IMC Companies, LLC Privacy Policy

Last updated: June 1, 2022

PLEASE READ THIS POLICY CAREFULLY TO UNDERSTAND HOW WE TREAT YOUR PERSONAL INFORMATION AND YOUR RELATED CHOICES AND RIGHTS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, YOU SHOULD NOT ACCESS OR USE OUR SITE OR APP.

THE SITE AND APP ARE INTENDED FOR USERS LOCATED IN THE UNITED STATES, AND THEY ARE NOT INTENDED FOR USERS LOCATED IN OTHER COUNTRIES, INCLUDING THE EUROPEAN UNION AND THE EUROPEAN ECONOMIC AREA.

IMC Companies, LLC, on behalf of each of its subsidiaries and affiliates (collectively, the “Company”), is committed to maintaining robust privacy protections for its users. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use, and safeguard the information you provide to us and to assist you in making informed decisions when using our Service.

This Privacy Policy describes our online and offline practices regarding your personal information, including when you visit (1) our websites, imcc.com, https://brokerage.imcc.com/power/#/power, including any subdomains (collectively, the “Site”); (2) use our web or mobile applications, including the MyDriver App and Power Direct App (collectively, the “App”).

“Service” refers to the Company’s services accessed via the Site or the App.

The terms “we”, “us”, and “our” each refer to the Company.

“You” refers to you, as a user of our Site, App, or our Service.

By accessing our Site, App, or our Service, you accept this Privacy Policy, and you consent to our collection, storage, use, and disclosure of your Personal Information as described in this this Privacy Policy.

1. Information We Collect

Contact Information

When you visit our Site, use the App, or contact us, we may collect or receive your name, company name, mailing address, email address, and telephone number.

Account Information

When you register for an account with us, in addition to your Contact Information, we will receive the password you create as well as other security information for authentication and access. If your account is connected with your employer, we may also receive work-related information, such as your job title and other employment information. We associate your Account Information with your Contact Information. When logged into the App, we will track which resources you view, as well as any ratings or other feedback you provide.

Communications and Questions

If you contact us, including to obtain user support, in addition to your Contact Information, we will receive any comments, content, questions, or other information that you choose to provide.

Applicant Information

If you apply for a job position or submit an inquiry on becoming a driver or carrier with us through our Site, we collect your name, email address, telephone number, mailing address, resume including education and professional history, and any other information you choose to provide, which may include gender or certain race, ethnicity, veteran, or disability status.

Usage/Log Data

When you visit the Site or use our App, we automatically collect information from your browser or device, which includes the date and time of access, your location, your Internet Protocol (IP) address or unique device identifier, your device type, your operating system, your browser type, and information about what pages you visit and how you navigate our Service.

Device Permissions

Users of our mobile applications may grant the following device permissions in the App:

  • Location Services and Information. Location services may be enabled within the App. If enabled, the App will automatically collect geolocational information from your mobile device. You may control the collection of location information through the user settings on your device. If allowed by device permission, collection of location data occurs only when the App is open on your mobile device.
  • Push Notifications. This permission allows the App to send push notifications on your device. If granted, we may send a push notification to alert you of a notification in the App.
Device permission requests are limited to those that are necessary to implement the App. You may change your preferences regarding device permissions at any time by changing the settings on your device. Opting-out will cause the associated features to be disabled in the App.

Cookies and Similar Technologies

We use first-party and third-party cookies and similar technologies for purposes such as to improve Site and App functionality, to measure and track how users interact with the Site and App, and to perform similar analytics. We may also use first-party and third-party cookies and similar technologies on the Site in order to market to you, to track ad-driven activity, and to otherwise tailor our communications with you.

First and Third-Party Cookies

A “cookie” is a small file created by a web server that can be stored on your device (if you allow) for use either during a particular browsing session (a “session” cookie) or a future browsing session (a “persistent” or “permanent” cookie). “Session” cookies are temporarily stored on your hard drive and only last until they expire at the end of your browsing session. “Persistent” or “permanent” cookies remain stored on your hard drive until they expire or are deleted by you. Local shared objects (or “flash” cookies) are used to collect and store information about your preferences and navigation to, from, and on a website. First-party cookies are set by the website you’re visiting, and they can only be read by that site. Third-party cookies are set by a party other than that website.

