Privacy Policy

Thank you for your interest in Performance Team, LLC (“Performance Team”) and our privacy practices. In this Privacy Policy (“Privacy Policy”), “we,” “us” and “our” mean Performance Team and/or its subsidiaries. This Privacy Policy advises users of our website available at www.performanceteam.net (“Site”); those who do business with us and otherwise interact with us, including in connection with our shipping, distribution, and fulfillment activities, in our telephone or email communications with you, in connection with our mobile applications, and on our social media pages; and job applicants (together, “you” or “your”) about the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. This Privacy Policy describes (i) how we collect, use, and disclose personal information you submit or that we obtain (“Personal Information”) when you access or use the public facing portion of our Site or otherwise do business with us; and (ii) options you have with respect to your Personal Information.

If you are a resident of California, please see our California Privacy Statement Section for additional information regarding your privacy rights and Performance Team’s use of your personal information.

THIS PRIVACY POLICY IS A BINDING LEGAL AGREEMENT. BY ACCESSING OR USING OUR SITE, OR SUBMITTING INFORMATION TO US VIA OUR SITE, YOU ACKNOWLEDGE AND AGREE TO OUR USE OF YOUR PERSONAL INFORMATION AS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY IN ITS ENTIRETY, YOU MUST CEASE ACCESSING OR USING THE SITE IMMEDIATELY.

When you visit our Site or otherwise interact with us (including by submitting an employment application; engaging us for distribution, fulfillment, or shipping services; requesting or tracking shipments; calling us; or engaging us for other services), we may collect and process the following categories of Personal Information from or about you. Personal Information means 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, device, or household, such as first and last names, mailing address, e-mail address, telephone number, payment and financial information, transaction details, and order fulfillment details. When you visit our Site or do business with us (as a customer, partner, or vendor):

• Individual Identifiers, such as contact and identification information, including name, email address, postal address, and phone number;);

• Website and electronic usage information (internet or electronic network activity information), including information collected from cookies, web beacons, and similar technologies, when you visit our Site, including for site management, user experience, and advertising purposes, such as the device you use to access our Site, its operating system, internet protocol (IP address), browser type, the pages you view, the links you click, and other actions you take on our Site, within our advertising or e-mail content, and dates and times of activity. More information on the types of cookies and tracking technologies used on our Site, and your choices with regard to the same, can be found below.

• Professional / Employment Information

When you apply to work for us:

• Identification data and contact details, including your name, mailing address, email address, phone number and other contact information, gender, race or ethnic origin, sexual orientation, marital status, military status, date of birth, nationality/ies, national identifiers (such as national ID/password, Social Security Number), physical characteristics or description, and other personal and online identifiers;

• Your application for employment, including your resume, references, and the role you are applying for;

• Your qualifications and experience, including education history and employment experience;

• Details of your residency, citizenship, visa status, and work permit status;

• Health information, physical limitations, and special accommodations needed;

• Where permitted by law and as applicable, the results of (i) criminal background checks; (ii) drug testing; (iii) a general background search; (iv) Social Security Number tracing; (v) a national sex offender registry search; and (vi) a driving record search;

• Results of interviews and assessments; and

• Information required for us to comply with laws, including at the direction of law enforcement authorities or court orders.

Sensitive Personal Information

Certain pieces of the Personal Information we collect may fall under sub-categories relating to sensitive personal information as defined by certain laws (“Sensitive Personal Information”). This information includes information such as your social security number, driver’s license number, state identification card number, passport number; account log-in, financial account, and credit card information; geolocation data; and race or ethnic origin. We only collect and use Sensitive Personal Information as necessary for employment opportunities or to provide you with goods and services, and do not sell or share Sensitive Personal Information.

We use Personal Information primarily for our own internal purposes, as permitted or required by law, as necessary to provide, maintain, evaluate, and improve our Site and the services we offer and sell. For example, we may use your information to:

• Provide the services you or others request, including for accepting, picking up, delivering, and tracking shipments;

• Complete the transactions you have requested, including collecting payment for our services;

• Provide you with an account and manage that account;

• Provide customer or technical support, and respond to communications from you;

• Perform analysis on the data we have collected, such as to track the use of the Site and to assist us in providing, maintaining, evaluating, and improving our Site and services.

We do not sell or share (for cross-context behavioral or targeted advertising purposes, as defined by certain laws) your Personal Information to anyone (including our Customers), except as described in this Privacy Policy. We will share Personal Information to the following limited third parties:

• Our Agents: We may employ other companies and people to perform tasks on our behalf - meaning they are helping us provide our services. We may share your Personal Information with such companies/persons solely as necessary for them to help us provide services. Unless we tell you differently, Performance Team’s agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us.

• With other persons with whom you have requested that we share information, for example, in order to fulfill the services you request.

• In connection with, or during the negotiation of, or during the negotiation of, any change in control, including if we undergo a reorganization, merger, consolidation, acquisition or other restructuring involving all or substantially all of our voting securities and/or assets, by operation of law or otherwise; we become insolvent; if we make a general assignment for the benefit of creditors; if a receiver is appointed for our business or assets; if we becomes subject to any proceeding under any bankruptcy or insolvency law, whether domestic or foreign; or we are liquidated, voluntarily or otherwise.

• We may release Personal Information when we believe in good faith that disclosure is reasonably necessary to comply with applicable law, regulation, subpoena, or other legal process or governmental request; to enforce or apply our conditions of use or other applicable agreements or policies; to protect our rights, property, or security of Performance Team, our employees, our users, or others; or to protect users of our services or the public from harm or potentially prohibited or illegal activities.

You may request to access, update, or in certain cases delete your Personal Information that we have collected, used, or disclosed. You can do so by emailing privacy@performanceteam.net or by contacting us by telephone at (888) 741-2420.

Our Site uses cookies to distinguish you from other users of our Site. A cookie is a small text file (typically made up of letters and numbers) placed in the memory of your browser or device when you visit a website. Cookies allow a website to recognize a particular device or browser. There are several types of cookies used on our Site:

• Session cookies expire at the end of your browser session, and are used to link your actions during that particular browser session;

• Persistent cookies are stored on your device in between browser sessions to remember your preferences or actions across multiple sites;

• First-party cookies are set by our Site; and

• Third-party cookies are set by a third-party website separate from our Site.

Web beacons are small graphic images (also known as “pixel tags” or “clear GIFs”) that may be included on websites, services, applications, messaging, and tools, that typically work in conjunction with cookies to identify user behavior.

Other companies help us with various aspects of our business, such as site operations, services, applications, advertisements, and tools. We use authorized service providers to analyze and improve our Site and marketing efforts. These service providers may also place cookies on your device via our Site (third-party cookies). They may also collect information that helps them identify your device, such as IP-address, or other unique or device identifiers. Third-party cookies are covered by the third parties’ privacy policy.

Cookies can be disabled or removed by tools that are available in most commercial browsers. The preferences for each browser you use will need to be set separately and different browsers offer different functionality and options.

Opting out of our first-party advertising-related cookies, or out of third-party advertising-related cookies and web beacons as described herein, does not necessarily mean that you will not see advertising — only that this advertising will not be targeted to you through the use of first-party or third-party cookies, web beacons, or related technologies.

If you would like to opt out of all other types of technologies we employ or may employ in the future on our Site, you may do so by blocking, deleting, or disabling them as your browser or device permits.

Do Not Track is a privacy preference users may be able to set in their web browsers. When a user turns on a Do Not Track signal, their browser typically sends a message to websites requesting it not track the user. At this time, we do not recognize or respond to Do Not Track signals from a user’s computer, and we do not respond to Do Not Track requests.

It is possible some or all of our third-party advertising partners or members of their affiliate networks may participate in consumer opt-out programs. To learn more about internet-based advertising and consumer opt-out programs go to http://aboutads.info/choices or http://www.networkadvertising.org/choices.

