Privacy Policy

Your privacy is important to Werner Enterprises, Inc. and its affiliates (NASDAQ: WERN, referenced within this Privacy Policy as “Werner,” “we,” “us,” or “our”). We developed this Privacy Policy to provide you with information concerning our personal data collection and usage through services provided to customers through Werner, including Werner’s Final Mile division (“Services”). This Privacy Policy exclusively governs our privacy and security practices concerning Personal Information (as that term is defined herein) which is provided to Werner by a customer pursuant to our Services. For the avoidance of doubt, this Privacy Policy does not govern Personal Information collected through use or visits to our sites or use of our apps (collectively, “Site” or “Sites”), even if the Sites contain information about Services.

“Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. “You” and “your” refers to the person reading this Privacy Policy, which may include Werner customers.

This policy applies to information we collect through the Services and via email, text, and other electronic messages between you and Werner.

• PERSONAL INFORMATION COLLECTED, PROCESSED, AND DISCLOSED BY WERNER (INCLUDING SOURCES, PURPOSES, AND THIRD PARTY RECIPIENTS)
• THIRD-PARTY PRIVACY PRACTICES
• CHILDREN’S PRIVACY
• RETENTION OF PERSONAL DATA
• PROTECTING YOUR PERSONAL INFORMATION
• YOUR PRIVACY RIGHTS, INCLUDING CALIFORNIA AND EUROPEAN PRIVACY RIGHTS
• COOKIES AND TRACKING TECHNOLOGIES
• THIRD-PARTY MARKETING
• BIOMETRIC DATA
• CROSS-BORDER TRANSFERS OF PERSONAL INFORMATION
• DATA CONTROLLER
• PRIVACY POLICY UPDATES
• HOW TO CONTACT US
• Please click here for the Werner Privacy Policy that applies to residents of Canada

I. PERSONAL INFORMATION COLLECTED, PROCESSED, AND DISCLOSED BY WERNER (INCLUDING SOURCES, PURPOSES, AND THIRD-PARTY RECIPIENTS)

The table below includes the categories of Personal Information that Werner has collected within the last twelve (12) months through the provision of the Services, as well as categories of Personal Information Werner currently collects or reasonably anticipates collecting moving forward. For each category of Personal Information, the table also identifies: (1) the sources from which such categories of Personal Information have been or may be collected; (2) the business or commercial purposes for which such categories of Personal Information have been or may be collected; and (3) the categories of third parties with which Werner has shared or may share such categories of Personal Information.

CATEGORIES OF PERSONAL INFORMATION COLLECTED

• Identifiers, such as your name, postal address, or other similar identifiers
• Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as your name, postal address, telephone number, or other similar identifiers. Some Personal Information included in this category may overlap with other categories.
• Internet or other similar network activity, such as your search history, browsing history, login information, and IP addresses on Werner’s information systems and networks.

SOURCES, PURPOSES, AND THIRD PARTY RECIPIENTS

SOURCES
(i.e., categories of sources from which such Personal Information was or may be collected)

• Potential and actual customers
• Services used to monitor the use of our premises, equipment, devices, computers, network, application, and similar resources
• Invoicing and accounting vendors
• Website analytics service providers
• Data and backup service providers
• Other service providers
• Governmental entities
• Publicly available information

PURPOSES
(i.e., business or commercial purposes for which such Personal Information was or may be collected)

• Providing products, transportation and logistics solutions, requested information, and support
• Processing orders, shipments, and Final Mile deliveries to consumers
• Business management, analysis, and reporting
• Performing our obligations and enforcing our rights arising from contracts, including for billing and collections
• Conducting investigations to detect and prevent malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for such activity
• Protecting our legal interests and meeting our legal obligations (e.g., Responding to law enforcement requests and as required by applicable laws, court orders, or governmental regulations

THIRD-PARTY RECIPIENTS
(i.e., categories of third parties with which Werner has shared or may share such Personal Information for a business or commercial reason)

We may share your Personal Information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the Personal Information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, Werner has disclosed Personal Information for a business purpose to the categories of third parties indicated below.

