(This has been updated and is effective as of February 12, 2022)

This is the privacy policy (the “Privacy Policy”) for those websites (each a “Site” and together with the “Sites”) to which this Privacy Policy is linked and identified as such website’s privacy policy and which are operated by Kylei Enterprises, Inc. (“Kylei,” “we,” “us” or “our”) on its own behalf or on behalf of Kylei Affiliates, including Kylei Enterprises Inc. The website that you are visiting now and to which this Privacy Policy applies may be referred to herein as “this Site” or “the Site.” The Privacy Policy governs how Kylei uses, collects, and discloses the information gathered from or provided by users of this Site located in the United States, Canada, or Mexico. “Kylei Affiliate(s)” is any entity that controls, is under common control with, or is controlled by Kylei.

 

This Privacy Policy should be read in conjunction with this Site’s Terms of Use, which is incorporated herein by reference. Capitalized terms used and not otherwise defined in this Privacy Policy shall have the meaning given to them in the Terms of Use.

 

This Privacy Policy applies to information we collect on this Site:

• In email, text, and other electronic messages between you and this Site.
• If applicable, through mobile and desktop applications you download from this Site, which provides dedicated non-browser-based interaction between you and this Site.
• If applicable, through mobile and desktop links provided by Kylei to this Site.
• When you interact with our advertising and applications on third-party websites and services if those applications or advertising include links to this policy.

 

It does not apply to information collected by:

• Kylei offline or through any other means, including on any other website operated by Kylei or any third-party including Kylei Affiliates; or
• Any third-party including Kylei Affiliates, including through any application or content (including advertising) that may link to or be accessible from or on the Site.

 

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site, including choosing not to provide your information to us. By accessing or using this Site, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of this Site after we

make changes is deemed acceptance of those changes, so please check the policy periodically for updates.

Use by Users Outside the United States.

This Site is intended for use only by users located in the United States, Canada, and Mexico. If you are located outside of the United States (other than for users located in Canada and Mexico) you are consenting to the transfer and/or transmission of your information into the United States and to the collection, use, and disclosure of your information in accordance with this Privacy Policy. You are also acknowledging that the laws of the jurisdiction in which the information is kept will determine the protections afforded to your personal information and that such protections may not be as strict as your home jurisdiction. Kylei stores and processes the personal information it gathers through your use of the Site in the United States. If you are located within the European Union and you submit any information deemed Personal Data under the General Data Protection Regulation (“GDPR”) your submission is voluntary, with your express consent to use Personal Data for the purpose submitted, at your own risk, and subject to the laws of the United States.

 

If you are located in Canada, then the terms of this Privacy Policy, as amended and supplemented by the Canada Privacy Statement, govern your use of this Site.

If you are located in Mexico, then the terms of the Privacy Policy, as amended and supplemented by the Mexico Privacy Notice, govern your use of this Site.

Agreement and Your Consent.

Please read this Privacy Policy carefully; it creates legal obligations. By using the Site, you are acknowledging that you have read and understand this Privacy Policy, you are agreeing to be legally bound by it, and you are consenting to the use, collection, and disclosure of your information as provided in this Privacy Policy. If you do not agree with all of the terms of this Privacy Policy, you should not use the Site.

Scope of Policy.

This Privacy Policy only applies to the Sites linked to this Privacy Policy, including this Site, and it does not apply to other websites, including other websites operated by Kylei, Kylei Affiliates or service providers, or sites that may be operated by others is operated and managed by a separate company under separate terms and conditions and under a separate privacy policy, except as otherwise specified on those sites. When visiting other websites, even via links provided on this Site, please review the applicable privacy policies to be sure their terms are acceptable to you.

This Privacy Policy applies only to information we gather from you or that you provide to us online while visiting or using the Site. It does not apply to information gathered from or provided by you to us through other sites, offline, through other business arrangements with you, or through other means.

The Information We Collect.

The Site offers business information about Kylei and Kylei Affiliates. The Site is not to be used by individual consumers to purchase consumer products or services. Kylei provides goods and services to businesses in need of shipping and logistics services including facilitating communications and information sharing among Kylei, Kylei Affiliates, brokers, independent sales agents (“Agents”), independent business capacity owners (“BCO(s)”), and third-party transportation providers, including but not limited to, any third party motor carrier, drayage provider, transportation intermediary, shipper, consignor, consignee, air carrier, ocean carrier, ground carrier, logistics provider, and/or entity involved in the motor carrier services, property brokering, freight forwarding,

non-vessel operating common carrier, air charter, indirect air charter, warehousing, and/or the transportation service industry.

 

The type of information we collect from users of the Site includes information by which an individual may be identified (“personal information”) such as their first and last name, email address, address, and telephone number. We also collect business information from users and information by which users cannot be individually identified, such as information about a user’s computer, Internet connection, and Site usage.

