Privacy Policy

1. Introduction

To Exceed, LLC (“To Exceed,” “we,” “us,” or “our”) operates and manages this recruiting landing page on behalf of Mercer Transportation. (“Mercer,” or the “Client”).

This page allows individuals to express interest in employment opportunities advertised by Mercer Transportation. We collect information through this page on Mercer Transportation’s behalf and transmit that information to Mercer Transportation and recruiters authorized to recruit for Mercer Transportation.

The information submitted through this page is intended only for Mercer Transportation and its authorized recruiting personnel. We do not use a submission made through this page to apply an individual for employment with To Exceed or with an unrelated employer.

To Exceed provides advertising, landing-page management, applicant lead collection, analytics, recruiting support, and related services to Mercer Transportation. To Exceed is not the prospective employer and does not make final hiring decisions.

This Privacy Policy explains:

• What information we may collect;
• How we may collect information, including from partially completed forms;
• How we and Mercer Transportation may use the information;
• Who may receive the information;
• How telephone calls may be monitored or recorded;
• How analytics, cookies, and related technologies may be used;
• How long information may be retained;
• What privacy rights and choices may be available; and
• How to contact To Exceed or Mercer Transportation with questions.

By accessing or using this recruiting page, you acknowledge the practices described in this Privacy Policy. When applicable law requires separate or affirmative consent, consent may be requested through the recruiting form, a telephone recording notice, a cookie tool, or another appropriate method.

2. Information May Be Collected From Partially Completed Forms

We may collect information as you enter it into a form on this page, even when you do not click “Submit,” “Send,” “Apply,” or a similar button.

For example, if you enter your name, telephone number, email address, ZIP code, or employment qualifications and then leave the page before submitting the form, some or all of that information may still be received and retained.

We may use partially completed form information to:

• Preserve form progress;
• Identify and correct technical problems;
• Measure where prospective applicants discontinue the form;
• Evaluate the effectiveness of the landing page;
• Prevent duplicate, fraudulent, or automated submissions;
• Improve the prospective applicant’s experience;
• Determine whether recruiting assistance or follow-up may be appropriate; and
• Contact an individual about the Mercer Transportation opportunity when permitted by applicable law and the disclosures presented on the form.

You should not begin entering information into the form unless you are comfortable with the collection and use described in this Privacy Policy.

3. Scope of This Privacy Policy

This Privacy Policy applies to information we collect through or in connection with:

• This Mercer Transportation recruiting landing page;
• Forms displayed on the landing page;
• Partially completed forms;
• Advertisements that direct users to this page;
• Telephone numbers associated with the recruiting campaign;
• Emails and text messages related to inquiries generated through this page;
• Follow-up communications involving To Exceed or Mercer Transportation recruiters;
• Google Analytics, cookies, server logs, and similar technologies; and
• Recruiting results or lead-quality information that Mercer Transportation or its recruiters provide to us.

This Privacy Policy does not necessarily govern information independently collected through:

• Mercer Transportation’s main corporate website;
• A formal Mercer Transportation driver application;
• A separate applicant-tracking system;
• A job board;
• A social media platform;
• Google or another advertising or analytics provider;
• A background-check provider;
• A motor vehicle record provider;
• A drug or alcohol testing provider;
• A medical examination provider; or
• Another website or service that we do not operate as part of this recruiting campaign.

Those organizations and services may maintain their own privacy policies and terms.

4. The Roles of To Exceed and Mercer Transportation

To Exceed

We operate and manage this landing page and process prospective applicant information on behalf of Mercer Transportation.

Our activities may include:

• Designing and maintaining the landing page;
• Managing advertisements for Mercer Transportation recruiting owner operators;
• Operating or connecting recruiting contact forms;
• Collecting information from completed and partially completed forms;
• Routing prospective applicant information to Mercer Transportation;
• Storing information in recruiting, customer relationship management, or lead-management systems;
• Supporting telephone, email, or text-message follow-up;
• Measuring advertising and landing-page performance;
• Evaluating the quality of recruiting leads;
• Reviewing call and lead outcomes;
• Identifying duplicate, incomplete, fraudulent, spam, or misdirected inquiries; and
• Providing recruiting and advertising reports to Mercer Transportation.

