Website Disclaimers

Empire Compliance, herein referred to as Empire. Empire is not a law firm. As such, Empire does not provide legal advice. All information contained on Empire’s website is provided for informational purposes only and should not be construed as legal advice on any subject. All customers of Empire must direct questions about legal issues and legislative developments to their legal counsel. The material on this Website may not reflect the most current legal developments, and Empire does not guarantee completeness or accuracy of the provided information. The content and interpretation of laws and regulations addressed on this Website is subject to revision. Empire disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website to the fullest extent permitted by law. Do not act or refrain from acting upon information on or linked through the Empire website without seeking professional legal counsel. Empire will accept no responsibility for any actions taken or not taken on the basis of any publications on its Website, including but not limited to, blog posts, webinars, videos, podcasts or any other media published by Empire.

By accessing and/or using the Website, you as a user acknowledge this disclaimer and agree to be bound by the Website terms and conditions. The transmission and receipt of information contained on this Website, in whole or in part, or communication with Empire via the Internet or e-mail through this Website does not constitute or create an attorney-client relationship between Empire and any user of the Website. You should not send Empire any confidential information in response to any blogs, webinars, or other information from this Website.

Privacy Policy

Empire Compliance, LLC and our affiliates (including any joint ventures controlled by Empire) (“Empire,” “we,” “our,” or “us”) provide Department of Transportation (“DOT”) compliance services and background checking services for employers in the transportation industry and other companies (“Customers”) and other related products and services, including online portals that allow prospective and/or current employees, independent contractors, temporary workers/employees, and/or other individuals for legally permissible employment-related purposes (collectively and each, a “Candidate”) to apply for open positions with our Customers (the “Platforms”). We also maintain websites that allow visitors to learn and communicate with us about our products and services (the “Sites”). Collectively, we refer to our Sites, Platforms, and other websites, platforms, portals, and APIs that allow Customers to access our products and services as the “Services.”

This Privacy Policy describes the personal information that we collect from Customers, Candidates, and visitors via the Sites and in connection with the Services, how we use and share that information, the choices you have, and how you can contact us if you have questions or concerns.

This Privacy Policy does not apply to information that we provide to our Customers for employment screening purposes (“Consumer Reporting Information”). Consumer Reporting Information is governed by the Fair Credit Reporting Act and other related statutes, and is outside the scope of this Privacy Policy.

Personal Information We Collect

We collect the following categories of information. Information you give us:

• Contact details, such as first and last name, email address, phone number, state and city, company name, and job title.
• Employment and background information from Candidates, such as previous positions, credentials, demographic information, education history, and any other information Candidates provide to us via our Platforms.
• Services inquiries, including information about a Customer’s business needs, such as the number of drivers a Customer has, and the Services you express interest in.
• Purchases and transactions, including purchase and transaction history, information about your business needs and use of the Services.
• Communications that we exchange with you, including when you contact us with questions, feedback, or otherwise, or when you provide testimonials about our Services.
• Marketing information, such as your preferences for receiving communications about our Services and publications, and details about how you engage with our communications.

Information we obtain from other sources: We may maintain pages on social media platforms, such as Facebook, Twitter, Instagram, LinkedIn, and Glassdoor. When you visit or interact with our pages on those platforms, you or the platforms may provide us with information through the platform.

Automatic data collection. We and our service providers may automatically log information about you, your computer or mobile device, and your interaction over time with our Sites, such as:

• Device data, such as your operating system, manufacturer and model, browser type, IP address, unique identifiers, language settings, mobile device carrier, and general location information such as city, state or geographic area; and
• Usage data, such as pages or screens you viewed, the links and objects you click or otherwise interact with, how long you spent on a page, browsing history, and access times. Our emails may also contain tracking pixels that identify if and when you have opened an email, how many times you have read it and whether you have clicked on any links. We use tracking technologies to automatically collect this Usage data.

We may collect this information using cookies and other similar technologies. Cookies are text files that websites store on a visitor’s device or in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, and helping us understand user activity and patterns. For more information on how you can control cookies, please see the ‘Your Choices’ section below.