 

We collect this information when you directly provide it to us, such as if you request information through the Site, register on the Site, sign up for a service through the Site, provide us with Suggestions through the Site, post-User-Posted Content to the Site, or if you send us information via email through the Site. We use commercially reasonable means to identify when information is being collected and the purpose for which it is being collected. When appropriate we may ask you for your affirmative consent to provide us with personal information. However, we do not guarantee that affirmative consent will be requested from each user of the Site. IF YOU DO NOT WANT US TO COLLECT PERSONAL INFORMATION FROM YOU, DO NOT PROVIDE IT TO US. We

also collect information automatically as users navigate through the Site, including about a user’s equipment, browsing actions and patterns, including as follows:

• We record general statistical and tracking information, such as the date and time the Site is accessed, the places visited on the Site, and the time spent using the Site.
• We receive and record information about a user’s computer and its systems and in our server logs from a user’s browser, including an IP address (the Internet address of a computer), identification of the computer and its systems, the type and version of the web browser, referrer addresses, and other server log information.
• We use cookies and other tracking mechanisms to recognize when users return to the Site. A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to a user’s browser from a site’s computers and stored on a user’s computer’s hard drive. With respect to most computer systems, you  may set your browser so that it does not accept cookies. If you do disable the use of cookies, you may not be able to use or experience all of the features of our Site.

• Cookies used by this Site do not collect Personal Data (as defined under the GDPR), but if you have any concerns whatsoever over our use of Cookies, do not use the Site, or be sure to set your browser so that it does not accept cookies.

IF YOU DO NOT WANT US TO COLLECT INFORMATION FROM YOUR COMPUTER OR MOBILE DEVICE DO NOT USE THE SITE.

We also may, but are not obligated to, monitor your use of the Site.

Our Use and Disclosure of this information.

This Site is for use within the United States, Canada, and Mexico. If you are accessing the Site from the European Union, this Site is not intended for your use. We may use the information that we collect about you or that you provide to us as set forth above, including your personal information, as follows:

• For any Kylei and/or Kylei Affiliates’ business purpose;
• To provide you with the information, products, and services that you request from us;
• To fulfill any other purpose for which you provide the information to us;
• To notify you about changes in the Site, its governing documents, or any products or services we offer through the Site;
• To allow you to participate in interactive sections of the Site;
• To inform you about our and/or Kylei Affiliates’ programs, goods and services and/or those of third parties in which we determine you may be interested;
• To communicate with you about your use of the Site and regarding Kylei’s and Kylei Affiliates’ business;
• For any other purpose to which you consent;
• In any other way we may describe when you provide the information;
• To aggregate user information; and
• To present our Site and its contents to you.

 

We may also use and disclose to others the information we gather from you, including your personal information, as follows:

• To fulfill the purpose for which you provide the information, for any other purpose disclosed when you provide the information, and for any purpose to which you consent.
• We may disclose your information to Kylei Affiliates and allow them to use and disclose your information for any Kylei and/or Kylei Affiliates’ business purpose.
• We may employ other companies, services providers, and Kylei Affiliates to perform functions on Kylei’s behalf, such as maintaining the Site, providing services related to the Site, collecting information, responding to and sending electronic mail, fulfilling orders for products, services or information, or other functions necessary to our business, and we may disclose your information to these companies so that they can perform their functions for us.
• We may use and disclose your information as we view necessary or prudent to protect our and Kylei Affiliates’ safety, rights, and/or property and that of others and other users, to enforce and/or to report abuse or violation of the Site’s governing documents, and in connection with our obligations under the U.S. Digital Millennium Copyright Act (“DMCA”).
• We may use and disclose your information to carry out our obligations and enforce our rights arising from any contracts entered into between you and us and/or Kylei Affiliates.
• We may use and disclose your information to the extent we believe we are required to do so by law, including to comply with any court order, law, or legal process, and to respond to any government or regulatory request.
• We may transfer and disclose your information in connection with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the assets of Kylei and/or one Kylei Affiliate, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which the information held by Kylei and/or the Kylei Affiliate is among the assets transferred.
• To enforce or apply our Terms of Use 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 Kylei, our Agents, independent BCOs, intended third-party motor carriers, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• We will dispose of your information when it is no longer useful for the purposes for which it was provided to us by you.

Except as provided in this Privacy Policy, we will not disclose your information to unaffiliated third parties without your express consent.

We may compile statistical and aggregated information about users of the Site and their use of the Site, and we may use, disclose and transfer this information, as well as any information that does not identify an individual, and any Suggestions you provide, for any purpose without restriction.

Security.

We have put in place security systems designed to prevent unauthorized disclosure of the information you provide to us. These systems are structured to deter and prevent hackers and others from accessing this information. Due to the nature of Internet communications and evolving technologies, however, we cannot provide, and we hereby disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.

 

With respect to some services, we provide customers, we may expressly agree at the time such services are requested to provide different, specific, and higher levels of security and data segregation. In addition, in particular, circumstances, when you submit certain information to us through this Site, we may agree in connection with such information to provide additional protections to, and restrictions upon our use of, your personal information. For example, if you apply to qualify to join our network as an Independent Agent, BCO, or approved broker carrier, the application materials may make additional commitments to you as set forth in such materials.

 

Unfortunately, and for the avoidance of doubt, the transmission of information via the Internet is not completely secure. Although we do our best to protect your information, we cannot guarantee the security of your information transmitted to our Site. Any transmission of information, including but not limited to personal information provided by you, is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Relationship to Other Contracts.