We do not make final hiring decisions for Mercer Transportation.

Mercer Transportation

Mercer Transportation is the company advertising the available freight and support for owner operators and the intended recipient of prospective applicant information collected through this page.

Mercer Transportation and its authorized recruiters may:

• Review information submitted by prospective drivers;
• Determine whether an owner operator appears to meet minimum requirements;
• Contact prospective applicants;
• Ask additional qualification questions;
• Conduct interviews;
• Direct qualified individuals to a formal sign on application;
• Make lease and contract decisions;
• Retain information for current or future Mercer Transportation openings; and
• Use information for lawful recruiting, hiring, safety, compliance, and recordkeeping purposes.

5. Information We May Collect

A. Contact Information

We may collect:

• First name;
• Last name;
• Telephone number;
• Email address;
• ZIP code;
• City;
• State; and
• Preferred method or time of contact.

B. Employment and Commercial Driver Information

Depending on the advertised position, we may collect:

• Whether you possess a commercial driver’s license;
• CDL class or license status;
• Years or months of commercial driving experience;
• Recent driving experience;
• Type of driver position sought;
• Company driver, team, solo, lease-purchase, owner-operator, or recent-graduate status;
• Equipment or freight experience;
• Dry van, refrigerated, flatbed, tanker, specialized, or other experience;
• Home location or commuting distance;
• Availability to begin work;
• Route, schedule, or home-time preferences;
• Whether you meet stated minimum qualifications;
• Employment-interest information; and
• Answers to other screening questions relevant to a Mercer Transportation opening.

C. Communications and Recruiting Information

We may collect:

• Questions or comments entered into a form;
• Information provided during recruiting calls;
• Email or text-message correspondence;
• Requests to stop or limit communications;
• Records showing whether contact was attempted or completed;
• Recruiter notes concerning an inquiry;
• Whether an individual appears interested or qualified;
• Whether a telephone number was incorrect or disconnected;
• Whether an inquiry was a misdial, spam call, duplicate, or unrelated request;
• Whether the individual continued to a formal application;
• General recruiting disposition information; and
• Other information voluntarily provided during the recruiting process.

D. Partially Entered Form Information

Information entered into a form may be collected before the form is formally submitted.

This may include:

• Contact information;
• Qualification answers;
• Form-field activity;
• The point at which the form was discontinued;
• Date and time information; and
• Technical information associated with the incomplete session.

E. Telephone Call Information

When you call a telephone number associated with this recruiting page, or when a recruiter calls you in response to an inquiry, we may collect:

• The originating telephone number;
• The destination telephone number;
• The date and time of the call;
• Call duration;
• Whether the call was answered;
• General call disposition;
• Call source or advertising campaign;
• Whether the caller was a prospective applicant;
• Whether the caller appeared to meet initial qualifications;
• Whether the call was a misdial, spam call, or unrelated inquiry;
• Recruiter handling and response information; and
• A recording or transcript of the call when recording is enabled and permitted by law.

F. Automatically Collected Website Information

When you visit or interact with this page, we may automatically collect information like the following:

• Internet Protocol address;
• Approximate geographic location derived from an IP address;
• Browser type;
• Device type;
• Operating system;
• Screen size;
• Language or device settings;
• Referring website or advertisement;
• Advertising campaign information;
• Date and time of the visit;
• Pages viewed;
• Buttons or links clicked;
• Time spent on the page;
• Form-start and form-completion activity;
• General navigation and interaction information;
• Cookie or browser identifiers;
• Server logs;
• Error and performance information; and
• Other technical information used to operate, secure, or evaluate the page.

6. Information Not Intended for the Initial Recruiting Form

The initial recruiting form is not intended to collect highly sensitive documents or information such as:

• Social Security numbers;
• Full driver’s license numbers;
• Bank account information;
• Credit or debit card information;
• Account passwords;
• Medical records;
• Detailed disability information;
• Drug or alcohol testing records;
• Background-check reports; or
• Copies of government identification documents.

