “ISP”, Web Pages visited, and URL of the Web Page you visited before navigating to Flexport. (CCPA category: 1798.140(o)(1)(F).)
• Usage Information: We monitor user activity in connection with Flexport Services and may collect information about the applications and features you use, websites you visit, as well as types and amount of Flexport Services you use. (CCPA category: 1798.140(o)(1)(F).)
• Crash or error information: If the Flexport services crash or return an error, we may collect data to determine the cause of the error using first or third party services. The crash or error information collected may include the following: Device Internet Protocol (“IP”) address, device name, operating system version, application configurations(s), the time and date, and other statistics. (CCPA category: 1798.140(o)(1)(F).)
• Shipment Information: We store information which allows us to provide logistical services through our Flexport core application. We obtain information including but not limited to:
  • Shipment contact information (such as name, postal or email address, and phone or fax number) (CCPA category: 1798.140(o)(1)(A).)
  • Business contact information (such as job title, department and name of organization) (CCPA category: 1798.140(o)(1)(I).)
  • Government-issued identification documents (such as a driver's license or other required documents to verify your identity for the purposes of conducting customs business on your behalf) (CCPA category: 1798.140(o)(1)(A).)
  • Country of origin information (from which country you are accessing the website) (CCPA category: 1798.140(o)(1)(F).)
  • Financial information (such as financial account information used for payment purposes and/or information that may be contained in a consumer report) (CCPA category: 1798.140(o)(1)(D).)
  • Contact information for colleagues, business partners or other people you would like us to contact (CCPA category: 1798.140(o)(1)(A).)
  • Content you provide (such as photographs, articles and comments) (CCPA category: 1798.140(o)(1)(A).)
  • Mobile device unique identifier (CCPA category: 1798.140(o)(1)(F).)
  • Geo-location data (CCPA category: 1798.140(o)(1)(G).)
  • Other information (such as language preference)
• Job Applicant Information: We obtain information about you when you apply for a job or other role withus, which may include personal identifiers (CCPA category: 1798.140(o)(1)(A), professional or employment-related information (CCPA category: 1798.140(o)(1)(I), and education information(CCPA category: 1798.140(o)(1)(J).

Please note: In the U.S. we may use Plaid Technologies, Inc. (“Plaid”) to gather your data from financial institutions in order to provide you with Flexport Services. The services may include, the use of Plaid in processing your payments, provide you with payment terms and/or provide you with our services. By using our service, you grant us and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy available at https://plaid.com/legal.

Cookies

Like many other websites, our website may use "Cookies" or "Other Technologies" (such as "pixel tags," "web beacons,""clear GIFs", links in emails, JavaScript, device IDs assigned by Google or Apple, or similar technologies) to collect information and support certain features of our website. (CCPA category: 1798.140(o)(1)(F).) Cookies and Other Technologies allow us and third parties to obtain information about your visits to our site, including analyzing your visiting patterns. Although you are not required to accept cookies when you visit our websites, you may be unable to use all of the functionality of our sites if your browser restricts our cookies.

We use this information to process your requests and to deliver online and mobile advertisements, messages and content for us and others that are specific to your interests. The information we collect from your web browser and from Cookies and Other Technologies does not identify you personally but in some cases, we may link it to personally identifiable information.

Below we explain the different types of cookies that may be used on the site.

Necessary Cookies

Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies. Disabling these Cookies may make the services and features unavailable.

Preference Cookies

Preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region you are in. Some Preference cookies are essential to viewing maps or videos on our website.

Session Cookies

These types of cookies are stored only temporarily during a browsing session and are deleted from your device when you close the browser. We use session cookies to support the functionality of the website and to understand your use of the site—that is, which pages you visit, which links you use and how long you stay on each page.

Statistics Cookies

Statistics cookies help collect information about your use of the website and enable us to improve the way it works. These cookies give us aggregated information that we use to monitor site performance, count page visits, spot technical errors, see how users reach the website, and measure the effectiveness of marketing (including emails).

Flexport processes anonymous statistics about visits to the website. This is done with a web analysis system. Among other things, the following data are stored via cookies in the web analysis system:

• the IP address
• technical features such as the browser you use (such as Chrome, Safari, Internet Explorer or Firefox) and the resolution of your computer screen
• from which page you came to the Flexport website
• when and for how long you visit or use the Flexport website
• whether you use functionalities of the Flexport website or Flexport App
• which pages you visit on the Flexport website and which screens of the Flexport App you are viewing.

Marketing Cookies

Marketing cookies are used to show users display advertisements across websites such as those on Facebook, Linkedin or general web. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third-party advertisers. We do not display ads for any services besides our own.

Unclassified Cookies

Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.

Choice

We offer you the choice in receiving communications from us, generally by offering an "opt in" or an "opt out" option, depending on applicable law, when you provide contact information through one of our websites. Additionally, we include an "unsubscribe" link in our electronic newsletters or promotional emails. These options allow you to inform us on how you want to receive communications.