The terms of this Privacy Policy do not affect or amend the terms of any specific contracts you have entered or may enter into with Kylei or Kylei Affiliates, and your and Kylei’s (or Kylei Affiliates’) respective obligations thereunder, except as otherwise expressly set forth in such contract.

Children.

The Site is not directed to or intended to be used by persons under the age of 18, and Kylei does not knowingly collect personal information from persons under the age of 18. If we learn that a person under 18 has provided us with personal information through this Site, we will delete this information from our databases.

Updating Contact and Personal Information.

By agreeing to this Privacy Policy, you are agreeing to keep your contact information or other personal information we maintain up to date. If your contact information or other

personal information that you have provided to us through the Site needs to be updated, please promptly contact us at iinfo@kyleienterprises.com and provide sufficient information so that we can properly update your information.

Changes to this Privacy Policy.

From time to time, Kylei may modify or change its Privacy Policy at its sole discretion. You are responsible for checking for revisions to this Privacy Policy each time you use the Site and, in any event, agree to be bound to changes to this Privacy Policy thirty (30) days after such changes have been introduced. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Privacy Policy, as changed, and to its application to all information gathered before and after its effective date.

The date the Privacy Policy was last revised is identified at the bottom of the page. You are responsible for periodically visiting our Site and this Privacy Policy to check for any changes.

 

General Data Protection Regulation.

If you are a resident of the European Union, you may have additional rights pursuant to your local law applicable to the collection and processing of personal information. If you believe that Kylei or a Kylei Affiliate is collecting personal information under the EU General Data Protection Regulation (“GDPR”), and your personal information is processed based on legitimate interests pursuant to the GDPR, you have the right to object to the processing on grounds relating to your specific situation. Under GDPR you may also have the right to request to have your personal information deleted or restricted and ask for portability of your personal information.

You can request to access, update, or correct your personal information. You also have the right to object to direct marketing.

 

In the event you consider our processing or control of your personal information subject to the GDPR and not compliant with an applicable data protection law, you can lodge a complaint:

Contact us at 214-843-1907

Contact us via email at info@kyleienterprises.com

• Lodging a complaint via email at info@kyleienterprises.com; or
• Filing a complaint directly with the competent data protection authority. The name and contact details of the Data Protection Authorities in the European Union can be found here: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/in dex_en.htm.

Contact Us.

Questions, comments or requests related to your use of the Site, regarding this Privacy Policy, and Kylei’s information handling policies and procedures should be submitted to Kylei’s Corporate Communications department by mail or e-mail as follows:

Kylei Enterprises, Inc.,

Attn: Corporate Communications, 10925 Estate Ln Ste# W200

Dallas, TX 75238.

By e-mail: info@kyleienterprises.com

To register a complaint or concern, please contact: info@kyleienterprises.com

Limited License; Your Use of Site Data and Information; Monitoring.

Limited License: Subject to these Terms of Use and any further restrictions set forth in the Revised Terms, Kylei hereby grants to you a non-exclusive, limited,

non-sublicensable, non-transferable, revocable license (“Limited License”) to access the Site and use the information, features, functions and content made available to you on the Site, solely in connection with Kylei-related or Kylei Affiliate-related business and not for purposes of competing with Kylei or the Kylei Affiliates or for any other purpose.

 

Use of Site Data and Information: With respect to information and content that is identified on the Site as available to you for downloading or printing, or is configured to enable you to download or print, you may download and/or print one copy and may only use it for the Kylei-related or Kylei Affiliate-related business purpose for which it was made available and not for purposes of competing with Kylei, a Kylei Affiliate, or for any other purpose. You are expressly prohibited from modifying any of the Site pages or other content and from removing or altering any visible or non-visible identification, marks, notices, or disclaimers in the content that you download or print from the Site.

 

Where access to portions of the Site is limited to those authenticated users with valid User IDs and Passwords, the license granted above with respect to those portions of the Site is applicable only to those authorized by Kylei to use a valid User ID (defined below) and Password (defined below).

 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

 

This Site may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Site.
• Send emails or other communications with certain content, or links to certain content, on this Site.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
• You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.
• Link to any part of the Site other than the homepage.
• Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.
  

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion

No other license or rights in the Site are granted by Kylei and all licenses and rights granted may be terminated or revoked by Kylei at any time at Kylei’s sole discretion. From time-to-time Kylei may, without notice, monitor your use of the Site, although Kylei is not obligated to do so.

 

Monitoring: We have the right to monitor your activity on the Site (both in public areas and limited access areas of the Site). We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing, using, and posting any materials on or through the Site. YOU WAIVE AND AGREE TO HOLD HARMLESS AND IMMUNE KYLEI AND KYLEI AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Although we have the right to monitor your activity on the Site, we do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

User Account Access.

You are responsible for maintaining the security of information such as user identification (a unique identifier, email addresses or other combination of characters and numbers used to identify a user collectively referred to as “User ID”), codes and passwords (codes and passwords are collectively referred to as a “Password”) that you are given or adopt for purposes of accessing non-public portions of the Site. If you choose, or are provided with, a User ID, Password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your User ID, Password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your User ID and/or Password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Password or other personal information.