Do not enter this type of information into an open-text field or send it through an unsecured email or text message.

Mercer Transportation’s formal employment application or hiring process may request additional information under a separate privacy notice, authorization, or consent form.

7. How We Collect Information

A. Directly From You

We may collect information that you:

• Enter into a completed form;
• Enter into a partially completed form;
• Provide by telephone;
• Provide by email or text message;
• Give to a Mercer Transportation recruiter; or
• Otherwise provide in connection with the advertised opportunity.

B. Automatically

We may collect information through:

• Google Analytics;
• Cookies;
• Server logs;
• Website form technologies;
• Call-tracking systems;
• Advertising campaign parameters;
• Security technologies; and
• Similar technical tools.

C. From Mercer Transportation and Its Recruiters

Mercer Transportation or its recruiters may provide us with information such as:

• Whether a prospective applicant was contacted;
• Whether the telephone number was valid;
• Whether the individual appeared qualified;
• Whether the individual completed a formal application;
• General applicant disposition;
• Whether an inquiry was a duplicate, misdial, spam call, or unrelated request; and
• Whether a recruiting lead resulted in an interview, orientation, or hire.

We may use this information to evaluate recruiting results, analyze lead quality, assess advertising performance, and improve future Mercer Transportation recruiting campaigns.

8. How We Use Information

We may use information on behalf of Mercer Transportation to:

• Process an expression of interest in leasing on with Mercer Transportation;
• Route the inquiry to the appropriate Mercer Transportation recruiter;
• Determine whether an individual appears to meet initial qualifications;
• Support communications about the advertised opening;
• Answer questions about the position;
• Request additional qualification information;
• Direct a prospective applicant to Mercer Transportation’s formal application process;
• Schedule a recruiting call or interview;
• Maintain records of recruiting communications;
• Evaluate recruiter response and call handling;
• Assess whether advertising produces qualified driver inquiries;
• Distinguish legitimate recruiting leads from misdials, spam, duplicate submissions, or unrelated inquiries;
• Calculate recruiting and advertising performance;
• Improve advertisements and landing pages;
• Identify technical problems;
• Prevent fraud, spam, or misuse;
• Protect To Exceed, Mercer Transportation, applicants, recruiters, and service providers;
• Maintain communication opt-out records;
• Resolve complaints or disputes;
• Comply with applicable laws and legal process; and
• Carry out another purpose disclosed when the information is collected.

Mercer Transportation may separately use the information to evaluate qualifications, communicate with prospective applicants, administer its hiring process, make employment decisions, and maintain recruiting or employment records.

9. Telephone Call Monitoring and Recording

Telephone calls made to or from numbers associated with this recruiting page may be monitored, recorded, or transcribed when permitted by applicable law.

We may access, review, or analyze recordings to:

• Evaluate recruiter performance;
• Provide recruiter coaching or training;
• Assess call quality;
• Confirm how an inquiry was handled;
• Evaluate recruiting lead quality;
• Determine whether callers tend to meet the qualifications stated in the advertisement;
• Identify misdials, spam calls, or unrelated inquiries;
• Investigate complaints;
• Maintain a record of recruiting communications; and
• Improve our advertising and recruiting services for Mercer Transportation.

Mercer Transportation and its authorized recruiting personnel may also receive or review call recordings, transcripts, summaries, or call-quality information for recruiting, training, quality-assurance, or complaint-resolution purposes.

Where notice or consent is required by law, an appropriate recording notice will be provided or consent will be requested.

A caller who does not wish to participate in a recorded call may end the call and use an available non-voice contact method, such as email or an online form. Information entered into an online form may still be collected as described in this Privacy Policy.

Call recordings and related analyses are intended for recruiting, quality-assurance, and lead-quality purposes. They are not intended to replace Mercer Transportation’s formal hiring process or serve as the sole basis for an employment decision.