How We Use Personal Information

To provide the Sites and our Services. This includes administering, hosting, and operating the Sites and Services; communicating with you and responding to inquiries; analyzing your use of the Sites and Services to evaluate and improve them; and recommending open positions to Candidates based on their credentials.

Research, development, benchmarking, and improving our Sites and Services. We may use personal information to analyze and improve the Site and our Services, identify trends, and operate and expand our business activities. We may also create aggregated, anonymized, or other de-identified statistics, which we may use for lawful business purposes, including analytics, forecasting, and strategic planning.

Marketing and advertising, including direct marketing communications as permitted by law (newsletters, promotions, offers and events via postal mail, email, telephone, text message, and other means) and interest-based advertising through our advertising partners.

For compliance and protection, including to enforce applicable terms and conditions, comply with legal obligations, defend against legal claims or disputes, protect the security and integrity of our Services, and identify and investigate fraudulent, harmful, unauthorized, unethical or illegal activity.

How We Share Personal Information

We may share personal information with: Affiliates (our corporate parent, subsidiaries, and affiliates); Customers (we share Candidate information with Customers when Candidates apply for a position); Service providers (companies that provide services on our behalf, such as hosting, CDNs, data and cyber security, billing and payment processing, fraud prevention, analytics, communications, support, and customer-relationship systems); Advertising and channel partners (we do not share Candidate employment and background information for these purposes); Professional advisors (lawyers, auditors, bankers and insurers); Authorities and others (law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate); and Business transferees (in connection with a corporate transaction such as a merger, acquisition, reorganization, or sale).

How You Share Personal Information

Our Sites include public blogs or forums, and we participate in various social channels and communities on other platforms. Any information you submit on these forums, blogs and communities — including profile information associated with the user profile you use to post — may be read, collected, and used by others who access those websites. Due to the nature of such public forums, your posts and certain profile information may remain visible to all even after you terminate your user profile.

Your Choices

Unsubscribe from direct marketing communications. You may opt out by following the opt-out or unsubscribe instructions contained in the marketing communication we send you.

Privacy choices. If you reside in California, you may have the right to obtain information about how we collect, use, and share your personal information; to request access, correction, and deletion of your personal information; and to exercise these rights free from discrimination. We do not sell personal information. We may share personal information with advertising and channel partners for interest-based advertising, and you can opt out as described below. These rights do not apply to Consumer Reporting Information or information we cannot reasonably associate with you, and your choices may be limited under applicable law.

Opt-out of interest-based advertising. You may limit online tracking by blocking cookies in your browser; blocking advertising-ID use in your mobile settings; using privacy plug-ins or browsers (e.g., Brave, Privacy Badger, Ghostery, uBlock Origin); and using platform and industry opt-out tools, including:

• Google: adssettings.google.com · Google Analytics opt-out: tools.google.com/dlpage/gaoptout
• Digital Advertising Alliance: optout.aboutads.info · Apps: youradchoices.com/appchoices
• Network Advertising Initiative: optout.networkadvertising.org

Because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use. Do Not Track: we currently do not respond to “Do Not Track” or similar signals.

Data Security

We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, no security measures are failsafe and we cannot guarantee the security of your personal information.

Data Retention

We may retain your personal data for as long as it is reasonably needed to maintain and expand our relationship and provide you with our Sites and Services; to comply with our legal and contractual obligations; or to protect ourselves from potential disputes, all in accordance with our data retention policy.

Children

Our Sites are not intended for use by children. If we learn that we have collected personal information through our Sites from a child under 13 without the consent of the child’s parent or guardian as required by law, we will delete it.

Changes to This Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes, we will notify you by updating the date of this Privacy Policy and posting it on our Services, and may also provide notification in another way reasonably likely to reach you.

How to Contact Us

Contact Form or Enroll Form · 347-915-6749 · support@empirecompliance.net

Empire Terms of Service

The following terms and conditions (“Terms of Service”) will be legally binding upon your submission of a completed payment required during the enrollment process and/or upon Empire’s acceptance of an order for services placed on or through the Empire website.