• Our subsidiaries and affiliates
• Our independent contractors, service providers, and subcontractors
• Third parties involved in an actual or potential merger, acquisition, or other reorganization
• Governmental entities
• Litigants, court personnel, and providers of litigation-related services

A. NO SALE OF PERSONAL INFORMATION

Werner has not sold Personal Information for any business or commercial purpose at any point in time during the twelve (12) months prior to the effective date of this Privacy Policy. Werner similarly does not sell any Personal Information of minors under 16 years of age under any circumstances, including with or without affirmative authorization. Werner does not and will not sell Personal Information

B. LEGAL GROUNDS FOR COLLECTING AND PROCESSING PERSONAL INFORMATION

CONSENT. The legal ground for processing your Personal Information that we collect when you provide us with specific permission to do so, is your consent, which you may withdraw at any time by clicking on any unsubscribe link that we provide or contacting us via one of the submission methods noted in Section (VI)(C)(1).

CONTRACTUAL NECESSITY. We may process your Personal Information when it is necessary to enter into a contract with you or when it is necessary for the performance of a contract to which you are a party (e.g., processing credit card details in order to effect payment).

COMPLIANCE WITH LEGAL OBLIGATIONS. We also may conduct certain Personal Information processing activities for purposes of meeting our legal obligations (e.g., our regulatory retention obligations).

VITAL INTERESTS. Under special circumstances (e.g., in connection with natural disasters or emergency situations), we may need to process your Personal Information in order to protect the vital interests of you or other individuals.

LEGITIMATE INTERESTS. The last legal ground for processing the Personal Information that we collect for purposes identified in the table above are Werner’s legitimate interests in providing products and services; providing quality support to customers and potential customers; providing customers and potential customers with marketing materials to promote our services and products; providing customers with secure sites for project collaboration and file sharing; maintaining compliance with applicable laws and regulations; and understanding how our customers interact with our products and services so we can enhance the experience and functionality of our products and services.

II. THIRD PARTY PRIVACY PRACTICES

We cannot and do not control the privacy and security practices of our customers or third party contractors who may collect Personal Information pursuant to the performance of the Services. If you are interested in information concerning privacy and security practices any of the customers or third party contractors, please directly review such party’s privacy policy.

III. CHILDREN’S PRIVACY

Our Services are not directed to individuals under the age of 16. We do not knowingly collect or use any Personal Information from users under 16 years of age. No Personal Information should be submitted by individuals under 16 years of age. If we learn that we have collected Personal Information from someone under 16, we will take steps to delete the Personal Information as soon as possible.

IV. RETENTION OF PERSONAL INFORMATION

Werner will retain your Personal Information for the duration of time necessary to fulfill the purposes for which your Personal Information was originally collected or received and to meet our legal obligations.

V. PROTECTING YOUR PERSONAL INFORMATION

We implement technical and organizational measures designed to assist in maintaining the security, integrity and confidentiality of Personal Information; safeguarding against anticipated threats to the confidentiality, integrity, and availability of Personal Information; and protecting your Personal Information against accidental or unlawful destruction, loss, alteration, and unauthorized access or disclosure.

However, whenever Personal Information is processed, there is a risk that such data could be lost, misused, modified, hacked, breached, and/or otherwise accessed by an unauthorized third party. No system or online transmission of data is completely secure. In addition to the technical and organizational measures that we have in place to protect your Personal Information, you should use appropriate security measures to protect your Personal Information. If you believe that any Personal Information you provided to us is no longer secure, please notify us immediately at [email protected].

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Services like message boards. The information you share in public areas may be viewed by any user of the Services.Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

VI. YOUR PRIVACY RIGHTS, INCLUDING CALIFORNIA PRIVACY RIGHTS

A. CALIFORNIA PRIVACY RIGHTS

California residents have certain rights under California law (“California Law”), which gives California residents (“consumers” or “you”) certain rights and control over their Personal Information. Terms used in this Section, but not otherwise defined, will have the same meaning as those terms in California Law.

This section of our Privacy Policy applies solely to Site visitors, users, and other persons whose personal information we collect and/or maintain who reside in the State of California.

If you are a California resident, you may have the following rights, where applicable and subject to any applicable exceptions:

• You have the right to request that we disclose information about the Personal Information we collect, use, disclose and/or sell concerning you, including
• The categories of Personal Information we collected about you.
• The categories of sources for the Personal Information we collected about you.
• Our business or commercial purpose for collecting or selling that Personal Information.
• The categories of third parties with whom we share that Personal Information.
• If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
  • sales, identifying the Personal Information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
  • The specific pieces of Personal Information we collected about you (also called a data portability request).