 

Kylei, from time-to-time, may require you to change your Password. Kylei reserves the right to enforce specific password requirements (e.g. length or specific character and/or number requirements), although Kylei is not obligated to do so.

 

Kylei may require you to select a security question and supply an answer (collectively Security Question). Your Security Question is user-selected and must be kept confidential. Kylei, from time-to-time, may require you to select a new Security Question, although Kylei is not obligated to do so.

 

Kylei may require you to provide certain information such as your FID, Agency, Tractor, or Kylei Carrier ID prior to granting access to non-public areas of the Site. You agree that any information you provide to Kylei will be true, accurate, current and complete and your failure to provide true, accurate, current, and complete information is a breach of these Terms of Use. You (or your employer, if you use the Site on behalf of your employer) are solely responsible and liable for any use and misuse of your User ID and Password and for all activities that occur under your User ID and Password. You must ensure that all uses of your User ID and Password comply with these Terms of Use.

 

You must immediately notify Kylei at info@kyleienterprises.com of any unauthorized use of your User ID or Password, or if you know or suspect that your User ID and/or Password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

 

You agree to respond promptly to any communications from Kylei regarding your use of the Site, your User ID and your Password.

 

All User ID and Passwords remain the property of Kylei and may be cancelled or suspended at any time by Kylei without any notice or liability to you or any other person. Kylei is not under any obligation to verify the actual identity or authority of the user of any User ID or Password.

 

THE SECURITY AND PRIVACY PROVIDED BY AN USER ID, PASSWORD, SECURITY QUESTION AND OTHER SECURITY INFORMATION IS NOT COMPLETE AND CAN BE CIRCUMVENTED. YOUR USE OF ANY ACCESS FEATURES AND SECURITY INFORMATION IS AT YOUR OWN RISK.

 

Kylei Confidential Information.

Certain information appearing on the Site may be, and may be identified as, Kylei confidential information. Kylei confidential information is all information that is marked as confidential or that ought reasonably to be deemed to be confidential, including without

limitation contact information for Kylei’s or Kylei Affiliates’ agents and Kylei’s or Kylei Affiliates’ BCO field representatives, information about Kylei, Kylei Affiliates and their respective agents’ safety procedures and systems, information about particular loads, information regarding Kylei’s and Kylei Affiliates’ services, products, customers, customer lists, bookkeeping, written contracts and agreements, rates, compensation or techniques, and additional non-public information that is accessible only via Passwords. You agree only to use Kylei confidential information as expressly permitted in these Terms of Use and as further restricted by any Revised Terms. In addition, you agree only to use such Kylei confidential information in connection with your Kylei-related or Kylei Affiliate-related business, for no other purpose, and not to compete with Kylei or Kylei Affiliates. Upon Kylei’s request, you will immediately return or destroy all such Kylei confidential information in your possession and make no further use thereof.

Third Party Products and Services.

From time to time, the Site may contain information about third party products and services. For example, Kylei may arrange for discounts to be provided on certain

third-party products and services, third party products and services may be advertised on the Site, and third-party products and services may be sold on the Site. Further, Kylei may provide a section on the Site where users may post information about their property, such as trucks, trailers and other trucking-related equipment, or services they want to sell or provide (a “For Sale By Owner Service”). With respect to all such

third-party products and services, you should be aware that they are not being provided by Kylei and Kylei is not responsible for such goods or services or the terms on which they may be purchased or sold. If you choose to purchase such goods or services, you do so at your own risk and you should carefully evaluate them and the terms upon which you are purchasing them.

If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Load Information.

From time to time, such as through Kylei domain names, as noted in Kylei websites, Kylei may provide you with access to load information (“Load Information”). You may use and print out such Load Information solely for the purposes of identifying loads that may suit your capabilities, contacting agents to confirm the accuracy of such Load Information for logistical and planning purposes, and/or for other commercial purposes in connection with doing business with Kylei or Kylei Affiliates, but in any case, not for use to compete with Kylei, Kylei Affiliates or for any other purpose. Load Information is provided by independent agents and is not monitored or checked by Kylei for content or accuracy. KYLEI ADVISES YOU NOT TO RELY UPON THE LOAD INFORMATION POSTED ON THE SITE AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR INACCURATE OR INCOMPLETE LOAD

INFORMATION. Kylei further advises you to contact, and you do hereby agree to contact, the individual agent or agents who post the specific Load Information on the Site to confirm that such information is complete and accurate.

Request Mechanisms.

Kylei makes available on the Site mechanisms for you to request or inquire about transportation, logistics and other non-Site-related services from Kylei or Kylei Affiliates. None of these mechanisms create a binding obligation between you and Kylei or the Kylei Affiliates, and in order for you to engage Kylei or the Kylei Affiliates to provide any such services, you and Kylei or the Kylei Affiliate must execute separate written contracts setting forth the terms and conditions under which such services are to be provided.

Information you Provide to Kylei on the Site.