1. Definitions

• “Confidential Information” means, except as set forth below: (a) User Data; and (b) any commercial, financial, marketing, business, technical or other data, security measures and procedures, know-how or other information disclosed by or on behalf of the disclosing party to the receiving party for purposes arising out of or in connection with this Agreement. The following shall not be Confidential Information: (1) information in the public domain at the time of disclosure or that becomes public through no fault of the receiving party; (2) information rightfully in the receiving party’s possession without restriction prior to disclosure; (3) information rightfully disclosed by a third party without restriction; and (4) aggregate data collected or generated by Empire regarding its products and services that does not contain personal information.
• “Electronic Communications” means any transfer of signs, signals, text, images, data or records of any nature transmitted in whole or part electronically received and/or transmitted through the Website.
• “Service” means, collectively, the training, assessment, testing, screening, reporting, audit results, and record-keeping service performed by Empire that is procured by User from Empire.
• “URL Terms” means the terms with which User must comply, located at a URL, referenced in this Agreement and hereby incorporated by reference.
• “User” means an individual or entity which registers an Empire user account and/or for which enrollment in any Service offered by Empire on or through the Website has been procured.
• “User Data” means all data, records and information submitted to Empire by User or its affiliate.
• “Website” means empirecompliance.net or any successor website.

User acknowledges and agrees to the following terms of service, which together with the URL Terms set forth in Empire’s Privacy Policy and Website Terms of Use, shall govern User’s access and use of the Services (collectively, the “Agreement”).

2. Terms of Service

2.1 Accuracy of User’s Contact Information

User shall provide accurate, current and complete information on User’s legal business name, address, email address, and phone number, and maintain and promptly update this information if it should change.

2.2 User Passwords, Access, and Notification

Empire will act as though any Electronic Communications it receives under User’s passwords, user name, and/or account number were sent by User. User shall use commercially reasonable efforts to prevent unauthorized access to or use of the Service and shall promptly notify Empire of any unauthorized access or use, or any loss, theft or unauthorized use of any password, name and/or Service account numbers.

2.3 General Restrictions

User is responsible for all activities conducted under User’s logins and for its employees’ and agents’ compliance with this Agreement. User shall not use the Service in a manner that violates any third-party rights of privacy or intellectual property rights. Empire has the right to take remedial action if this section is violated, which may include removing or disabling access to violating material.

2.4 Other Restrictions

Except as permitted by this Agreement, no part of the Service may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means.

2.5 Transmission of Data

User understands that the technical processing and transmission of Electronic Communications is fundamentally necessary to use of the Service, and that access to the Service and User Data may be temporarily interrupted for equipment modifications, upgrades, relocations, repairs, and similar activities. Without limiting Empire’s obligations under Sections 2.6 and 2.7, Empire is not responsible for any Electronic Communications and/or User Data delayed, lost, altered, intercepted or stored during transmission across networks not owned and/or operated by Empire.

2.6 Security

Empire shall maintain commercially reasonable administrative, physical and technical safeguards designed for the protection, confidentiality and integrity of User Data. During the Term, Empire shall maintain Payment Card Industry Data Security Standards compliance for the portions of the Service that store and process credit card data.

2.7 Confidentiality

Each party agrees to use at least a commercially reasonable degree of care to protect the confidentiality of the other’s Confidential Information and not to use or disclose it except as necessary to perform its obligations or exercise rights under this Agreement or as directed by User. Confidential Information may be disclosed on a need-to-know basis to affiliates, contractors and Service Providers bound by confidentiality obligations at least as restrictive as those herein, and to the extent required by law or court/governmental order. User must input credit card information and social security numbers only in the fields designated for such data in the Service.

2.8 Ownership of User Data

As between Empire and User, all title and intellectual property rights in and to the User Data are owned exclusively by User. Empire and its affiliates, contractors and service providers may store and maintain User Data for a period consistent with standard business processes. Following expiration or termination, Empire may deactivate the applicable User account(s) and data stored therein shall be subject to deletion in accordance with Empire’s data retention and disposal policy.

2.9 Warranties

Each party represents that it has validly entered into this Agreement and has the power and authority to do so. Empire warrants that during the subscription term it will perform the Service using commercially reasonable care and skill in all material respects as described in the enrollment forms and will not materially decrease the described functionality during the then-current term. If the Service was not performed as warranted, User must promptly provide Empire with written notice describing the deficiency.

2.10 Term and Termination

Term. This Agreement commences on the date of User’s enrollment in any Service and continues for one (1) year (the “Term”), whereupon Empire shall discontinue the Service and this Agreement shall expire unless renewed by User on the Website through submission of a completed payment request within thirty (30) days of the anniversary date.

Suspension for Delinquent Account. Empire may suspend access if any payment is due but unpaid, but only after providing a delinquency notice and at least thirty (30) days have passed. Empire shall not be liable for any such suspension.

Termination for Cause; Expiration. Either party may immediately terminate for a material breach not cured within thirty (30) days of written notice. Upon termination or expiration, User has no right to continue use of the Service. If User terminates for any reason other than as expressly permitted, Empire is entitled to all fees due for the entire Term. If terminated due to Empire’s breach, User is entitled to a pro-rata refund of service fees for the terminated portion. Absent a breach by Empire or discontinuation of the Service, no portion of the fees is subject to refund.

2.11 Notice

Any legal notice required under this Agreement shall be provided in writing. If User has a legal dispute with Empire, or becomes subject to insolvency or similar proceedings, User will promptly send written notice to: Empire Compliance, LLC, 1257 Paterson Plank Road, Secaucus, NJ 07094, Attention: Legal Department.

2.12 Service Fees and Payment

Service Fees. The amount and payment schedule of service fees and other charges shall be posted on the Website and accepted by User upon submission of a completed payment request.

Payment. If User fails to pay any service fees within thirty (30) days from the date of invoice, unpaid amounts shall accrue interest from the due date at the lesser of (1) 6% per annum or (2) the maximum rate permitted by applicable law.

Limited Refund Policy. Regardless of circumstances, refund requests relating to enrollment and renewal payments will only be considered if made by User before the earlier of (i) 5:00 p.m. CT on the date User’s payment is completed, and, if applicable, (ii) Empire’s completion of any requested enrollment audit. Upon completion of any enrollment audit requested by User, significant services will have been rendered and no refund will be issued. For trainings, refund requests will only be considered if made before login credentials are issued. All refund requests must be made in writing to support@empirecompliance.net.

2.13 Modifications; Discontinuation of Service

Empire may modify the Service or particular features from time to time and will use commercially reasonable efforts to notify User of material modifications, and may discontinue the Service at the conclusion of User’s then-current subscription term. If Empire makes a material change to any URL Terms, it will notify User by email or by posting a notice; if the change has a material adverse impact and User does not agree, User must notify Empire within thirty (30) days and will remain governed by the prior URL Terms until the end of the then-current term.

2.14 Service Monitoring and Analyses

Empire continuously monitors the Service to operate it, resolve service requests, detect and address threats and illegal acts, and address violations of its Website Terms of Use. Empire monitoring tools do not collect or store User Data except as needed for such purposes. Empire may compile statistical and other information related to the performance, operation and use of the Service, and use data from the Service in aggregated form for security and operations management, statistical analyses, and research and development.

2.15 Miscellaneous

No Third-Party Rights. This Agreement creates no rights in any person other than Empire and User. Relationship. The parties are independent contractors; nothing creates a partnership, joint venture, employment, franchise, or agency relationship. Force Majeure. Any delay or failure of performance by Empire is excused to the extent caused by a Force Majeure Event (fire, explosion, acts of God, strikes, acts of civil or military authorities, public enemy, pandemics, epidemics, emergency orders and changes in law) beyond Empire’s control. Severability. If any provision is determined to be illegal, unenforceable, or invalid, it shall be stricken and, where possible, replaced with a valid provision as similar in tenor as legally possible, without affecting the remainder of the Agreement.

California Consumer Privacy Act (CCPA)

At Empire Compliance, we are committed to safeguarding your personal data in compliance with the California Consumer Privacy Act (CCPA). Transparency and trust are at the core of our data protection practices. Below, we outline the measures we take to protect your data and the trusted vendors we collaborate with to ensure full CCPA compliance.