• You have the right to request the deletion of Personal Information we have collected or maintain about you, subject to any exceptions set forth in California Law or related regulations. 
• You have the right to direct any business that sells your Personal Information not to sell your Personal Information. 
• You have the right to not receive discriminatory treatment for exercising your rights. 
• You have the right to request that we limit the use and disclosure of your sensitive Personal Information.  
• You have the right to correct your Personal Information. 
• You have the right to opt out from any business sharing your Personal Information.

B. OTHER PRIVACY RIGHTS

If you are located outside of California, you may have privacy rights under your local laws.

Colorado, Connecticut, Utah, and Virginia residents may have certain rights under their respective state laws.  First, you have the right to request that we disclose information about the personal information we collect, use, disclose and/or sell concerning you. Second, you have the right to correct your Personal Information.

Appeal. You may also have the right to appeal Werner’s decision to decline to take action regarding your request if the states laws where you reside provide for that right.  If your state’s privacy law provides an appeal right, you may appeal Werner’s decision by utilizing the “Exercise Privacy Rights” methods below within a reasonable period of time after you receive Werner’s decision.

C. EXERCISING PRIVACY RIGHTS

Residents of certain states that are also Werner employees or independent contractors receive separate rights under their state laws, as set forth in the Employee Privacy Policy (available on WeConnect) covering the Personal Information that Werner collects and uses within the context of their roles as employees or contractors. Questions related to the Employee Privacy Policy may be emailed to: [email protected].

This Policy does not apply to workforce-related Personal Information collected from employees, contractors, or similar individuals (Associates should see the Associate Privacy Policy or on the media manager of drivers tablets.

1. SUBMITTING REQUESTS TO EXERCISE PRIVACY RIGHTS

To exercise your rights described in this Privacy Policy, please submit a verifiable consumer request to us through one of the following methods:

• SUBMISSION METHODS:
  • Calling us at 1-800-228-2240 (press 0 for the operator, and ask for the Associate General Counsel)
  • Write us at the following address: Werner Enterprises, Inc., Attention: Associate Corporate Counsel, 14507 Frontier Road, Omaha, NE 68138
  • Or, submit the web form linked here (https://www.werner.com/privacy-policy-request/).

• SPECIAL PROCESS FOR DELETION REQUESTS: To help ensure that none of your information is inappropriately deleted, we utilize a two-step process for requests to delete Personal Information. First, you must submit a clear request to delete in writing. Second, if we can confirm your identity and a clear relationship or collection of your information we may contact you separately, and you must confirm to us that you do, in fact, want your Personal Information deleted.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the Personal Information, provide an item or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.o Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
  o Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
• We will delete or deidentify Personal Information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

• SUBMISSION CONTENTS: Requests to exercise your privacy right(s) via the submission methods noted above should include the following information:
• Your name;
• The country in which you currently reside, and if in the United States, the state in which you currently reside;
• Your relationship with Werner (i.e. employee, customer, contractor driver).
• Details that will assist us in responding to your request, including:
  • If you are exercising access rights, the information to which you are requesting access;
  • If you are exercising deletion rights, the information for which you are requesting ‘deletion;
  • Any other relevant information about your Personal Information and/or the right you are exercising; and
  • A phone number and/or email address at which we can reach you.

2. DESIGNATING AN AUTHORIZED AGENT TO MAKE A REQUEST

Only you or a person that you authorize to act on your behalf may make a verifiable consumer request related to your Personal Information. If desired, and allowed under your state’s privacy law, you may designate an authorized agent to make a verifiable consumer request on your behalf by submitting such request to us via email at [email protected] with “Request for Authorized Agent” in the subject line. Before responding to such a request, we will require your authorized agent to verify his/her authority and identity.

3. VERIFICATION OF REQUESTS

Before responding to your request to exercise your rights, we will verify your identity through reasonable verification measures. If we have a password-protected account with you, we may verify your identity through our existing authentication practices for your account. If you are requesting the disclosure or deletion of Personal Information, we will require you to re-authenticate yourself before disclosing or deleting your Personal Information.

Our verification processes also may include requiring you to provide answers to questions pertaining to the information we have on file for you (e.g., your account number); requesting confirmation of the request using your email address on file; or calling the phone number we have on file for you to confirm the request.

If we cannot verify your identity based on information we already have, we may request additional information from you. If this is necessary, we will only use the additional information for purposes of verifying your identity and for fraud-prevention. And if we are unable to reasonably verify your identity (and thus unable to comply with your request), we will advise you why that is the case.