Other Similar Technologies

In addition to cookies, there are other automatic data collection technologies, such as Internet tags, web beacons (clear gifs, pixel tags, and single-pixel gifs), and navigational data collection (log files, server logs, etc.) that can be used to collect data as users navigate through and interact with a website. For example, web beacons are tiny graphics with unique identifiers that are used to understand browsing activity. In addition, UTM codes are strings that can appear in a URL when you move from one web page or website to another. The string can represent information about browsing, such as which advertisement, page, or publisher sent the user to the receiving website.

Other Third-Party Technologies

Some third parties may use automated data collection technologies to collect information about you when you browse the Internet. The information they collect about your online browsing activities over time and across different websites and other online services may be associated with your personal information and used to provide you with targeted content. We do not control these third parties’ technologies or how they may be used. If you have any questions about targeted content, you should contact the responsible party directly or consult their privacy policies.

Choices About Cookies

Most web browsers are set by default to accept cookies. If you do not wish to receive cookies, you may set your browser to refuse all or some types of cookies or to alert you when cookies are being sent by website tracking technologies and advertising. These settings may affect your enjoyment of the full functionality of the Site or App. In addition, adjusting the cookie settings may not fully delete all of the cookies that have already been created. To delete them, visit your web browser settings after you have changed your cookie settings. Additional information is provided below about how to disable cookies or manage the cookie settings for some of the leading web browsers:

Google Chrome:https://support.google.com/chrome/answer/95647?hl=en
Firefox:https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Internet Explorer:http://windows.microsoft.com/en-GB/windows-vista/Block-or-allow-cookies
Safari:https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac and https://support.apple.com/en-us/HT201265

To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website at:
https://www.macromedia.com/support/documentation/en/flashplayer/help/help09.html

For more information about how to modify your browser settings to block or filter cookies, visit
http://www.aboutcookies.org/

You may learn more about internet advertising practices and related consumer resources at
http://www.aboutads.info/consumers/
http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work
or
http://www.networkadvertising.org/choices

2. How We Use and Share Personal Information

How do we use the information described in this Privacy Policy? To the extent permitted by applicable law, we may use the information described in the “Information we Collect” section above for purposes listed below.

  • Provide you with services, content, customer service, and functionality;
  • Manage your access to and use of our Service;
  • Honor our terms of service and contracts;
  • Process and complete payments and other transactions;
  • Operate and improve our operations, business, services, the Site, and App;
  • Develop new products and services;
  • Improve our customer service;
  • Communicate with you and respond to your feedback, requests, questions, or inquiries;
  • Manage our relationship with you;
  • Maintain our databases and back-ups, including records of our communications with you;
  • Ensure the privacy and security of our App, Site, and Service;
  • Detect fraud and prevent loss;
  • Support and improve the Site and App, including evaluations of functionality and features;
  • Promote our services;
  • Contact you about other products and services;
  • Improve our marketing efforts, including by providing more tailored advertising;
  • Assess the success of marketing campaigns;
  • Invite you to participate in surveys or to personalize your experience with our services;
  • Analyze use of the App, Site, and our services and prepare aggregate traffic information;
  • Provide you with a more personal and interactive experience on the App and Site;
  • Determine and track user interests, trends, needs, and preferences;
  • General business support purposes, including but not limited to procurement, financial and fiscal management, risk and compliance management, and external reporting
  • Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Accomplish any other purpose related to and/or ancillary to any of the purposes and uses described in this Privacy Policy for which your information was provided to us;
  • Accomplish another purpose described to you when you provide the information, for which you have consented, or for which we have a legal basis under law;
  • Comply with federal, state, or local laws;
  • Comply with a civil, governmental, or regulatory inquiry, order, subpoena, summons, or process;
  • Cooperate with law enforcement agencies;
  • Exercise or defend legal rights or claims; and
  • Create, use, retain, or disclose de-identified or aggregated data.

How do we disclose or share the information described in this Privacy Policy? To the extent permitted by applicable law, we may share the information described in the “Information we Collect” section above for purposes listed below.