We seek to protect your Personal Information from unauthorized access. Performance Team takes reasonable precautions, including encrypting Personal Information you send to us via the Site using secure socket layer technology (sometimes referred to as “SSL”). Despite our efforts, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, although our systems are monitored for possible attacks and vulnerabilities, we cannot guarantee its absolute security. We urge you to take adequate precautions to protect your Personal Information.

To the maximum extent allowed by applicable law, you agree and acknowledge that we are not liable or responsible for the unauthorized acts of others and we assume no liability or responsibility if any information about you is intercepted, accessed, and/or used by an unintended recipient.

If you have questions about the security of your Personal Information or have reason to believe that the security of your communications or Personal Information has been compromised, please contact us immediately as described below.

We retain Personal Information and other information you make available to us, to fulfill the purposes described above.

We use the following criteria to determine how long to retain your Personal Information:

• Our relationship with you, and the products and services we provide to you;

• Your requests to us regarding your information, our products, or our services;

• Any legal obligations or recommendations to retain the data, or for our own legal purposes (such as enforcing our agreements or litigation); and

• Technical considerations and feasibility and level of protections in place for Personal Information.

Our Site as well as the services we offer and sell are intended for businesses and individuals engaged in commercial shipping, and is not intended for use by children under the age of 16. Accordingly, we do not knowingly collect Personal Information from children under the age of 16. If you are under the age of 16, you should not submit Personal Information on this Site. In addition, we will delete any information in our database we become aware has originated from a child under the age of 16.

If you are a parent or your legal guardian and discover that your child or minor under the age of 16 has submitted or otherwise communicated Personal Information to us, including through the Site, without your consent, please contact us as described below so that we may take appropriate actions to remove the minor’s Personal Information from our systems.

We do not sell or share the Personal Information of anyone, including children under the age of 16.

You may be able to access third-party websites directly from the Site. Please be aware that we are not responsible for the content or privacy practices of other such sites. We cannot control how third parties may use Personal Information you make available to them, so you should be aware when you leave our Site and carefully review the privacy policy of any third-party website you visit before using it or disclosing your Personal Information to its provider.

For California consumers, this Statement is incorporated into and supplements our Privacy Policy with respect to your rights regarding your personal information. All defined terms within the California Consumer Privacy Act of 2018 (“CCPA”), including those defined in Cal. Civ. Code § 1798.140, and the California Privacy Rights Act of 2020 (“CPRA”) apply for the purposes of interpreting this Statement.

Please note that this Statement does not apply to our processing of personal information on behalf of and solely subject to the instructions of other entities.

A. YOUR CALIFORNIA PRIVACY RIGHTS

As a California resident, you may have the following rights:

Transparency / Disclosure of Personal Information We Collect About You

Businesses that collect Personal Information subject to the above listed laws have a responsibility to provide you with notice regarding the categories and types of personal information collected about you (see the “Personal Information We Collect or Receive” section of the Privacy Policy here), the purposes for which the categories of personal information are collected or used (see the “How We Use Personal Information” section of the Privacy Policy here), whether that information is sold or shared, the categories of third parties with whom we share personal information, if any (see the “Categories of Third Parties With Whom We Share Personal Information” section of the Privacy Policy here), whether that information is sold or shared (see the “Categories of Third Parties With Whom We Share Personal Information” section of the Privacy Policy here), and the length of time we intend to retain each category of Personal Information or, if that is not possible, the criteria used to determine that period (see the “Retention” section of the Privacy Policy here), among other information.

Knowledge / Access to Your Personal Information Collected and Disclosed

Subject to certain exceptions, you can submit a request to us for the following information with respect to personal information we have collected about you, including for a business purpose:

• The categories of and/or specific pieces of personal information we’ve collected about you;

• The categories of sources from which we have collected the personal information;

• The business or commercial purposes for which we collected, disclosed, or shared the personal information;

• The third parties with whom we disclosed or shared the information.

Correction of Personal Information

You have the right to correct inaccurate or obsolete personal information that we maintain.

Deletion of Personal Information

Subject to exceptions, and upon your submission of a verifiable request, you have the right to request that we delete your personal information from our records, and to have us direct our service providers delete your personal information from their records. If we cannot grant your deletion request, we will specify the basis for denial.