10. Telephone, Email, and Text Communications

When you provide contact information in connection with a Mercer Transportation opportunity, you may be contacted by:

• To Exceed;
• Mercer Transportation;
• Mercer Transportation recruiters; or
• Service providers acting on behalf of To Exceed or Mercer Transportation.

Communications may occur by:

• Telephone call;
• Email;
• SMS text message; or
• MMS text message.

The disclosure displayed near the form may provide additional information about the parties authorized to contact you and whether automated communications technology may be used.

Where required by law:

• Appropriate consent will be requested;
• Message-frequency information will be provided;
• Message and data-rate disclosures will be provided;
• Instructions for revoking consent will be provided; and
• Requests to stop automated communications will be honored.

You may generally stop recruiting text messages by replying “STOP.” You may unsubscribe from recruiting emails by using the unsubscribe link, when available, or by contacting the sender.

A request to stop marketing or automated communications may not prevent:

• A response to a communication you initiated;
• A legally required notice;
• A communication necessary to process an existing application; or
• A one-time confirmation that an opt-out request was received.

11. How We Disclose Information

A. Mercer Transportation and Its Recruiters

We disclose information collected through this page to Mercer Transportation because Mercer Transportation is the employer advertised on the page and the intended recipient of the inquiry.

Information may be provided to:

• Mercer Transportation;
• Mercer Transportation recruiters;
• Mercer Transportation hiring personnel;
• Mercer Transportation managers involved in recruiting or hiring; and
• Contractors or recruiting personnel authorized to act for Mercer Transportation.

B. One Advertised Employer

Information submitted through this Mercer Transportation landing page is intended only for Mercer Transportation.

We do not use the submission to apply the individual to another employer, and we do not distribute the submission to a network of unrelated trucking companies.

Service providers may process the information to support To Exceed or Mercer Transportation, but those service providers do not become additional employers to which the individual has applied.

C. Service Providers

We and Mercer Transportation may use service providers for:

• Website hosting;
• Form processing;
• Customer relationship management;
• Applicant lead management;
• Data storage;
• Telephone and call tracking;
• Call recording or transcription;
• Email delivery;
• Text messaging;
• Analytics;
• Advertising measurement;
• Website security;
• Fraud prevention;
• Technical support; and
• Other functions necessary to operate the recruiting process.

These service providers may process information as reasonably necessary to perform services for To Exceed or Mercer Transportation.

D. Legal, Security, and Safety Purposes

We may disclose information when we reasonably believe disclosure is necessary to:

• Comply with federal, state, or local law;
• Respond to a subpoena, court order, or lawful government request;
• Cooperate with law enforcement or regulators;
• Detect or prevent fraud;
• Investigate a security incident;
• Protect the rights, safety, or property of To Exceed, Mercer Transportation, applicants, recruiters, service providers, or others;
• Enforce agreements or policies; or
• Establish, exercise, or defend legal claims.

12. No Sale to Unrelated Employers or Data Brokers

We do not sell applicant contact information collected through this landing page to unrelated employers or data brokers for monetary consideration.

We do not rent or license Mercer Transportation applicant lists for unrelated third-party marketing.

We provide applicant information to Mercer Transportation because Mercer Transportation is the employer advertised on this page and the intended recipient of the inquiry.

We and Mercer Transportation may also provide information to service providers that support the recruiting process. These operational disclosures are different from distributing an applicant’s information to unrelated employers.

To the extent an applicable state law defines “sale” or “sharing” more broadly than an exchange for money, we will handle applicable disclosures and privacy requests as required by that law.

13. Google Analytics and Cookies

We may use Google Analytics to measure and understand how visitors interact with this landing page.

Google Analytics may process information such as:

• Browser and device information;
• Cookie or device identifiers;
• Approximate geographic information;
• Referring source;
• Advertising campaign information;
• Page views;
• Visit duration;
• Buttons or links clicked;
• Form-start activity;
• Form-completion activity; and
• Other usage and performance information.