CategoryDescription
AffiliatesWe may share your information with our subsidiaries and affiliates and with their respective officers, directors, employees, and agents.
Acquisitions and Similar TransactionsWe may disclose your information in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our company assets. If our business is acquired by or merged with another company, your information may be transferred to the new owners.
Disclosures with Your ConsentWe may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this Privacy Policy. We will only disclose your information in this context with your consent.
Legal Obligations and Rights (Subpoenas, Court Orders, and Warrants)We may disclose information in response to subpoenas, warrants, court orders or other legal process, or to comply with relevant laws. We may also share information in order to establish or exercise our legal rights or claims; to defend against a legal claim; and to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our contracts.
Third PartiesWe may provide information about you to third parties that may offer products and services specifically requested by you.
Service ProvidersWe may share information with our service providers that need access to information to provide operational or other support services on our behalf (e.g., for managing or hosting services and/or underpinning technology for the Service we are providing). Among other things, service providers help us to administer the App and the Site; support our operations; provide technical support; send communications to you; provide payment processing; and assist with other legitimate purposes permitted by law.
Professional AdvisorsWe may share your information with our and our affiliates’ insurers, auditors, and professional advisors, including attorneys and accountants, that need access to your information to provide operational or other support services on our behalf.
Deidentified or Aggregated DataWe may disclose aggregated information or de-identified information that does not identify any specific individual, such as groupings of demographic data or customer preferences.

3. How Long do We Store and Use Your Information

We retain and use your information for as long as is necessary to fulfill the purposes for which it was collected, to comply with our business requirements and legal obligations, to resolve disputes, to protect our assets, to operate our business, and to enforce our agreements.

We may delete your information if we believe it is incomplete, inaccurate, or that our continued storage of it is contrary to our objectives or legal obligations. When we delete data, it will be removed from our active servers and databases, but it may remain in our archives when it is not practical or possible to delete it.

To the extent permitted by law, we may retain and use anonymous, de-identified, or aggregated information for performance reporting, benchmarking, and analytic purposes and for operational improvement.

4. How We Protect Information

We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption and firewalls; however, these measures do not guarantee that your information will not be accessed, disclosed, altered, or destroyed by breach of such firewalls and security measures. By using our Site, App, or Service, you acknowledge that you understand and agree to assume these risks.

5. Your Rights Regarding the Use of Your Personal Information

You have the right at any time to prevent us from contacting you for any purpose. When we sent a communication to a user, whether informational or promotional, the user can opt out of further communications by following the unsubscribe instructions provided in each e-mail.

Our goal is to keep your information accurate, current, and complete. If any of the information you have provided to us changes, please let us know via the “Contact Us” details at the end of this Privacy Policy. For instance, if your email address changes, you may wish to let us know so that we can communicate with you. If you become aware of inaccurate personal information about you, you may want to update your information. We are not responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.

California Residents

All terms used in this section shall have the meanings given in the California Consumer Privacy Act (“CCPA”), when applicable. Note, if your information is collected in the context of a business relationship with us, it may not be covered by the CCPA.

     CCPA Notice at Collection. We collect and process personal information for as described in the “Information We Collect” and “How Do We Use and Share Personal Information” sections of this Privacy Policy. The relevant CCPA categories for this information are listed below. We may provide a separate notice at collection if we collect additional information or intend to use information for additional purposes.

CategoryCCPA Categories
Contact InformationFor purposes of the CCPA, Contact Information includes the following categories of personal information:
  • Identifiers
  • Categories Described in the Customer Records Statute
  • Professional or Employment-related Information
Account InformationFor purposes of the CCPA, Account Information includes the following categories of personal information:
  • Identifiers
  • Categories Described in the Customer Records Statute
  • Professional or Employment-related Information
Communications and QuestionsFor purposes of the CCPA, Communications and Inquiries includes the following categories of personal information:
  • Identifiers
  • Categories Described in the Customer Records Statute
  • Commercial Information
  • Audio, Electronic, Visual, or Similar Information
  • Professional or Employment-related Information
Applicant InformationFor purposes of the CCPA, Applicant Information includes the following categories of personal information:
  • Identifiers
  • Categories Described in the Customer Records Statute
  • Characteristics of Protected Classifications
  • Education Information
  • Professional or Employment-related Information
Device and Usage InformationFor purposes of the CCPA, Device and Usage Information includes the following categories of personal information:
  • Identifiers
  • Internet or Other Electronic Network Activity Information
  • Geolocation Data
Device PermissionsFor purposes of the CCPA, Device Permissions includes the following categories of personal information:
  • Identifiers
  • Internet or Other Electronic Network Activity Information
  • Geolocation Data
Cookies and Similar TechnologiesFor purposes of the CCPA, Cookies and Similar Technologies includes the following categories of personal information:
  • Identifiers
  • Internet or Other Electronic Network Activity Information
  • Geolocation Data