Our Trusted Vendors

We carefully select vendors who process personal data on our behalf and ensure they meet stringent data protection standards. Our key vendors include:

• Zoho
• Google Workspace
• i3screen
• TazWorks
• Laboratory Partners: Clinical Reference Lab, Quest Diagnostics, Omega Laboratories, Abbott Laboratories
• Veriforce
• ISNetworld

We take full responsibility for ensuring that our vendors comply with CCPA requirements through robust data protection agreements. Each vendor undergoes a thorough assessment to confirm their adherence to CCPA regulations. If you have any questions or need further clarification about our data protection measures, please do not hesitate to contact us.

HIPAA Compliance

Health Information Privacy Policies & Procedures. The Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH Act), establishes rules to protect individuals’ health information. Certain components of Empire Compliance, LLC may qualify as “covered entities” under HIPAA Rules. To ensure compliance, we have elected hybrid entity status and designated specific health care components responsible for adhering to HIPAA requirements. This policy outlines how Empire Compliance meets its obligations under 45 C.F.R. §§ 164.103 and 164.105.

1. Required Safeguards

• Separation of Components: Health care components do not share PHI with non-health care components unless permitted under HIPAA.
• Protection of ePHI: Electronic PHI will be safeguarded according to HIPAA Security Rules (45 C.F.R. Part 164, Subpart C).
• Workforce Roles: Workforce members with dual roles must adhere to the strict segregation of PHI in compliance with HIPAA Privacy Rules.
• Compliance Requirements: Health care components comply with HIPAA Privacy, Security, and Breach Notification Rules, along with business associate agreements.

2. Employee Health Records

Employee health records, managed by our HR department, are excluded from HIPAA’s PHI definition. These records are treated as employment records and are not subject to HIPAA compliance.

3. Recordkeeping Requirements

Empire Compliance will retain documentation regarding health care component designations for at least six years after the removal of a component’s designation, and indefinitely unless superseded by specific documentation policies.

4. HIPAA Privacy and Security Officer

A designated HIPAA Privacy and Security Officer oversees compliance for all health care components. For questions or concerns, contact the officer at support@empirecompliance.net or 347-915-6749.

5. Protected Health Information (PHI)

• Authorization Requirements: Written authorization is required for most uses or disclosures of PHI.
• Permitted Disclosures Without Authorization: Certain disclosures, such as public health activities or law enforcement purposes, may occur without patient consent.
• Verification of Identity: Identification and authority verification are mandatory before releasing PHI to unknown parties.

6. Minimum Necessary Standard

Empire Compliance limits PHI use, access, and disclosure to the minimum necessary to accomplish the intended purpose, with predefined procedures for routine requests and case-by-case evaluations for non-routine requests.

7. Business Associates

All business associates must sign agreements guaranteeing the safeguarding of PHI. In the event of a breach, prompt corrective action will be initiated, and non-compliance may result in contract termination or reporting to the U.S. Department of Health and Human Services (HHS).

8. Patients’ Rights

• Access: Patients may inspect or receive copies of their PHI upon written request.
• Amendment: Patients may request corrections to their records.
• Disclosure Accounting: Patients have the right to a record of non-routine disclosures.
• Restrictions: Patients may request limitations on PHI usage or disclosures.
• Alternative Communications: Patients may request confidential communications through alternative methods.

9. Workforce Training and Management

Staff involved with PHI receive initial and ongoing training regarding HIPAA policies and procedures; violations may result in disciplinary action, including termination; and procedures are in place to address patient complaints.

10. Data Safeguards

Empire Compliance implements administrative, technical, and physical safeguards to protect PHI, including limiting incidental uses and disclosures and documenting privacy practices for at least six years.

11. State Law Compliance

Where state laws provide greater privacy protections than HIPAA, Empire Compliance will comply with the stricter standards.

12. HHS Enforcement

Empire Compliance will cooperate fully with HHS during compliance reviews or investigations, granting access to relevant records while protecting the rights of the organization and its patients. Failure to adhere to this policy may result in disciplinary actions, including termination or legal consequences.

Human Trafficking Policy

At Empire Compliance, we are committed to supporting victims of human trafficking by ensuring that adverse information resulting from trafficking does not unfairly impact their consumer reports. If you are a victim of sex trafficking or severe forms of trafficking in persons, you may request that Empire Compliance block such adverse information from your consumer report.