We use analytics information to:

• Measure website traffic;
• Understand how visitors reach the page;
• Compare recruiting campaign performance;
• Identify technical problems;
• Improve the landing page;
• Measure form completion;
• Evaluate advertising effectiveness; and
• Allocate recruiting and advertising resources more efficiently.

We may provide summarized or aggregated campaign-performance information to Mercer Transportation.

We do not sell Google Analytics reports or website usage data to unrelated third parties.

Google may process analytics information according to its own terms, privacy policy, and the settings selected for the applicable Google Analytics account.

We do not intend to transmit names, email addresses, telephone numbers, or other direct contact information to Google Analytics. Form information may be stored separately in recruiting or lead-management systems.

Cookie Choices

Your browser may allow you to:

• Block cookies;
• Delete existing cookies;
• Receive an alert when cookies are set; or
• Limit certain tracking technologies.

Google may also provide browser-level, device-level, or account-level privacy controls.

Disabling cookies may affect certain website functions and may make campaign or form-performance measurements less accurate.

14. Advertising and Conversion Measurement

We may use advertising and conversion-measurement technologies to:

• Determine which advertisement led to a landing-page visit;
• Record whether a form was started or completed;
• Measure advertising effectiveness;
• Compare recruiting campaigns;
• Reduce repetitive advertising;
• Improve advertisement placement and targeting; and
• Better understand the types of advertising that generate qualified Mercer Transportation inquiries.

We may update this Privacy Policy or provide additional notice if we materially change how contact information is used with advertising platforms.

15. Data Retention

We retain information for as long as reasonably necessary to perform our services for Mercer Transportation and fulfill the purposes described in this Privacy Policy.

Relevant factors may include:

• The duration of the recruiting campaign;
• Whether the prospective applicant is still being contacted or evaluated;
• Whether Mercer Transportation may consider the individual for a future opening;
• The need to maintain recruiting records;
• Advertising and lead-quality analysis;
• Recruiter assessment and training;
• Fraud and spam prevention;
• Legal and regulatory obligations;
• Contractual requirements;
• Complaint or dispute resolution;
• Security investigations; and
• The need to preserve opt-out or suppression records.

We may retain:

• Completed form submissions;
• Partially completed form information;
• Lead-routing records;
• Communication records;
• Call metadata;
• Call recordings;
• Analytics information;
• Recruiting disposition information; and
• Reports provided to Mercer Transportation.

Mercer Transportation may retain prospective applicant information in its own recruiting, applicant, or employment systems after our active management of the lead or recruiting campaign has ended.

Mercer Transportation and To Exceed may use different retention periods.

When information is no longer reasonably required, it may be deleted, anonymized, aggregated, overwritten, or securely disposed of, subject to backup processes and legal obligations.

16. Data Security

We use reasonable administrative, technical, and organizational measures designed to protect Personal Information from:

• Unauthorized access;
• Accidental loss;
• Misuse;
• Alteration;
• Improper disclosure; and
• Destruction.

Safeguards may include:

• Access restrictions;
• Password controls;
• Secure hosting;
• Encryption where appropriate;
• Vendor-management practices;
• System monitoring;
• Employee or contractor confidentiality obligations; and
• Security-incident procedures.

Mercer Transportation may maintain separate security practices for information stored within its systems.

No method of transmission over the Internet and no storage system can be guaranteed to be completely secure. We cannot guarantee the absolute security of information transmitted through or stored in connection with this page.

Do not submit unnecessary sensitive information through an ordinary recruiting form, email, text message, or open-text field.

17. Privacy Rights and Requests

Depending on your state of residence, applicable law, and any available exemptions, you may have the right to request:

• Confirmation that Personal Information is being processed;
• Access to certain Personal Information;
• A copy of certain Personal Information;
• Correction of inaccurate information;
• Deletion of certain information;
• Portability of certain information;
• Information about categories of information collected;
• Information about categories of recipients;
• Withdrawal of consent when processing depends on consent;
• An opt-out of certain communications;
• An opt-out of a sale or certain targeted advertising, if applicable;
• Limitation of certain uses of sensitive information, if applicable;
• Appeal of a denied privacy request, where provided by law; and
• Freedom from unlawful discrimination for exercising a privacy right.