4. DISABILITY ASSISTANCE

We are committed to ensuring that this Privacy Policy is accessible to everyone.  Individuals with difficulty accessing information in this Privacy Policy are encouraged to contact us via one of the submission methods noted in Section (VI)(C)(1).

5. RESPONSE TIMING AND FORMAT

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact [email protected].

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the twelve (12)month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

6. NON-DISCRIMINATION

We will not discriminate against you for exercising any of your California Consumer Privacy Act (“CCPA”) rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

VII. THIRD PARTY MARKETING

We do not disclose or sell Personal Information to third parties for their direct marketing use.

VIII. BIOMETRIC DATA

Werner may collect biometric data from individuals associated with Werner such as employees (“Associates”). Werner will not collect biometric data from Associates without the Associate consenting to collection of such data.

Biometric data defined: “Biometrics” or “biometric data” means any information, regardless of how it is captured, converted, stored, or shared by Werner, that is based on an individual’s physical characteristics that can be used to identify such person, including fingerprints, voiceprints, facial shape, or scan of hand or face geometry, among other things.

Purpose for collection of biometric data: Werner may only collect biometric information from Associates and is used solely for employment-related purposes such as access to Werner devices and systems, identification, and fraud and accident prevention. Werner will not sell, lease, trade, or otherwise profit from Associates’ biometric data.

Biometric data storage: Werner will store any biometric data collected in accordance with applicable standards and laws and in accordance with Werner policies governing the collection and storage of personal information.

Biometric data retention: Werner shall retain biometric data until the first of the following events to occur (each a “Terminating Event”): the initial purpose for collecting or obtaining such biometric data has been satisfied; or within 3 years of the employee’s last interaction with Werner. In any case, biometric data will be deleted from Werner’s systems promptly after an occurrence of a Terminating Event in accordance with Werner’s customary practices.

(https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en).: Associates may contact Werner to receive a copy of the Biometric Information Privacy Policy, which describes the information above in greater detail. The Biometric Information Privacy Policy will also be made available to Associates on WeConnect (under Human Resources, Policies, Procedures, and Guidelines) or on the media manager of drivers tablets.

IX. CROSS-BORDER TRANSFERS OF PERSONAL INFORMATION

When we receive your Personal Information, your Personal Information may be stored on servers in the United States, or Mexico (if possible, though some subcontractors require access and storage outside the United States). If you are located outside the United States, your Personal Information may be transferred to us in the United States. The data protection and privacy laws of the United States may not be as comprehensive as the laws in your country. For example, Personal Information transferred to the United States may be subject to lawful access requests by federal and state authorities in the United States. Any transfers of Personal Information from the European Union or the United Kingdom are made pursuant to European Commission-approved Standard Contractual Clauses, which are available at the following link (https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en).

X. DATA CONTROLLER

Werner, headquartered at 14507 Frontier Road, Omaha, NE 68138, is the controller of Personal Information that is used by Werner for business purposes and is either received directly from Werner’s customers, applicants, and other Site Users, or collected by or on behalf of Werner (e.g., through our Sites and authorized third parties).

• If your Personal Information is controlled by Werner, you may contact us via one of the submission methods noted in Section (VI)(C)(1).
• If your Personal Information was collected by or on behalf of one of Werner’s customers or service providers, then such Personal Information collection and usage is controlled by that customer or service provider, with Werner assisting such customer as a service provider (i.e., processor).
• If your Personal Information is controlled by one of Werner’s customers, you should review the customer’s or service provider privacy policy, and you may contact the customer or service provider directly with any questions.

XI. COOKIES AND TRACKING TECHNOLOGIES

A cookie is a small data file that a website places in your web browser to remember information about you. We use some cookies and tracking technologies for purposes which are necessary for your use of our website, products, or services. These may include technologies which remember your preferences and settings; information that you may enter online; or to keep you logged in to our offerings. With your consent, we may also use cookies and tracking technologies for other purposes.

Strictly-necessary cookies and technology. These are cookies and other technologies that are required for the operation of our website, our products, and our services, and therefore cannot be turned off. You can set your browser or device to block or alert you about these cookies, but functionality may be impaired. These cookies do not store any Personal Information. These cookies are used solely for the purpose of carrying out or facilitating the transmission of a communication and are strictly necessary to provide you with the information service you have expressly requested. The use of these cookies for the purposes described above is based on our legitimate interest to ensure your access to and the proper technical functioning of our website, products, and services that you have expressly requested.