     Data Practices During Last 12 Months. The disclosures below describe our data practices during the last twelve months:

  • Personal Information Collected: We have collected the categories of personal information listed below during the preceding 12 months:
    • Identifiers
    • Categories of Personal Information described in the California Customer Records statute
    • Characteristics of Protected Classifications
    • Internet or Other Electronic Network Activity Information
    • Geolocation Data
    • Audio, Electronic, Visual, or Similar Information
    • Education Information
    • Professional or Employment-related Information
  • Categories of Sources: We have collected the personal information identified in this Policy from you, public sources, and third-party sources, including our data partners.
  • Business and Commercial Purposes for Collecting:
    • To provide our products and services to you
    • To provide customer support
    • To ensure the privacy and security of our Site, App, and Services
    • To maintain our databases and back-ups
    • To manage our relationships with you
    • To communicate with you
    • To keep records of our communications with you
    • To operate our business
    • To detect fraud, illegal activities, or security breaches
    • To operate the Site and App,
    • To serve you the content and functionality you request
    • To develop new services
    • To enhance your experience and provide you with a more personal and interactive experience
    • Usage analytics purposes
  • Personal Information Sold: We have not sold categories of personal information during the preceding 12 months.
  • Personal Information Disclosed for a Business Purpose. We have disclosed for a business purpose the categories of personal information listed below during the preceding 12 months. We have disclosed each category of personal information to the following categories of third parties: (1) corporate parents, subsidiaries, and affiliates; (2) advisors (e.g., accountants, attorneys); (3) service providers (e.g., data analytics, data storage, mailing, marketing, website and platform administration, technical support); and (4) operating systems and platforms.
    • Identifiers
    • Categories of Personal Information described in the California Customer Records statute
    • Characteristics of Protected Classifications
    • Internet or Other Electronic Network Activity Information
    • Geolocation Data
    • Audio, Electronic, Visual, or Similar Information
    • Education Information
    • Professional or Employment-related Information

     No Financial Incentive. We do not offer financial incentives or any price or service difference in exchange for the retention or sale of your personal information.

     Do Not Sell My Personal Information. Under the CCPA, you have the right to direct us to stop selling your personal information to third parties and to refrain from doing so in the future. For purposes of the CCPA, we do not sell personal information as defined under applicable law.

     CCPA Requests to Know and Requests to Delete. California consumers have the right to request that we (1) disclose what personal information we collect, use, disclose, and sell, and (2) delete certain personal information that we have collected or maintain. However, there are exceptions. By way of example, these rights do not apply where we collect or sell a consumer’s personal information if: (1) we collected that information while the consumer was outside of California, (2) no part of a sale of the consumer’s personal information occurred in California, and (3) no personal information collected while the consumer was in California is sold. Also, if your information is collected in the context of a business relationship with us, it may not be covered by the CCPA.

     Request to Know. As a California resident, you have the right to request: (1) the specific pieces of personal information we have collected about you; (2) the categories of personal information we have collected about you; (3) the categories of sources from which the personal information is collected; (4) the categories of personal information about you that we have sold and the categories of third parties to whom the personal information was sold; (5) the categories of personal information about you that we disclosed for a business purpose and the categories of third parties to whom the personal information was disclosed for a business purpose; (6) the business or commercial purpose for collecting, disclosing, or selling personal information; and (7) the categories of third parties with whom we share personal information. Our response will cover the 12-month period preceding our receipt of a verifiable request.

     Request to Delete. As a California resident, you have a right to request the erasure/deletion of certain personal information collected or maintained by us. As described herein, we will delete your personal information from our records and direct any service providers (as defined under applicable law) to delete your personal information from their records. However, we are not required to honor a deletion request if an exemption applies under the law.

     Submission Process. You may submit a request to know or to delete via a toll-free telephone call to (833) 334-4622 or by email to legal@imcc.com. If a request is submitted in an incorrect manner or if it is deficient, we will either (1) treat the request as if it had been submitted via the designated manner, or (2) provide you with specific directions on how to submit the request or remedy any deficiencies, as applicable.

