Biometric Data Collection and Retention Policy for Employees

Hirschbach Motor Lines, Inc. (“Company”) collects, stores, and uses certain information that may be considered Biometric Data for certain purposes described below, and it may disclose that Biometric Data in certain circumstances.  This Policy explains what that means for you, and how you consent to Company’s activities.

Definitions

“Biometric Data” as used in this Policy includes both: (i) “Biometric Identifiers”, meaning a facial, retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or other physiological traits.  Biometric Identifiers do not include writing samples, written signatures, photographs, human biological samples used for scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color; and (ii) “Biometric Information”, meaning any information, regardless of how it is captured, converted, stored, or shared, that is based on Biometric Identifiers, including a facial, retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry, that is used to identify an individual.

Data Collection and Purpose

Company uses Lytx Inc.'s (“Lytx”) DriveCam Event Recorder (“DriveCam”) which consists of cameras and software technology, including artificial intelligence and machine vision, to manage our fleet and improve driver safety. The Lytx DriveCam system includes both a road-facing camera to capture video footage of critical events, along with an inward facing camera. Lytx’s DriveCam, including its inward facing camera, includes a feature called Machine Vision + Artificial Intelligence (“MV+AI”), which relies on facial and voice recognition technology to identify drivers and driver behavior. To the extent that these items are considered Biometric Data, Lytx's technology allows Company to use this Biometric Data to confirm that the Lytx DriveCam dash cameras are not obstructed or blocked, analyze driving and driver performance, improve customer service, optimize efficiency, improve safety, use for legal or litigation purposes and defense, analyze risk and to analyze harsh driving events. Using the features on Lytx's DriveCam enhances safety by increasing the efficacy of Lytx's driver-based insights, improve driver safety and efficiency, and also helps Company to maintain accurate logs of our operations.

The data collected from Lytx’s DriveCam will be disclosed to Lytx and stored on Lytx’s cloud servers which are accessible through a Lytx account. If the data collected from Lytx’s DriveCam is considered Biometric Data, then Lytx will have access to the Biometric Data to perform the functions of its services agreement with Company. A copy of Lytx’s privacy policy is available at https://www.lytx.com/en-us/privacy-policy.

Data Storage, Protection and Disclosure Policy

Company’s policy is to protect and store Biometric Data in accordance with applicable laws and regulations, including, but not limited to, the Illinois Biometric Information Privacy Act.  Specifically, Company shall use a reasonable standard of care to store, transmit, and protect from disclosure any Biometric Data collected. Such storage, transmission, and protection from disclosure shall be performed in a manner that is the same as or more protective than the manner in which Company stores, transmits, and protects from disclosure other confidential and sensitive information, including personal information that can be used to uniquely identify an individual such as social security numbers.

Any Biometric Data collected from drivers using Lytx’s DriveCam will not be disclosed to parties other than Company or Lytx, except in the following circumstances: (1) after Company obtains appropriate written consent from the driver(s); (2) when disclosure completes a financial transaction requested or authorized by the driver(s); (3) when disclosure is required by federal, state, or local law; or (4) when disclosure is required by a valid subpoena or warrant issued by a court. Within Company, the Biometric Data may be shared with only those employees who have a need to know for a specific business purpose.

Retention and Destruction of Biometric Data

Company will retain any Biometric Data collected using the Lytx DriveCam during the time that an individual is employed by Company in a role for which the Lytx DriveCam is used. At the conclusion of the employment relationship, or upon an employee’s transfer to a position for which the Lytx DriveCam is not utilized, whichever occurs first, Company will permanently delete the Biometric Data that it retained. In any event, any Biometric Data will be permanently deleted within three years of the driver’s last contact with Company. Absent a valid warrant or subpoena issued by a court of competent jurisdiction, Company will comply with this retention schedule and destruction guidelines.

Consent Form

Before you begin or continue employment with Company in a role for which the Lytx DriveCam is used, you must execute the Notice and Consent to Collection of Biometric Data form accompanying this Policy.