Analytical/Performance cookies. Where you have permitted the use of performance cookies, we use tools such as Google Analytics or Segment to collect statistical information about how our website and services are used. Such analytics services involve the use of cookies that collect information such as your IP address or other identifiers, browser information, and information about the content you view and interact with to record how you use the website, our products, and services. These analytics services help us count users, identify popular offerings, and track the demographics and interests of our users.

Targeting cookies. These cookies record your activity on our site or using our services including the pages you have visited and the links you have followed. We may use this information to make our content more relevant to you to measure the effectiveness of our marketing. We may also share this information with third parties for this purpose. These are also optional cookies, although if you do not allow these cookies, you will experience less targeted advertising.

Session viewing and replay technologies. Using session viewing and replay technologies, we may collect information about your interaction with our services such as mouse movements, clicks, page visits, text entered, how long you spent on a web page, and other details of your actions on our Sites. By using Werner’s Sites you consent to Werner recording the contents of your communications with Werner via the Sites (such as through these session viewing and replay technologies).

Your Choices: Managing Your Preferences

When you first visit our website you will be presented with a banner which offers you a choice about whether to accept or reject cookies or tracking technologies of different types, with the exception of those cookies which are strictly necessary for a particular service.

If you wish, you can also choose how web browser cookies are handled by your device via your browser settings. Some devices allow you to control this through your device settings. If you choose not to receive cookies at any time, websites may not function properly and certain services will not be provided. Each browser and device are different, so check the settings menu of the browser or device to learn how to change your settings and cookie preferences.

You need to manage cookie settings on your browsers’ settings.  You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website.

XII. PRIVACY POLICY UPDATES

By using the Service, you agree that the Personal Information you provide will be collected, used, and disclosed in accordance with this privacy policy. We will publish any changes to our privacy policy on this page so that you are always informed of what information we collect, how we use it, and under what circumstances we share it. Privacy policy changes will apply to the information collected from the date we post our revised privacy policy, as well as to existing information we hold.

We will update this Privacy Policy at least once every twelve (12) months. We also may update this Privacy Policy from time to time as we add new services or offerings; as we improve our current services and offerings; and as technologies and laws change. It is our policy to post any changes we make to our Privacy Policy on our Sites. Any changes will become effective upon our posting of the revised Privacy Policy on the Sites. The date this Privacy Policy became effective is identified at the top of the first page. If we make material changes to how we treat the Personal Information that falls within the scope of this Privacy Policy, we may notify you by email or through a prominent notice on the homepage of our Site.

XIII. HOW TO CONTACT US

If you have any questions about this Privacy Policy or our privacy practices, any complaints or any need for assistance relating to your Personal Information, you may contact us via one of the submission methods noted in Section (VI)(C)(1) of this policy.

XIV. FORUM SELECTION, CHOICE OF LAW, ARBITRATION, AND CLASS ACTION WAIVER

Any claim or litigation relating to this Privacy Policy, or relating to any communication through the Sites, shall be resolved by arbitration as addressed below.  Should any filings be required, you submit to the exclusive jurisdiction of the State or Federal Courts within the State or District of Nebraska located in Douglas County and such claim shall be subject to Nebraska law. By using our Sites you hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Any dispute, controversy or claim arising out of, relating to or in connection with the Privacy Policy, including the breach or validity thereof, shall be finally resolved by arbitration in Omaha, Nebraska. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. You agree to arbitrate solely on an individual basis, and that this Privacy Policy does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal’s power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of this Section will remain in force.

Privacy Policy for Residents of Canada
(not including Quebec)

Last Revised: 9/23/2024

INTRODUCTION

Werner Enterprises, Inc. and its affiliates and subsidiaries, including NEHDS Logistics LLC dba Werner Final Mile and Werner Enterprises Canada Corporation (collectively ”Company”, “us” or “we”) respect your privacy and are committed to protecting it by complying with this Privacy Policy for Residents of Canada (“Policy”).

This Policy describes:

• How we collect, use, disclose, and protect the personal information of our customers and Website users (”you”).
• The types of information we may collect from you or that you may provide when you visit the website werner.com or finalmile.werner.com (our “Website”) or otherwise interact with us as described below.
• Our practices for collecting, using, retaining, protecting, and disclosing that information.
• Your rights with respect to your personal information and how you can contact us if you have any questions or complaints about this Policy or our privacy practices or require assistance relating to your personal information.

