Applicant and Driver Privacy Notice

1. Purpose and Scope of This Notice

This Applicant and Driver Privacy Notice (“Notice”) explains how LANDWAY INC. (“LANDWAY,” “Company,” “we,” “us,” or “our”) collects, uses, and discloses personal information about individuals who apply, or are considered, for a driving or non-driving position with LANDWAY, or who are otherwise submitted to LANDWAY as a candidate by a recruiting partner.

This Notice supplements, and should be read together with, the LANDWAY Privacy Policy available at www.landwayinc.com. Where this Notice and the general Privacy Policy differ with respect to applicant or driver information, this Notice controls.

2. Who This Notice Covers

• Individuals applying for a commercial driver position with LANDWAY (“Driver Applicants”).
• Individuals applying for an office, administrative, or other non-driving position with LANDWAY (“Office Applicants”).
• Individuals whose information is submitted to LANDWAY by an external recruiting agency or staffing partner, where LANDWAY works with such partners.

This Notice is directed to individuals who are at least 18 years of age, consistent with LANDWAY’s hiring requirements.

3. Information Collected at the Initial Application Stage

When you submit an initial inquiry or application through the LANDWAY website, we collect only preliminary information, generally limited to: your name, phone number, email address, desired position or route, general driving or work experience, and a general summary of employment history. This initial information is currently recorded and stored in an internal, access-limited company file (such as a spreadsheet on our company Google Drive) pending review by our recruiting team.

We do not collect Social Security numbers, driver’s license numbers, medical information, drug or alcohol testing results, or similarly sensitive information at this initial stage.

4. Information Collected Later in the Full Application Process

If you proceed further in the hiring process, LANDWAY (directly or through a designated application system) will request additional information necessary to evaluate your candidacy and, for driver positions, to comply with DOT/FMCSA requirements. Depending on the position, this may include:

• Full legal name, date of birth, Social Security number, and government-issued identification.
• Commercial driver’s license (“CDL”) number, class, endorsements, and state of issuance.
• Detailed driving record and employment history (which, for CDL positions, DOT regulations may require covering up to the prior 3 or 10 years, depending on the record type).
• Motor vehicle record (“MVR”) and, where applicable, your crash and roadside inspection history obtained by LANDWAY directly from the Federal Motor Carrier Safety Administration (“FMCSA”) through the Pre-Employment Screening Program (“PSP”), with your separate written consent.
• Results of required drug and alcohol testing, and medical certification information necessary to determine qualification to operate a commercial motor vehicle.
• Information obtained through a consumer report or background check, as described in Section 6.
• Information queried from the FMCSA Drug & Alcohol Clearinghouse, as described in Section 7.
• References and information provided by prior employers.

This additional information is collected through a separate, more restricted process than the initial website form, and you will be provided with the specific disclosures and authorization forms required by law (including under the FCRA and FMCSA regulations) before this information is collected or a background check is performed.

5. How We Use Applicant and Driver Information

• To evaluate your qualifications and suitability for a driving or office position.
• To verify your identity, driving record, employment history, and eligibility to work.
• To comply with DOT and FMCSA requirements applicable to commercial drivers, including driver qualification file requirements.
• To communicate with you about your application, including by phone, email, and text message, consistent with any consent you provide.
• To conduct background checks where legally authorized and consented to.
• To consider you for other current or future openings with LANDWAY, unless you tell us not to.
• To maintain required personnel and driver qualification records if you are hired.

6. Background Checks

LANDWAY may obtain a background check (consumer report) about you from StarPoint Screening (520 East Zaragoza St., Pensacola, FL 32502; www.starpointscreening.com), a third-party consumer reporting agency, in connection with your application. If LANDWAY engages an additional or different consumer reporting agency in the future, this Notice will be updated, and you will be provided with that agency’s name.

Before any background check is requested, you will receive a standalone disclosure and will be asked to provide written authorization, as required by the federal Fair Credit Reporting Act (“FCRA”) and applicable state law. If information in a background check may lead LANDWAY to decline to hire you or to take another adverse action, you will be provided with a pre-adverse action notice, a copy of the report, and a summary of your rights under the FCRA, along with an opportunity to dispute inaccurate information before a final decision is made. If LANDWAY proceeds with an adverse action, you will receive a final adverse action notice.

