Version 1.1.0 (Last Modified: 5/21/2024)

Summary

This Privacy Notice for Employees and Contractors (“Privacy Notice”) explains what personal information (“PI”) Lynden Incorporated and its affiliates (collectively “Lynden”, “we”, “us”, or “our”) collects about you –as an employee or contractor– and how we use this PI.

This Privacy Notice is not intended and shall not be read to create any express or implied promise or contract for employment, any benefit, or specific treatment in specific situations. Nothing in this Privacy Notice shall interfere with Lynden’s ability to collect, use and store (collectively “process”) PI for purposes of complying with our legal obligations or for investigating alleged misconduct or violations of Lynden policy or law, subject to compliance with applicable, local legal requirements.

This Privacy Notice applies to Lynden Compass, also known as Compass Mobile Application, and other systems used by Lynden Incorporated and its affiliates.

Personal Information We Collect, Use and Store

We collect, use and store (collectively “process”) various types of PI about you in the operation of our business.

If you are an employee, we process PI about you –and your dependents, beneficiaries and other individuals associated with your employment– primarily for managing our employment relationship with you and managing your interactions with Lynden facilities and information systems.

If you are a contractor, the type of PI we process is limited to what we need to manage your engagement with Lynden and access to Lynden facilities and information systems.

The PI we process can include the following:

Personal Identifiers, Contact Information & Personal Information Categories. Your real name, alias, postal address, email address, unique personal identifier, online identifier, Internet Protocol (“IP”) address, account name, driver’s license number, state identification card number, photo, telephone number, emergency contact details, other similar identifiers, signature, state identification card number, physical characteristics or description or other personal information identified under the Personal Information Categories Under the California Customer Records statute ((Cal. Civ. Code § 1798.80(e)).

National Identifiers. Your social security number, passport number, other taxpayer/government identification number, social insurance number, citizenship status, residency status, and work permit status.

Demographic Information. Your date of birth, gender, race, ethnicity, or information about your health, disabilities, marital status, and veteran or military status (“Demographic Information”).

Employment Information. Your job title, position, office location, offer letter, employment agreement, hire date, compensation, employment, employment history, termination date, performance records, training records, leaves of absence, sick time, paid time off, extended leave and vacation records.

Spouse/Partner and Dependent Information. Your spouse’s/partner’s and dependents’ names, dates of birth, social security numbers, contact information, address and other information necessary to process benefits claims.

Background Information. Your academic and professional qualifications, education, resume, credit history and criminal records data (utilized for background screening and vetting purposes in accordance with applicable law) including non-publicly available educational information as defined under the Family Educational Rights and Privacy Act (“FERPA”) and related regulations (20 U.S.C. § 1232g; 34 C.F.R. §§ 99.1 to 99.67).

Geolocation Data. Your physical location or movements (e.g., determined through global position system (“GPS”) coordinates (e.g., latitude/longitude) or IP addresses through your mobile device or your use of a Lynden device).

Biometric Information. Data points and mathematical representations based on scans of your fingerprint and face (“Biometric Data”) to verify your identity to ensure secure, authenticated access to Lynden’s IT systems. Other biometric information (e.g., fingerprints and facial photos) to enable Lynden to comply with applicable laws including mandatory United States federal government laws (e.g., Transportation Worker Identification Credential (“TWIC”) applicable to the transportation industry.

Video, Voice and Image. Your video, voice, sensory and image data (e.g., your entry and exit may be recorded and monitored by closed-circuit television if you physically enter our facilities, photographs may be taken, recordings of telephone calls or virtual meetings or voicemail recordings may be made). Examples include but are not limited to: photographs, recordings of telephone calls, voicemail recordings, Microsoft Teams or other virtual meeting recordings or COVID-19 related temperature checks.

Financial Information. Your tax information, insurance policy number, salary, retirement account information, other financial account information (including bank account number, credit card number and debit card number), and other information necessary to administer applicable payroll, taxes, benefits or expense reimbursement requests.

IT System, Device & Usage Information. Internet, network or application data including browsing history, search history, login information, information regarding your interaction with websites or applications, emails (sent and received), calendar entries, to-do items, instant messages, text messages, and building and other information system access records when using and accessing Lynden devices, systems, applications, facilities and assets. We may also collect PI about you from third parties or public sources to support the employment or contractor relationship or to engage with you regarding potential job opportunities at Lynden (e.g., before and during your employment or assignment with Lynden we may collect information from public professional networking sources including your LinkedIn profile). We may also conduct lawful background screenings, to the extent permitted by law, through third-party vendors for information about your past education, employment, credit and/or criminal history. If there is an investigation of an incident involving employees, we may obtain information relevant to the incident from external sources including private parties, law enforcement or news sources and public social media posts.