We will only use your personal information in accordance with this Policy unless otherwise required or permitted by applicable law. We take steps to ensure that the personal information that we collect about you is adequate, relevant, not excessive, and used for limited purposes.

Privacy laws in Canada generally define “personal information” as any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single natural person.

This Policy applies to information we collect, use, or disclose about you:

• On our Website.
• Through off-line activities, such as when you request services from the Company or otherwise communicate with us by phone, email or otherwise.
• In email, text, and other electronic messages between you and our Website.
• Through mobile and desktop applications you download from our Website, which provide dedicated non-browser-based interaction between you and our Website.
• When you interact with our advertising and applications on third-party websites and services if those applications or advertising include links to this Policy.

This Policy does not apply to personal information of employees, applicants for employment, etc., which are governed by separate policies.

The Website may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. If you follow a link to a third-party website or engage a third-party plugin, please note that these third parties have their own privacy policies and we do not accept any responsibility or liability for these policies. We do not control these third-party websites, and we encourage you to read the privacy policy of every website you visit.

Please read this Policy carefully to understand our policies and practices for collecting, using, disclosing, retaining, storing, protecting and otherwise processing your information. If you do not agree with our policies and practices, your choice is not to use our Website or request or use our services. By accessing or using our Website and/or requesting our services, you indicate that you understand, accept, and consent to the practices described in this Policy. This Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Website or our services after we make changes indicates that you accept and consent to those changes, so please check the Policy periodically for updates.

INFORMATION WE COLLECT ABOUT YOU

We collect or may collect several types of information from and about you, including:

• Personal information, that we can reasonably use to directly or indirectly identify you, such as your name, mailing address, e-mail address, telephone number, Internet protocol (IP) address used to connect your computer to the Internet, user name or other similar identifier, billing and account information, fax number, delivery address, and any other identifier we may use to contact you or to provide our services (”personal information”).
• We provide an opportunity for any user to opt-out of contact for marketing purposes on an ongoing basis by e-mailing [email protected].
• Non-personal information, that does not directly or indirectly reveal your identity or directly relate to an identifiable individual, such as statistical or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal information. For example, we may aggregate personal information to calculate the percentage of users accessing a specific Website feature.
• Non-personal details about your Website interactions, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Website (including date and time), products or services you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, or any phone number used to call our customer service number.

HOW WE COLLECT INFORMATION ABOUT YOU

We use different methods to collect your information, including through:

• Direct interactions with you when you provide it to us, for example, by filling in forms or corresponding with us by phone, email, or otherwise.
• Automated technologies or interactions, as you navigate through our Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
• Third party service providers, may provide information about individual customers or users (e.g., service providers and/or business partners (such as carriers and customs brokers assisting with delivery services, payment processors, etc.).
  

Information You Provide to Us

The information we collect directly from you, including on or through our Website, may include:

• Information that you provide by filling in forms for us, whether submitted on our Website or through other means. This includes information provided at the time of requesting delivery services, or requesting further services.
• Records and copies of your correspondence or communications (including your name, email addresses, phone numbers and the nature or content of such communications), if you contact us. Phone calls may be recorded for quality assurance and/or training purposes).
• Details of transactions you carry out through our Website or otherwise with the Company and of the fulfillment of your orders or requests for services. You may be required to provide financial or billing information before placing an order or requesting services.

Information We Collect Through Cookies and Other Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use cookies or other automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). To learn more or to opt-out of tailored advertising please visit Digital Advertising Alliance of Canada Opt-Out Tool for information on how you can opt out of behavioral tracking on this Website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically [is statistical data and does not include personal information] [is statistical information and may include personal information] [is statistical information that includes personal information], and we [may] maintain it or associate it with personal information we collect in other ways[, that you provide to us,] or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings that are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
• Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third Party Use of Cookies and Other Tracking Technologies

Some content or applications on the Website, including advertisements, are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioural) advertising or other targeted content.

You can opt-out of several third party ad servers’ and networks’ cookies simultaneously by using an opt-out tool created by the Digital Advertising Alliance of Canada or an opt-out tool created by the Network Advertising Initiative. You can also access these websites to learn more about online behavioural advertising and how to stop websites from placing cookies on your device. Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.