7. Pre-Employment Screening Program (PSP)

For driving positions, LANDWAY is registered directly with the Federal Motor Carrier Safety Administration’s Pre-Employment Screening Program (“PSP”) and may obtain your crash history (up to 5 years) and roadside inspection history (up to 3 years) directly from FMCSA. This is separate from, and obtained independently of, the background check LANDWAY obtains through StarPoint Screening described in Section 6.

Federal law (49 U.S.C. § 31150) requires LANDWAY to obtain your specific written or electronic consent, using language prescribed by FMCSA, before requesting your PSP record. You will be asked to sign a standalone PSP consent document for this purpose; it is separate from, and in addition to, the Background Check Authorization and the Driver Application Certification and Authorization.

8. FMCSA Drug & Alcohol Clearinghouse

For CDL driver positions, federal law requires LANDWAY to query the FMCSA Drug & Alcohol Clearinghouse regarding prior drug and alcohol program violations before allowing an individual to perform safety-sensitive functions. Pre-employment queries are “full queries” under FMCSA regulations and require your specific electronic consent entered directly through the Clearinghouse system — this is separate from, and in addition to, any consent or acknowledgment you provide on the LANDWAY website or application form, and separate from the PSP consent described in Section 7.

LANDWAY will direct you to complete the required Clearinghouse consent as part of the full driver application process.

9. Who Has Access to Your Information

• LANDWAY personnel involved in recruiting, hiring, and safety compliance, on a need-to-know basis.
• StarPoint Screening, the consumer reporting agency engaged to conduct background checks.
• The Federal Motor Carrier Safety Administration (FMCSA), from which LANDWAY obtains PSP crash and inspection history directly under LANDWAY’s own PSP account registration — this is separate from, and not handled by, StarPoint Screening or any other vendor.
• LANDWAY’s insurance provider, where relevant to underwriting or claims.
• DOT, FMCSA, and other regulators, and law enforcement, where required by law.
• Our email/SMS communications provider (SendSay) and website hosting provider, solely to deliver communications and operate our systems.
• External recruiting agencies or staffing partners, only if and when LANDWAY begins working with such partners under a written agreement; this Notice will be updated accordingly.

LANDWAY does not sell applicant or driver personal information, and does not share it with third parties for those third parties’ own independent marketing purposes.

10. Information Received From External Recruiters

If your information is submitted to LANDWAY by an external recruiting agency or staffing partner, LANDWAY relies on that partner’s representation that it obtained your information lawfully and, where applicable, with your knowledge and consent to share it with prospective employers such as LANDWAY. If you believe your information was submitted to LANDWAY without proper authorization, please contact us using the information in Section 13.

11. Retention of Applicant and Driver Information

• Applications that do not result in hire: retained for up to 2 years from the date of application, after which the information is deleted or de-identified, unless you ask us to keep you under consideration for a shorter or longer period, or a longer period is required by law.
• Driver qualification files and personnel records for hired drivers: retained for the duration of employment plus the period required by DOT/FMCSA recordkeeping regulations (generally up to 3 years following separation, or longer where required).
• Background check reports: retained only as long as necessary for the purpose obtained, consistent with the FCRA and our agreement with the consumer reporting agency.
• FMCSA Clearinghouse query records: retained consistent with FMCSA recordkeeping requirements.

12. Your Choices

• You may withdraw your application at any time by contacting us using the information in Section 13.
• You may request that LANDWAY delete your application information, subject to any legal or recordkeeping obligations that require us to retain certain records (for example, driver qualification files for hired drivers, or records related to an active background check dispute).
• You may ask that LANDWAY not consider you for other openings beyond the position you applied for.
• You may opt out of text message communications at any time by replying STOP, and out of recruiting email communications using the unsubscribe link or by contacting us directly.

13. Contact Us

If you have questions about this Notice or wish to exercise any of the choices described above, please contact us at: