Simplex Transportation Management Services, Inc. (“Company”) hereby provides notice of the following concerning disclosure and use of information (“Notice”):
Company understands that Carrier is authorized to disclose to Company and its Affiliates any and all information it has provided or will provide to Company and/or its Affiliates in furtherance of the services to be provided by Company and/or its Affiliates to Carrier, including but not limited to, any information relating to Carrier’s employees, contractors, drivers and all log-in information providing access to portals or websites, including with the respective department of transportation (“DOT”) (collectively “the Information”).
Company also understands that its disclosure of any Information to Company and its Affiliates is authorized and does not 1) infringe upon or violate any proprietary or other rights of any third party (including, without limitation, any third party confidential proprietary rights or privacy rights) nor 2) violate or breach any agreement with a third party, rights of third parties or applicable laws or regulations. In addition, Company’s or its Affiliate’s use of any such Information does not violate the rights of Carrier, its employees, contractors, drivers or other third parties and Carrier represents that it has obtained all necessary consents or authorizations required of Carrier, employees, contractors, drivers or other third parties.
To the extent it is necessary or appropriate for Company to fulfill its obligations or exercise its rights under the agreement between Company and Carrier, Company and its Affiliates may disclose or provide access to third parties for whatever use or purpose to all Information disclosed by Carrier to Company and/or its Affiliates and such third parties may disclose or provide access to such Information to other third parties for whatever use or purpose.
For purpose of this Notice, “Affiliates” shall mean any entity directly or indirectly controlling, controlled by, or under common control with Company (which includes parents and subsidiaries) which are now existing and/or that may exist in the future. The Affiliates are expressly intended third party beneficiaries to this Notice and may enforce and pursue any claim concerning the provisions of this Notice that apply to them.
Carrier shall provide notice to Company if any of the foregoing is not accurate or correct within (7) seven days of receiving this Notice. Otherwise, Company will assume the above information is accurate and correct and that Carrier has acknowledged and agreed to the foregoing.
Simplex Transportation Management Services, Inc.