From time to time, Kylei may offer capabilities and features on the Site that enable you to post information to the Site (whether directly or through Kylei) that will be visible to other Site users who access the Site and/or that will enable you to interact with other Site users. All information or material that you or other users provide for use on the Site or post on the Site is referred to in these Terms of Use as “User Posted Content”.

Kylei may provide user online discussion and chat forums, and other interactive features, to provide a forum for User Posted Content, to provide for the exchange of information in connection with online load transactions, arrange for users to post Load Information, and to provide other interactive features and functions for use by users of the Site. You may also choose to provide User Posted Content in the For Sale By Owners Section. You acknowledge that your use of the Site and the User Posted Content you provide is governed by Kylei’s Privacy Policy.

 

Users may also from time to time submit suggestions and ideas (“Suggestions”) to Kylei via email or through User Posted Content about ways in which Kylei may improve or expand its or Kylei Affiliates’ business (such as ideas for new or improved products, services or Site features).

 

By posting or providing User Posted Content and/or by submitting Suggestions, you are granting to Kylei and its designees a perpetual, royalty-free, non-exclusive,

non-terminable, sublicensable, worldwide license to use, reproduce, modify, distribute, transmit, re-transmit, create derivative works of, publicly display, publicly perform, publish, store and exploit such information and Suggestions in any way, in whole or in part, in all media now known or hereinafter discovered, without obligation to do so or without any compensation to you. By posting or providing User Posted Content and/or by submitting Suggestions, you are also warranting that you have all necessary right,

title and interest to grant such a license and that such User Posted Content and Suggestions do not infringe upon the rights of others, are not injurious to others, and comply with the requirements imposed on you under these Terms of Use. Any User Posted Content you post to the Site and/or other Kylei websites or Kylei applications will be considered non-confidential and non-proprietary.

 

You are responsible for any User Posted Content and Suggestions that you provide to Kylei or post to the Site, or that is provided or posted using your Passwords. Kylei is not responsible for any User Posted Content or Suggestions, including, without limitation, User Posted Content or Suggestions from other Site users that you may encounter in your use of the Site.

 

Kylei expressly reserves the right, without obligation or notice, to pre-screen, remove, modify, refuse to post, delete, block, take down, and/or edit all User Posted Content and Suggestions, for any reason, in its sole discretion.

 

Whenever you provide User Posted Content to Kylei, you represent and warrant that you own or control all rights in and to the User Posted Content and have the right to grant the license granted above to Kylei, Kylei Affiliates and service providers, and each of their respective licensees, successors, and assigns; and that all User Posted Content does and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Posted Content you submit or contribute, and you, not Kylei, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

 

We are not responsible or liable to any third party for the content or accuracy of any User Posted Content posted by you or any other user of the Site. Without limiting the foregoing, User Posted Content must not violate the following “Content Standards”:

• Contain Any Material That Is Defamatory, Obscene, Indecent, Abusive, Offensive, Harassing, Violent, Hateful, Inflammatory, Or Otherwise Objectionable.
• Promote Sexually Explicit Or Pornographic Material, Violence, Or Discrimination Based On Race, Sex, Religion, Nationality, Disability, Sexual Orientation, Or Age.
• Infringe Any Patent, Trademark, Trade Secret, Copyright, Or Other Intellectual Property Or Other Rights Of Any Other Person.

• Violate The Legal Rights (Including The Rights Of Publicity And Privacy) Of Others Or Contain Any Material That Could Give Rise To Any Civil Or Criminal Liability Under Applicable Laws Or Regulations Or That Otherwise May Be In Conflict With These Terms Of Use And Our Privacy Policy.

• Be Likely To Deceive Any Person.

• Promote Any Illegal Activity, Or Advocate, Promote, Or Assist Any Unlawful Act.

• Cause Annoyance, Inconvenience, Or Needless Anxiety Or Be Likely To Upset, Embarrass, Alarm, Or Annoy Any Other Person.

• Impersonate Any Person Or Misrepresent Your Identity Or Affiliation With Any Person Or Organization.

• Involve Commercial Activities Or Sales, Such As Contests, Sweepstakes, And Other Sales Promotions, Barter, Or Advertising.

• Give The Impression That They Emanate From Or Are Endorsed By Us Or Any Other Person Or Entity If This Is Not The Case.

 

Acceptable Use, Prohibited Use

 

You are responsible for all activities you engage in, on or through use of the Site, and those engaged in by anyone using your Passwords. You agree to use the Site in accordance with these Terms of Use, the Revised Terms, and all applicable laws, rules and regulations. You agree to keep all information you provide to Kylei or post on the Site up-to-date, complete and accurate, including, without limitation, all Load Information, contact information, User Posted Content, and all information you provide to other users.