We do not control these third parties’ tracking technologies or how they are used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For more information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Website and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill the purposes for which you provided the information or that were described when it was collected.
• To carry out our obligations and enforce our rights arising from any contracts with you, including for billing and collection or to comply with legal requirements.
• To notify you about changes to our Website or any products or services we offer or provide though it.
• To improve our Website, products or services, marketing, or customer relationships and experiences.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent, or as required or permitted by applicable law.

DISCLOSURE OF YOUR INFORMATION

We may disclose personal information that we collect or you provide as described in this Policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business (such as customs brokers, third party carriers assisting with deliveries, and analytics and search engine providers that assist us with Website improvement and optimization) and who are contractually obligated, among other things, to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this Policy. In accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our customers and users is among the assets transferred.
• To fulfill the purpose for which you provide it. For example, if you give us your name, address and phone number to facilitate delivery of an item, we will transmit that information and any other relevant information to the customs broker and carrier assisting with the delivery.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law.
• To enforce or apply our terms and conditions (including, as applicable, our Website Terms & Conditions – Werner Enterprises) 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 the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
• As otherwise required or permitted by applicable law.

TRANSFERRING YOUR PERSONAL INFORMATION

We may transfer personal information that we collect or that you provide as described in this Policy to contractors, service providers, and other third parties we use to support our business (such as customers brokers, third party carriers assisting with deliveries, and analytics and search engine providers that assist us with Website improvement and optimization) and who are contractually obligated, among other things, to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this Policy.

We may process, store, and transfer your personal information outside of your province or territory, including in and to a foreign country (such as the United States), with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this Policy and applicable Canadian privacy legislation.

You are welcome to contact us to obtain further information about the Company’s policies regarding service providers outside of Canada. See Contact Information and Challenging Compliance.

By submitting your personal information to the Company or engaging with our Website, you consent to this transfer, storage, or processing.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this Website may not be accessible or may not function properly. For more information about tracking technologies, see Information We Collect Through Cookies and Other Automatic Data Collection Technologies.
• We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of several third party ad servers’ and networks’ cookies simultaneously by using an opt-out tool created by the Digital Advertising Alliance of Canada or an opt-out tool created by the Network Advertising Initiative. You can also access these websites to learn more about online behavioural advertising and how to stop websites from placing cookies on your device. Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.
• In addition, you have the right to withdraw your consent to our collection, use and disclosure of your personal information in certain circumstances. See Withdrawing Your Consent.

DATA SECURITY

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss or theft, and from unauthorized access, use, alteration, and disclosure. We store all information you provide to us behind firewalls on our secure servers. Any payment transactions will be encrypted.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

DATA RETENTION

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. Subject to applicable law, we reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

CHILDREN UNDER THE AGE OF 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information about yourself to us, including your name, address, telephone number, email address, or mailing address. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected]

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.

If you want to review, verify, correct, or withdraw your consent to the use of your personal information you may send us an email at [email protected] to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information in certain circumstances, including if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

We will provide access to your personal information, subject to exceptions permitted by applicable law.
If you are concerned about our response or would like to correct the information provided, you may contact our Associate General Counsel at [email protected].

WITHDRAWING YOUR CONSENT

Where you have provided your consent to the collection, use, and disclosure of your personal information, you may have the legal right to withdraw your consent under certain circumstances. Such right may be subject to legal or contractual restrictions and reasonable notice. To withdraw your consent, if applicable, contact us at [email protected] (including information on your order or interaction with the Company). Please note that if you withdraw your consent we may not be able to provide you with the product or service you requested. We will explain the impact to you at the time to help you with your decision.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our Policy on our Website. We include the date the Policy was last revised at the top of the page. You are responsible for periodically visiting our Website and this Policy to check for any changes.

CONTACT INFORMATION AND CHALLENGING COMPLIANCE

We welcome your questions, comments, and requests regarding this Policy and our privacy practices. Please contact us at:

email at [email protected]
By mail at Werner Enterprises, Inc.
Attn: Associate General Counsel
14507 Frontier Rd.
Omaha, NE 68138

We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information, our compliance with this Policy, and with applicable privacy laws. To discuss our compliance with this Policy please contact our Associate General Counsel using the contact information listed above.

If you are not satisfied with our response to your complaints or inquiries, you may also have the right to file a complaint with or ask for a review by the federal or applicable provincial privacy commissioner, subject to any conditions set out in applicable privacy laws.