     Verification Process. We are required to verify the identities of those who submit requests to know or to delete. To determine whether the individual making the request is the consumer about whom we have collected information, we will verify your identity by matching the identifying information provided by you in the request to the personal information that we already maintain about you. As a part of this process, you will be required to provide your name, address, and telephone number. We will inform you if we cannot verify your identity.

  • If we cannot verify the identity of the person making a request for categories of personal information, we may deny the request. If the request is denied in whole or in part for this reason, we will provide a copy of, or direct you to, our privacy policy.
  • If we cannot verify the identity of the person making the request for specific pieces of personal information, we are prohibited from disclosing any specific pieces of personal information to the requestor. However, if denied in whole or in part for this reason, we will evaluate the request as if it is seeking the disclosure of categories of personal information about the consumer.
  • If we cannot verify the identity of the person making a request to delete, we may deny the request.
  • If there is no reasonable method by which we can verify the identity of the requestor to the degree of certainty required, we will state this in our response and explain why we have no reasonable method by which we can verify the identity of the requestor.

     Authorized Agents. Authorized agents may submit requests via the methods identified in this Policy. If you use an authorized agent to submit a request to know or a request to delete, we may require: (1) the authorized agent to provide proof that you gave the agent signed permission to submit the request; (2) you to verify your identity directly with us; and (3) you to directly confirm with us that you provided the authorized agent permission to submit the request. However, we will not require these actions if you have provided the authorized agent with power of attorney pursuant to the California Probate Code.

     Excessive Requests. f requests from a consumer are manifestly unfounded or excessive, in particular because of their repetitive character, we may either (1) charge a reasonable fee, or (2) refuse to act on the request and notify the consumer of the reason for refusing the request. If we charge a fee, the amount will be based upon the administrative costs of providing the information or communication or taking the action requested.

     Non-Discrimination. You have the right not to receive discriminatory treatment by us due to your exercise of the rights provided by the CCPA. We do not offer financial incentives and price or service differences, and we do not discriminate against consumers for exercising their rights under the CCPA.

     California Shine the Light. Under California Civil Code Section 1798.83, California residents who provide personal information in obtaining products or services for personal, family, or household use may be entitled to request and obtain from us once a calendar year information about the information we shared, if any, with other businesses for direct marketing uses. At present, we do not share your personal information with third parties for those third parties’ direct marketing purposes. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing, if any, will be included in our response. As part of the California Online Privacy Protection Act, all users of our Site may make any changes to their information at any time by contacting us at legal@imcc.com.

6. Links to Other Sites

As part of the Service, we may provide links to or compatibility with other websites or applications; however, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Site, App, and the Service. Therefore, this Privacy Policy does not apply to your use of a third party website accessed by selecting a link on our Site or App or via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them. We cannot and do not (1) guarantee the adequacy of the privacy or security practices employed by or the content and media provided by any third parties or their websites, (2) control third parties’ independent collection or use or your information, or (3) endorse any third-party information, products, services or websites that may be reached through embedded links on the App or the Site.

7. Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”), as well as other data privacy regulations, restrict the collection, use, or disclosure of personal information from and about children on the Internet. Our App, Site and services are not directed to children aged 13 or younger, nor is information knowingly collected from children under the age of 13. No one under the age of 13 may access, browse, or use the App or the Site or provide any information to or on the App or the Site. If you are under 13, please do not use or provide any information on the App or the Site (including, for example, your name, telephone number, email address, or username). If we learn that we have collected or received personal information from a child under the age of 13 without a parent’s or legal guardian’s consent, we will take steps to stop collecting that information and delete it. If you believe we might have any information from or about a child under the age of 13, please contact us via the “Contact Us” details provided at the end of this Privacy Policy.

For more information about COPPA, please visit the Federal Trade Commission’s website at: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.

8. Changes to Our Privacy Policy

The Company reserves the right to change this Privacy Policy at any time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.

9. Contact Us

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us using the information below.

In Writing:IMC Companies, LLC
1305 Schilling Blvd. West
Collierville, TN 38017
By Phone:(833) 334-4622
By Email:legal@imcc.com