 

In addition, you agree not to provide to Kylei, post on the Site, or transmit through the Site information, materials, User Posted Content or Suggestions that:

1. Are inaccurate, false, misleading, deceptive, tortious, injurious, unlawful, threatening, abusive, defamatory, obscene, lewd, lascivious, violent, harassing, offensive, pornographic, profane, or indecent, or that would constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or violate applicable laws, rules and/or regulations.
2. Violate the proprietary rights of others, including, without limitation, the copyright, trademark, trade dress, patent, trade secret, or moral rights of others, or information or material that violates another’s rights of privacy, publicity, or confidentiality.
3. You do not have the right to provide, post or transmit.
4. Credit card account information or personal information that could be used to login to a financial account.
5. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
6. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards, above, as set out in these Terms of Use.
7. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam””, or any other similar solicitation.
   
8. To impersonate or attempt to impersonate Kylei, a Kylei employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
9. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Kylei or users of the Site or expose them to liability.

In addition, you agree not to engage in activities on or through use of the Site or using information gathered from the Site, so as to:

1. Violate these Terms of Use or applicable laws, rules or regulations.
2. Engage in fraudulent activity.
3. Violate any terms of use, rules, policies or guidelines of your Internet access provider, online service, or websites to which this Site links.
4. Damage, delete or modify or make derivative versions of any information or material on the Site (except for deleting or modifying your own User Posted Content where the Site makes that function possible).
5. Modify any copyright or other proprietary notices or legends on the Site or information or material printed or downloaded from the Site.
6. Impersonate or misrepresent your affiliation with Kylei or frame our Site.
7. Use any robot, scraper or other automated process not provided by us to gather information or extract data from the Site.
8. Reverse engineer or copy or disassemble any programming components of the Site or otherwise endeavor to discover source code from the Site.
9. Bypass or circumvent or endeavor to bypass or circumvent measures employed to prevent or limit access to areas, code, or content of the Site.
10. Gather or use email or other contact information from other Site users except as expressly permitted by the Site and the Privacy Policy.
11. Use the Site systems to send unsolicited emails.
12. Disable, disrupt, impair, overburden, or damage the Site or interfere with any other party’s use thereof, such as through viruses, denial of service attacks, spamming, flooding or other disruptive components or acts.
13. Endanger or threaten the safety or security of or cause harm to any person or property.
14. Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
15. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
16. Use any device, software, or routine that interferes with the proper working of the Site.
17. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
18. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
19. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
    
20. Otherwise attempt to interfere with the proper working of the Site. Kylei has the right to:

1. Remove or refuse to post any User Posted Content for any or no reason in our sole discretion.
2. Take any action with respect to any User Posted Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Posted Content violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Kylei.
3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
5. Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, Kylei has the right to report to law enforcement authorities any violation of these Terms of Use. To be clear, you have no expectation of privacy related to your use of the Site, except as described in Kylei’s Privacy Policy. We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS KYLEI AND KYLEI AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

However, we do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted.

Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Nothing in these Terms of Use shall prohibit or restrict Kylei or any Kylei Affiliate from complying with all applicable laws, rules and regulations, and all law enforcement requests and/or subpoenas. Kylei may use and disclose any User Posted Content, Suggestions, User ID, Passwords, security information and user contact information as Kylei deems reasonable to comply with the law, to respond to such requests or subpoenas, to enforce these Terms of Use or Kylei Contracts, and to protect the safety of persons or property.

 

While this Site is not directed to or expected to be used by children, parents should know that there is a significant amount of information available to them and a variety of commercially available products and services that can assist them in implementing

controls to block minors’ access to adult, violent or other content that the parent prefers to block. The Federal Trade Commission maintains a website

at www.onguardonline.gov that contains information about protecting kids using the Internet.

 

Copyright Infringement.

Kylei respects the intellectual property rights of others and requires that all users of this Site do the same. Kylei will investigate notices of copyright infringement and take appropriate action upon receipt of proper notification, including termination of Site access and termination of other privileges of anyone who repeatedly infringes the copyright rights of others. If you believe that your work has been used, posted or copied on the Site in a way that constitutes copyright infringement, please notify the Kylei Copyright Agent (at the address set forth below) in writing with the following information:

1. Your real name and your current valid working email address and telephone number with which we can contact you;
2. Identification of the work protected by copyright that you claim has been infringed or, if multiple works have been infringed, a representative list of such works;
3. A description of where the work that you claim infringes your work is being used or appears on the Site;
4. A written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner; and
6. Your electronic or physical signature.

Kylei’s Copyright Agent is: info@kyleienterprises.com

 

CANADA PRIVACY STATEMENT

(This Policy Statement was last updated on June 1, 2020.)

 

If you are Canadian, this privacy statement may apply to you.

Kylei Enterprises, Inc.. (“Kylei”) recognizes the importance of protecting personal information in a manner consistent with the laws of the countries in which it does business. This Policy Statement (the “Statement”) sets forth the particular privacy principles that Kylei follows with respect to the personal information that it collects from Canadians. This Statement operates in conjunction with the Kylei Privacy Policy. To the extent that this Statement and the Kylei Privacy Policy are inconsistent, this Statement will govern the collection, use and disclosure of personal information collected from Canadians.

 

SCOPE.

This Statement applies to all personal information received by Kylei from Canada, in any format, including electronic, paper or verbal.

 

DEFINITIONS.

For purposes of this Statement only, the following definitions shall apply: “Agent” means any party that collects or uses personal information under the

instructions of, and solely for, Kylei, or as to which Kylei discloses personal information for use on Kylei’s behalf.