When accepting the terms of use/end user license agreement for applications software, you must opt in to allow the collection of data from your mobile device in order for the applications software to work properly.

You may opt out of behaviorally targeted ads anytime by clearing your cache of your browser's cookies. Additionally, you may opt-out of interest-based advertising from some third-party partners by visiting http://preferences-mgr.truste.com/, http://www.youronlinechoices.eu, or the third-party provider’s websites. Please note that opting-out will only prevent targeted ads so you may continue to see generic (non-targeted ads) after you opt-out.

We may also obtain information from third parties and combine with information we collect through the Flexport Services. We may have access to certain information from a third-party social media service if you create or log into your online account through the service or otherwise provide us with access to information from the service. Any access that we may have to such information from a third-party social media service is in accordance with the privacy notice and authorization procedures determined by the social media service. We protect data obtained from third parties according to the practices described in this notice, plus any additional restrictions imposed by the other sources of the data.

Some browsers offer a “do not track” (“DNT”) option. Since no common industry or legal standard for DNT has been adopted by industry groups, technology companies or regulators, we do not respond to DNT signals. We will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

Processing

By accessing or using the Flexport Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries and territories, which may have different privacy laws from your country of residence.

Accountability for Onward Transfer

Flexport remains responsible for personal information that is shared under the Onward Transfer Principle of EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield with third parties for external processing on our behalf as described in the “Information We Share” section.

These transfers are also governed by the Standard Contractual Clauses as published by the European Commission. We comply with applicable legal requirements providing adequate protection for the transfer of personal information to countries outside of the EEA or Switzerland including the Data Protection Directive 95/46/EC and, as of May 25, 2018, the General Data Protection Regulation (GDPR).

Use of Your Information

We may use the information collected for the limited purpose of providing the Flexport Service and related functionality and services, as described in this Privacy Notice and as permitted by applicable laws. These limited purposes include circumstances where it is necessary to provide or fulfill Services requested by or for you or where you have given us your express consent.

We may use the information we obtain about you to:

• provide the information, products and services you request;
• provide you, if you are a client, with effective customer service;
• provide our customers and carriers with shipment information such as location;
• provide you with a personalized experience when you use our website;
• contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);
• contact you with information and notices related to your use of our products and services, including our website;
• invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us);
• better understand your needs and interests;
• publish research and analysis of i) trade, trade patterns, and ramifications of trade and trade patterns; ii) supply chain trends, supply chain patterns, and ramifications of supply chain trends and patterns; iii) the economic impact related to the same; and (iv) other issues generally related in any way to all aspects of the transportation industry worldwide;
• improve our products and services and develop new products and services;
• improve our marketing and promotional efforts;
• improve the content, functionality and usability of the website;
• evaluate your interest in employment and contact you regarding possible employment with Flexport;
• help you, if you are a Flexport employee, perform your job functions and to manage our workforce;
• enforce our websites' terms of use;
• promote security; to protect against and prevent fraud, claims and other liabilities; and to manage corporate risk exposure;
• meet our internal and external audit obligations; and
• use for any other purpose for which we provide notice at the time of collection.

Information We Share

Information shared with third parties in accordance with this Privacy Notice includes some or all of the personal information we collect (as described and listed in this Privacy Notice, and includes the following CCPA categories of personal information 1798.140(o)(1)(A), (D), (F), (G), and (I). We do not sell or otherwise disclose personal information we collect about you, except as described herein or otherwise disclosed to you at the time the data is collected. We share information to perform activities that you request. We may share the personal information we collect with our affiliates, or to cooperate with an authorized law enforcement or regulatory investigation. In addition, we may share personal information with other third parties with the consent of the individual to whom the information pertains.

Service Providers

If you are performing services directly or indirectly for us and using an application provided by us, then we may collect information for the purpose of providing information to our carriers and customers. We may also share your personal information with third-party vendors that perform tasks on our behalf and under our instruction. These third-party vendors may use your personal information only in connection with the services they perform on our behalf and they are bound to protect your personal information in a manner consistent with our own policies and practices. On our website, you may have an opportunity to post user-generated content using social networking tools available on those sites. If you take advantage of this opportunity, remember that the user-generated content you post is available to others who visit the website and therefore you should have no expectation of privacy with respect to such content. In addition, you may choose to use certain features on our website for which we partner with other entities. These features, which may include social networking and geographic location tools, are operated by third parties that are not affiliated with Flexport. These third parties may use personal information in accordance with their own privacy policies. On sites on which these features are offered, the relevant third parties are identified. We strongly suggest you review the third parties' privacy policies if you use the relevant features.

Legal Disclosures

We may also disclose information about you when we, in good faith, believe disclosure is appropriate to comply with the law, a court order, or a subpoena. We may also disclose information about you to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of our website;to enforce or apply our websites' terms of use or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others. We will attempt to notify users about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority.