Inferences Drawn from Other Personal Information. Your abilities, aptitudes, intelligence, preferences, characteristics, psychological trends, predispositions, behavior or attitudes.

Legal and Contractual Information. Law enforcement, governmental, legal, contractual, and potential and actual claim and litigation information.

Why We Process Personal Information

1. Administer Applicable Employment Agreement, Offer Letter or Other Commitments. We collect and use your PI primarily for the purposes of managing our employment or working relationship with you and to fulfill our obligations under your employment agreement or other agreement as applicable) including on-boarding, payroll, benefits administration, pension and retirement administration, managing time-off including sick time, paid time off, extended leave and vacation and other types of leave, tax reporting, etc. To the extent applicable, examples can include: your offer letter, employment agreement, performance reviews, promotion history, disciplinary history your bank account and salary information (e.g., so we can pay you or provide applicable human resources (“HR”) benefits), employee training and development.

2. Demographic Information. We process Demographic Information to: comply with local requirements and applicable law (e.g., anti-discrimination laws and government reporting obligations), monitor and ensure diversity and equal treatment and opportunity, provide work related accommodations or adjustments, provide health and insurance benefits to you and your dependents and manage absences from work.

3. Other Business Purposes. We also may collect and use your PI for other purposes including HR administration, maintaining a directory of employees and contractors, business management and operations, disclosures for auditing and reporting purposes, internal investigations, management of network and information systems security, business operations, security, safety, facilities management, provision and improvement of employee services and facilities, physical security, cybersecurity, data protection, diversity and inclusion initiatives, and in connection with the sale, assignment or other transfer of all or part of our business. We also use business data and other workplace usage, device and content data for organizational and individual analytics, benchmarking and data insight purposes to improve Lynden business operations, manager capability, and the employee experience. We may also process your PI to investigate potential violations of law or violations of our internal policies.

4. Legally Required Purposes. We may also use your PI when necessary to comply with laws and regulations, including collecting and disclosing PI as required by law or to exercise or defend Lynden’s legal rights.

Why We Share Personal Information

Your PI may be shared with our affiliates and other third parties (including service providers) for the following purposes:

1. to carry out the purposes of our PI processing as described above (see “Why We Process Personal Information” above);

2. to enable third parties to provide services on behalf of Lynden including financial investment service providers, insurance providers, pension administrators and other benefits providers, payroll support services, relocation, tax and travel management services, health and safety experts, facility management, legal service providers, and security services;

3. to comply with our legal obligations, regulations, government clearances, or contracts, or to respond to a court order, administrative or judicial process, such as a subpoena, government audit or search warrant (including counterparties to contracts and judicial and governmental bodies);

4. in response to lawful requests by public authorities , including to meet national security or law enforcement requirements;

5. to complete annual affirmative action plans (including PI such as name, race, gender, veteran and disability status) required to submit to the U.S. government as a U.S. federal government contractor under certain circumstances;

6. to seek legal advice from outside lawyers and advice from other professionals such as accountants, management consultants, etc.;

7. to establish, exercise or defend against potential, threatened or actual legal claims;

8. to protect Lynden, your safety and security, or the safety and security of others;

9. in connection with the sale, assignment or other transfer of all or part of our business (such as a potential acquiror and its legal and other professional advisers); or

10. otherwise in accordance with your consent.

Affiliates

This Privacy Notice is being provided on behalf of Lynden Incorporated and its affiliates including the following to the extent required by the CCPA and implementing regulations: Alaska Marine Lines, Inc.; Alaska Marine Trucking, LLC; Alaska West Express, Inc.; Bering Marine Corporation; Bowhead Equipment Company DBA Lynden Tank Company; Canadian Lynden Transport Co.; DeLong Mountain Logistics, LLC; Knik Construction Co., Inc.; LTI, Inc.; Lynden Air Cargo, LLC; Lynden Canada Co.; Lynden International Logistics Co.; Lynden Incorporated; Lynden Puerto Rico, Inc.; Lynden Transport, Inc.; Lynden Logistics, Inc.; Lynden Logistics Services, Inc.; Northland Services, Inc.

Changes to this Privacy Notice; Construction

We may occasionally update this Privacy Notice. When we do, we will revise the “last updated” date at the top of the Privacy Notice and post the revised Privacy Notice on this page. Any changes will become effective upon the posting of the revised Privacy Notice. We encourage you to periodically review this Privacy Notice. For purposes of this Privacy Notice: (i) the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation” and (ii) the word “or” is not exclusive.

How to Contact Us

If you have a privacy concern or question related to this Privacy Notice, please contact: Lynden Incorporated, Attn: Human Resources, 18000 International Blvd., Ste 800, Seattle, WA 98188 or HR@lynden.com. Employees and contractors with disabilities may access this notice in an alternative format by contacting HR@lynden.com.