“Kylei” means Kylei Enterprises, Inc..

“Personal information” means any personally identifiable information. Personal information does not include information that is anonymized.

 

PRIVACY PRINCIPLES. CONSENT, COLLECTION AND USE

• Kylei identifies the purposes for collecting personal information at or before the time it is collected and informs individuals of the choice and means, if any, Kylei offers individuals for limiting the collection, use or disclosure of their personal information. Kylei will provide individuals with reasonable mechanisms to exercise these choices.
• Kylei will not collect, use or disclose your personal information without your informed consent, unless required or permitted to do so by law, or unless otherwise noted in this Statement.
• Kylei will only use and/or disclose personal information in accordance with the purpose for which it was collected, unless subsequently consented to, or when required or permitted by law.
  
• If Kylei receives personal information from Kylei Affiliates or other entities in Canada, it will use and disclose such information in accordance with the consent received by such entities at the time of collection and the choices made by the individuals to whom such personal information relates.

 

ONWARD TRANSFERS

Kylei will obtain assurances from its Agents and any third party to whom Kylei discloses personal information that such Agent and/or third party will safeguard personal information consistently with this Statement. Kylei will enter into a contract with such Agent and/or the third party prior to effecting a transfer of personal information, which contract will provide at least the same level of protection as is required by this Statement and by applicable privacy legislation. Where Kylei has knowledge that an Agent and/or third party is using or disclosing personal information in a manner contrary to this Statement, Kylei will take reasonable steps to prevent or stop the use or disclosure of the personal information and/or to obtain the Agent’s and/or third party’s deletion, destruction, anonymization or return of the personal information.

 

SECURITY

Kylei will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, use, disclosure, alteration, and destruction.

 

DATA INTEGRITY

Kylei will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Kylei will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current. Except as otherwise permitted or required by law, personal information is retained for so long as it is reasonably necessary to fulfil the purposes for which it was collected, at which point it is deleted, destroyed, returned, or otherwise anonymized.

 

ACCESS

Upon request, Kylei will grant individuals reasonable access to personal information that it holds about them. In addition, Kylei will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. These requests can be made by contacting Kylei as provided below.

 

ENFORCEMENT

Kylei will conduct compliance audits of its relevant privacy practices to verify adherence to this Statement. Kylei will use contractual or other means to ensure that its Agents provide a comparable level of protection over your personal information while the information is being processed by such parties.

Only employees whose duties require access to personal information are granted such access, and only to the extent necessary. Employees are accountable for ensuring this Statement is followed at all times. Any employee that Kylei determines intentionally

violates this Statement will be subject to disciplinary action up to and including termination of employment.

 

RELATIONSHIP TO OTHER CONTRACTS.

The terms of this Privacy Statement do not affect or amend the terms of any specific contract(s) you have entered or may enter into with Kylei or Kylei Affiliates, and your and Kylei’s (or Kylei Affiliates’) respective obligations thereunder, except as otherwise expressly set forth in such contract(s).

 

GOVERNING LAW AND DISPUTE RESOLUTION.

This Statement, and the handling of personal information under this Statement, is governed solely by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, to the exclusion of any rules of private international law or conflict of laws which would lead to the application of any other laws.

Kylei is based in the state of Florida in the United States. As a result, personal information may be processed, used, stored or accessed in the United States and may be subject to laws of that jurisdiction. For example, information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in these countries. In particular, information that is processed, used, stored, or accessed in the United States may be subject to the Patriot Act and applicable anti-terrorism legislation, together with other legislation applicable within the United States.

Any questions or concerns regarding the use or disclosure of personal information should be directed to Kylei at the address given below. Kylei will investigate and attempt to resolve complaints and disputes regarding the collection, use, and disclosure of personal information in accordance with the principles contained in this Statement.

Any claim or cause of action you may have arisen from, connected with, or relating to this Statement or to Kylei’s handling of your personal information, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

 

CONTACT INFORMATION.

Questions, comments, or requests related to your use of the Site, regarding this Statement, and Kylei’s information handling policies and procedures should be submitted to Kylei’s Corporate Communications department by mail or e-mail as follows: Kylei Enterprises, Inc..,

Attn: Corporate Communications, 10925 Estate Ln Ste# W200 Dallas, TX 75238.

By e-mail: info@kyleienterprises.com

 

CHANGES TO THIS STATEMENT.

From time to time, Kylei may modify this Statement and its information handling practices at its sole discretion. You are responsible for checking for revisions to this Statement each time you use the Site and, in any event, agree to be bound to changes to this Statement thirty (30) days after such changes have been introduced. Your use of the Site following any such changes constitutes your agreement to follow and be bound by the Statement, as changed, and to its application to all information gathered before and after its effective date.

Your California Privacy Rights.

(This Statement of California Privacy Rights was last updated June 1, 2020.)

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@kyleienterprises.com or write us at Kylei Enterprises, Inc.., Attn: Corporate Communications, 10925 Estate Ln Ste# W200 Dallas, TX 75238.