These rights are not absolute. A request may be limited or denied when permitted by law, including when information is required to:

• Process an application or recruiting inquiry;
• Complete a requested communication;
• Comply with legal obligations;
• Detect fraud, spam, or security incidents;
• Establish or defend legal claims;
• Protect another person’s rights; or
• Maintain a record of an opt-out request.

Verification

We may need to verify your identity before completing a request.

Verification information may include:

• Name;
• Telephone number;
• Email address;
• ZIP code;
• Approximate date of submission; and
• The Mercer Transportation listing or location involved.

We will request only the information reasonably necessary to verify and process the request.

Information Controlled by Mercer Transportation

Some prospective applicant information may be controlled or retained directly by Mercer Transportation.

When appropriate, we may forward a privacy request to Mercer Transportation, ask Mercer Transportation to assist with the request, or direct the requester to Mercer Transportation.

Mercer Transportation may respond separately regarding records maintained in its own systems.

18. Applicable Federal and State Laws

We strive to collect, use, store, disclose, and protect information in accordance with applicable United States federal law and applicable state laws within the contiguous 48 United States.

This recruiting page is intended for individuals located in the contiguous 48 states.

Privacy, employment, communications, telephone-recording, and consumer-protection laws may vary by state. Rights and obligations may therefore depend on:

• Your state of residence;
• The state in which a communication occurs;
• The nature of the information;
• The technology used;
• The purpose of the processing;
• Whether a legal exemption applies; and
• Whether an applicable law’s coverage requirements are met.

Nothing in this Privacy Policy is intended to limit a right that cannot legally be limited.

19. Children’s Privacy

This page advertises employment opportunities and is intended for adults.

Individuals under 18 years of age should not submit information through this page.

We do not knowingly use this recruiting page to collect Personal Information from children. A parent or legal guardian who believes a child submitted information may contact us to request review and appropriate deletion.

20. United States Audience

This recruiting page is intended for individuals seeking employment with Mercer Transportation in the United States.

The recruiting campaign covered by this Privacy Policy is directed to individuals within the contiguous 48 states. It is not directed to residents of Alaska, Hawaii, United States territories, or countries outside the United States.

Information may be stored or processed in the United States by To Exceed, Mercer Transportation, and their respective service providers.

21. Third-Party Websites and Services

This page may contain links to:

• Mercer Transportation’s corporate website;
• A formal Mercer Transportation application system;
• A job board;
• A mapping provider;
• A social media platform; or
• Another third-party website or service.

We do not control every third party’s privacy practices.

When you leave this landing page or submit information directly to another service, that service’s privacy policy may govern its collection and use of information.

22. Changes to This Privacy Policy

We may update this Privacy Policy to reflect:

• Changes in our recruiting or advertising services;
• Changes to this landing page or its forms;
• Changes in Mercer Transportation’s recruiting process;
• New or changed service providers;
• Changes in analytics or communication tools;
• Changes in retention practices;
• Changes in applicable law; or
• Other operational developments.

The current version of this Privacy Policy will remain available through this same recruiting landing page.

You should return to this page periodically to review the current policy.

The “Last Updated” date at the top of the policy will identify when it was most recently revised.

When appropriate or required by law, we may provide a more prominent notice or request additional consent for a material change.

23. Accessibility

A person whose disability prevents or limits access to this Privacy Policy may request assistance or an alternative format.

Requests may be submitted using the contact information below.

We will make reasonable efforts to provide this policy and the privacy-request process in an accessible format.

24. Contact Information

Questions about operation of this landing page, routing of form information, website analytics, call tracking, or information processed by To Exceed may be directed to:

To Exceed, LLC
3825 Gilbert Dr., Suite 140, Shreveport, LA 71104
Telephone: 877-589-6524
Email or Privacy Request Form: info@toexceed.com

Please include enough information to identify the relevant recruiting inquiry. Do not send a Social Security number, full driver’s license number, bank information, password, or medical record through an ordinary email.