Steps to Request Blocking of Adverse Information

1. Proof of Identity

Submit a copy of one of the following: Driver’s License, Government-issued ID, Passport, Social Security Card, or Birth Certificate.

2. Victim Determination Documentation

Provide official documentation confirming your status as a victim of trafficking.

3. Information to be Blocked

Include a detailed list of the report information that resulted from trafficking, including any information from the time of exploitation.

How to Submit Your Request

You may send your request and supporting documents to: Empire Compliance, 1257 Paterson Plank Road, Secaucus, NJ 07094. Phone: 347-915-6749 · Email: support@empirecompliance.net.

Processing Timeline

• Response to Initial Request: Within 5 business days of receipt.
• Final Determination: Within 25 business days of receipt of all required documentation.
• Blocking Adverse Information: Adverse information will be blocked within 4 business days once all necessary information is received.

Privacy Policy (Summary)

Effective Date: 12/06/2024

Thank you for visiting empirecompliance.net (the “Site”). Protecting your privacy is important to us. This Privacy Policy explains the practices of Empire Compliance, LLC (“Empire Compliance,” “we,” or “us”) regarding the Personal Data we collect on our Site and dependent pages, products, and applications; how we use Personal Data internally; and our policies on sharing Personal Data with third parties. This policy applies to all visitors and registered users of our Site (collectively, “Users”).

Definition of Terms

“Client” refers to any individual or entity that engages with Empire Compliance and adheres to strict confidentiality agreements regarding Personal Data or has obtained explicit consent from the User. “Personal Data” refers to information that identifies or can reasonably be used to identify an individual, such as name, email address, IP address, phone number, address, billing information, or date of birth. It does not include anonymized or publicly available information.

Declaration of Consent

By submitting Personal Data through our Site, you consent to the practices outlined in this Privacy Policy. If you do not agree, please refrain from using our Site. You may withdraw your consent at any time by contacting us using the details provided in the Contacting Us section below.

Information Collection

We collect Personally Identifiable Information (PII) provided voluntarily during activities like registration, subscription, or form submission (e.g., name, postal address, email address, phone number), and Non-Personally Identifiable Information automatically collected during Site interaction (e.g., browser type, operating system, IP address, and session duration).

How We Use Your Personal Data

• Contact you regarding the Site or notify you about important updates.
• Provide requested services, products, or information.
• Fulfill contractual obligations, including billing and collection.
• Improve customer service and user experience.
• Customize advertising and content.
• Respond to inquiries or provide customer support.
• Comply with legal requirements.

For employment applications, we use Personal Data exclusively for recruiting purposes.

Information Sharing and Disclosure

We do not sell, trade, or rent Users’ Personal Data. We may share data with affiliates and service providers to support our operations; with clients, if you have consented, for purposes like background checks or compliance management; and as required by law, for legal compliance, public safety, or fraud prevention.

Data Retention

We retain Personal Data as long as necessary to fulfill legitimate business needs or legal obligations.

Cookies and Tracking Technologies

Our Site uses cookies to enhance user experience and remember preferences, and to measure the effectiveness of Site features and offerings. Users may disable cookies via browser settings, but certain Site functionalities may be limited.

Security

We implement robust security measures, including encryption (SSL/TLS), to protect Personal Data from unauthorized access, alteration, or disclosure.

Your Privacy Rights

California Residents: right to opt out of data sharing for marketing purposes and to access saved Personal Data upon written request. EU/EEA Residents (GDPR): right to access, correct, erase, or restrict processing of Personal Data, and the right to data portability and objection to direct marketing. To exercise your rights, contact us using the details in the Contacting Us section.

Children Under 16

We do not knowingly collect data from individuals under 16. Parents or guardians should assist with submissions when applicable.

Third-Party Websites

Our Site may link to third-party websites. We are not responsible for their privacy practices. Interaction with these websites is subject to their policies.

Changes to This Privacy Policy

We may update this policy at any time. Significant changes will be announced prominently on our Site. Continued use of the Site constitutes acceptance of the revised policy.

Contacting Us

Empire Compliance, Attn: Privacy Policy, 1257 Paterson Plank Road, Secaucus, NJ 07094. Email: support@empirecompliance.net.