The California Consumer Privacy Act of 2018 (effective January 1, 2020) (the “CCPA”) grants to consumers residing in California (“California Consumer(s)”) additional privacy rights, when a business collects a California Consumer’s personal information. This Site is not to be used nor intended to be used by individual consumers to purchase consumer products or services. Kylei provides goods and services to businesses in need of shipping and logistics services including facilitating communications and information sharing among Kylei, Kylei Affiliates, brokers, independent sales agents and independent business capacity owners. WE DO NOT COLLECT PERSONAL INFORMATION FROM CALIFORNIA CONSUMERS OR THEIR HOUSEHOLDS AS DEFINED BY THE CCPA.

If, however, our practices change and we collect personal information from California Consumers, we will provide specific notice in compliance with the CCPA.

If you are a California Consumer and you believe that your personal information was collected by Kylei or a Kylei Affiliate, please contact us about your concerns:

Contact us by mail:

Kylei Enterprises, Inc..,

Attn: Corporate Communications, 10925 Estate Ln Ste# W200 Dallas, TX 75238.

Contact us via email at iinfo@kyleienterprises.com

MEXICO PRIVACY NOTICE

(This Policy Notice was last updated on February 12, 2022.)

Kylei Enterprises, Inc.. (“Kylei”) recognizes the importance of protecting personal data in accordance with the laws of Mexico. This Privacy Notice sets forth how we collect, use and process personal data in numeric, alphabetical, graphic, photographic, acoustic or any other form concerning an identified or identifiable individual (“Personal Data”). The items contained in this Privacy Notice are required by Mexico’s Federal Law on the Protection of Personal Data Held by Private Parties (“Data Protection Law”), its regulation and other applicable provisions.

• Kylei is considered the “Data Controller” pursuant to the Data Protection Law.
• We will not collect financial, property, or sensitive data from you without your express consent. Sensitive data is information related to the state of health, medical history, impairments, medical requirements, allergies, results of psychometric tests, gender, marital status, bank accounts, records, and affiliations.
• When express consent is required, we will provide you with a simple and free-of-charge means of providing express consent.
• If you have a legal relationship with Kylei, your express consent is not required for processing financial, property, or other Persona Data as strictly required by the relationship.
• We will not use your Personal Data for any purpose not described in our Privacy Policy.
• You may revoke your express consent for the use of your Personal Data at any time by contacting us at info@kyleienterprises.com and providing sufficient information so that we can comply with your request. In any case, said application must clearly detail the data or purposes for which your consent is revoked.
  
• Your use of this Site provides consent (tacit or express) for the collection of Personal Data through the technology means discussed in the Privacy Policy. If you do not consent to collection of Personal Data through your use of the Site, DO NOT USE THE SITE.
• The Personal Data collected is minimally necessary to provide you with useful information through access to the Site.
• Your Personal Data may be transferred to third parties or outside of Mexico to offer you goods or services in accordance with your use of the Site.
• Your consent is not necessary when transfers are done to Kylei Affiliates, when transfers are necessary to comply with the obligations derived from the relationship with Kylei.
• This Privacy Notice does not apply to corporations or individuals accessing the Site as businessmen and woman and professionals.
• If Personal Data is collected by technology means (as described in the Privacy Policy) it is presumed to comply with the Quality Principle of the Data Protection Law, until such time as you declare and prove otherwise.
• We will retain your Personal Data only as long as necessary to facilitate your use of the Site or services related to the Site.

Privacy Policy.

 

Please review Kylei’s Privacy Policy, which explains Kylei’s practices relating to the collection, use, storage (if any) and disclosure of information (including personal information) you provide through use of the Site. The Privacy Policy is incorporated herein by reference and is a part of these Terms of Use. By using the Site, you are consenting to the Privacy Policy.

Site Ownership; Copyrights and Trademarks; Intellectual Property Rights. Kylei, Kylei Affiliates and/or their licensors own the Site, its content, features, functionality, and systems, including the copyright, and all rights to trademarks and service marks used on the Site, and all other intellectual property rights therein. All rights not expressly granted or licensed herein are reserved to Kylei, Kylei Affiliates or licensors.

 

This Site and its entire contents, data, software, code, features, functionality (including but not limited to all information, text, displays, images, video, audio and the design, selection and arrangement thereof) materials, processes, procedures, methods, techniques and any other content (collectively “Data and Information”), are owned by Kylei, Kylei Affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property and proprietary rights (hereinafter “Intellectual Property Rights”).

You acknowledge, understand, and agree that Kylei retains all Intellectual Property Rights in and to all Data and Information, excluding Data and Information that you may provide.

Kylei’s and Kylei Affiliates’ trademarks and service marks (many of which are registered in the United States. Other product, service, and company names appearing in the Site may be the trademarks of their respective owners and are used by Kylei via license or under “fair use” principles. Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of the United States and other countries. No right or license to use any of these trademarks is granted in these Terms of Use.

Kylei or Kylei Affiliates are the owners of all domain names that link to Kylei websites in the US and internationally and/or relate to the business of Kylei, and unauthorized use of these names or any of them is not permitted.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Kylei.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: info@kyleienterprises.com