Change of Control

We also reserve the right to transfer information about you to a successor organization if, we transfer the ownership or operation of one of our websites to another organization or if we merge with another organization. If such a transfer occurs, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner consistent with this policy. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.

Security

Flexport takes security seriously and has implemented administrative, physical, and technological measures to protect your information from unauthorized access, loss, misuse, disclosure, alteration and destruction. If you wish to report a security concern or if you have a question around security, please submit your inquiry to privacy@flexport.com.

Policy Regarding Children

The Flexport Services is directed to individuals at the age of 18 and over. We do not knowingly collect personal data from individuals under the age of 18 (“Children”). If we become aware of individuals who have provided us with personal data and are under the age of 18, we will take steps to deactivate the account and delete the personal data. If you become aware of information from individuals under the age of 18 which has been provided to Flexport, please contact us at privacy@flexport.com.

Promotional and Newsletter Communications

Flexport newsletters and marketing emails include the option to opt-out of receiving any further emails. You may also opt-out of receiving specific promotional emails by emailing privacy@flexport.com. Flexport may still send non-promotional communications such as security alerts, product updates, or notices related to our ongoing business relationship.

California Residents

Under California law, California residents have certain rights with respect to personal information. This Privacy Notice lists the categories of personal information that Flexport collects and discloses for a business purpose and includes references to corresponding categories of personal information outlined in the California Consumer Privacy Act of 2018 (CCPA). Flexport does not “sell” (as defined in CCPA) personal information to third parties or otherwise provide personal information to third parties for their direct marketing purposes. To exercise your rights under California law or other rights you may have (outlined in the “Your Privacy Rights” section of this Privacy Notice), please contact us by emailing privacy@flexport.com or calling (888) 351-1536 (Toll Free).

Community Forums and Blogs

Our website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal data from our blog or testimonials, contact privacy@flexport.com.

Testimonials

We display personal testimonials of satisfied customers on our website in addition to other endorsements. With your consent, we may post your testimonial along with your name.

Your Privacy Rights

You have certain rights regarding the personal information we maintain about you. We offer you certain choices about what personal data we collect from you, how we use that information, and how we communicate with you. If at any time you wish to exercise your rights, please reach out to privacy@flexport.com:

• Information and access: You can request to see which personal data we process from you. We can inform you on how and why we process this data unless restricted by law, or if we are unable to verify your identify.
• Submitting information: You may refrain from submitting information directly to us, although doing so may impact our ability to provide the products, services, and information you request and/or affect your ability to use Flexport Services.
• Rectification: You may request to update or correct the personal data we maintain for you.
• Right to be forgotten/request deletion: You may request deletion of your personal data. We may ask you for additional information to verify your identity and will process your request subject to and in accordance with law.
• Restriction: You may request the limitation on the processing of your personal data.
• Restricting cookies: You may elect not to have a unique cookie identification number assigned to your computer to avoid aggregation and analysis of data collected on our websites. Generally, if you do not wish to receive cookies, you may set your browser to deny cookies or to alert you when a cookie is placed on your computer.
• Objection: You may remove your consent for the processing of your personal data.
• Transferability: You may request to transfer your personal data.

EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield

For the services listed in the “Privacy Shield Scope” section below, Flexport complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union, the United Kingdom, and Switzerland, as applicable, to the United States in reliance on Privacy Shield. Flexport has certified to the Department of Commerce that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the terms in this notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

Privacy Shield Scope

Flexport and each of its U.S. subsidiaries (Flexport Capital LLC, Flexport Customs LLC, Flexport International LLC, and Transmission LLC) adhere to the principles of the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework with respect to the personal data submitted by Flexport’s customers in reliance on Privacy Shield.

Personal Data Retention

Flexport will retain information required to comply with privacy requests, manage active accounts, as required by law, in order to resolve disputes or enforce our agreements. We will retain personal data we process on behalf of our clients as directed by them. We may also retain copies of your information for disaster recovery purposes.

Links to Third Party Websites

We may place links on the Flexport Services. When you click on a link to a third party website from our website, your activity and use on the linked website is governed by that website’s policies, not by those of Flexport. We encourage you to visit their websites and review their privacy and user policies.

U.S. Federal Trade Commission Enforcement

Flexport’s commitments under Privacy Shield are subject to the investigatory and enforcement powers of the United States Federal Trade Commission.

Privacy Inquiries and Complaints

In compliance with the Privacy Shield Principles, Flexport commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact Flexport at: privacy@flexport.com

Flexport has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/privacy-shield-complaints/ for more information and to file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction

In addition, you have the right to lodge a complaint with the applicable supervisory authority for privacy in your jurisdiction.

Contacting Us

Any questions about this Privacy Notice should be addressed to privacy@flexport.com or to our mailing address:

Flexport, Inc.
Attn: Privacy Team
760 Market St, 8th Floor
San Francisco, CA 94103
USA

Flexport has appointed a Data Privacy Officer.

The privacy officer contacted at DPO@flexport.com.