Freedom from Discrimination

You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA or CPRA. This means we cannot on the basis of the exercise of your rights thereunder, among other things, deny goods or services to you, charge or suggest we will charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; or provide or suggest we will provide a different level or quality of goods or services to you.

Your Right to Opt-Out of the Sale or Sharing of Personal Information

You have the right to opt out of the “sale” of your personal information (i.e., disclosure of personal information to third parties for valuable consideration), or “sharing” of your personal information (i.e., disclosure of personal information to third parties for cross-context behavioral advertising). We do not sell or share personal information. Therefore, we do not provide a right to opt-out of sale or sharing.

Limit the Use and Disclosure of Sensitive Personal Information

We only collect, use, or disclose Sensitive Personal Information as necessary to provide you with goods and services, and do not sell or share Sensitive Personal Information. As a result, we do not, and are not required to, provide a right to limit.

B. HOW TO EXERCISE YOUR RIGHTS

Unless otherwise specified, to exercise any of your rights described in this Statement, please complete a data subject request form available here; call us toll-free at (888) 741-2420; or submit your request to us at one of the following addresses: privacy@performanceteam.net or Performance Team, LLC, ATTN: Privacy, 2240 E. Maple Avenue, El Segundo, CA 90245. We will first acknowledge receipt of your request within 10 business days after receipt of your request. We will provide a substantive response to your request within 45 calendar days after its receipt. If we require more time (up to 90 days or the permitted timeframe), we will inform you of the reason and extension period in writing. Please specify in your request what right you wish to exercise and to what personal information the request relates.

Only you or an authorized agent (as described below) may make a verifiable consumer request related to your personal information.

How to Authorize an Agent

You may designate an authorized agent to make a verified request on your behalf. In order to fulfill your request to know or delete submitted by an authorized agent, you must provide the authorized agent written permission to do so, and you must have taken steps to verify your own identity with us directly.

How We Verify Your Request

To respond to your request, we must verify your identity or the authority of your authorized agent to make the request. We will only use the personal information provided in a verifiable consumer request to verify your identity or the authority of your authorized agent.

To allow us to verify your request, you will need to provide us with at least two pieces of personal information, such as your full name, address, and customer or account number), and proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill). Depending on the sensitivity of the personal information and the risk of harm to the consumer posed by unauthorized deletion or correction, we may need to match additional pieces of personal information to verify the request to a reasonably high degree of certainty. We will verify your consumer request by comparing the information you provide to information already in our possession, and take additional steps to minimize the risk of fraud.

User-enabled privacy controls, such as a browser plugin or privacy setting or other mechanism, that communicate or signal your choice to opt-out of the sale of personal information are considered a request directly from you, not through an authorized agent.

We may charge a reasonable fee or decline to comply with your request if your request is clearly unfounded, repetitive, or excessive. You may only make a data access or data portability request twice within a 12-month period.

C. CALIFORNIA SHINE THE LIGHT

California Civil Code Section 1798.83, also known as “Shine The Light” law, permits California residents to annually request information regarding the disclosure of your personal information (if any) to third parties for the third parties’ direct marketing purposes in the preceding calendar year. We do not discriminate against any person or entity on the basis of their exercising any of the rights afforded by the CCPA and CPRA, which is further in accordance with California residents’ rights under the law. We do not sell or share personal information. Therefore, we do not provide a right to opt-out of sale or sharing.

We may update this Privacy Policy from time to time, in our sole discretion. When we do so, we will post the new Privacy Policy on our Site. You agree to consult this Privacy Policy regularly for any changes. Continued use of the Site following posting of such changes constitutes your acknowledgement of such changes and agreement to be bound by the changes. If you do not agree, you should immediately discontinue your use of the Site. We will at least provide indication in our Privacy Policy by updating the “Last Update” date at the top of this page.

If you have any questions or concerns regarding privacy, you may contact us at the following e-mail or mailing address.

Performance Team, LLC

2240 E. Maple Avenue
El Segundo, CA 90245

privacy@performanceteam.net