Privacy Policy

Quick Reference

1. Who We Are and Our Role

Motion Tech Inc. operates Motion TMS, a cloud-based transportation management system providing load management, dispatching, GPS tracking, and shipment visibility services.

Our role depends on context:

• When you register and use the Platform directly — we act as a data controller, making decisions about how your personal information is collected and used.
• When your employer or carrier uses our Platform and you use the App as a driver — your employer is the data controller and we act as a data processor, handling your personal information on their behalf and under their instructions. In this case, your employer's privacy policy may also apply to you, and you should direct privacy rights requests to your employer first. We will cooperate with and support those requests as required.

If you are unsure which situation applies to you, contact us at info@motiontms.com.

2. Information We Collect

2.1 Information You Provide

• Account information — your name, email address, phone number, company name, and driver's license information provided during registration. Driver's license information is treated as sensitive personal information — see Section 10.
• Communications — support requests, feedback, and any other messages you send to us.

When you register, we display a summary of what data we collect and why before you complete your account.

2.2 Information Collected Automatically — Platform

• Usage data — IP address, browser type, operating system, pages visited, and timestamps, collected to ensure the Platform operates correctly and securely.
• Session data — authentication tokens and session identifiers used to keep you logged in.
• Cookies and similar technologies — see Section 12 for full details.

2.3 Information Collected by the Motion Driver App

2.3.1 Location Data

The App collects your precise GPS location — including when the App is running in the background or is closed — to maintain continuous tracking during an active load.

• While the App is open: your GPS coordinates are collected in real time.
• While the App is minimized or closed: your GPS coordinates continue to be collected to ensure uninterrupted shipment visibility.

Location data is used solely to share your real-time position with your dispatchers and customers during an active load. It is never sold or provided to any party outside your organization.

2.3.2 Motion and Physical Activity Data

The App uses your device's built-in motion sensors to detect whether your device is moving or stationary. This is used exclusively to conserve battery life by activating GPS tracking only when movement is detected. This data is not shared with any third party for any purpose.

2.3.3 Photos and Documents

The App allows you to capture and upload proof-of-delivery photos and load-related documents — such as bills of lading and rate confirmations — using your device's camera or photo library. These files are linked to the relevant load and your driver account, and shared only within your organization as described in Section 6.

The App accesses your camera or photo library only when you actively choose to capture or upload a file. We do not access your camera, photos, or files at any other time, and we do not collect images or documents unrelated to a load.

2.3.4 Device and Technical Information

After you log in, the App collects technical information about your device to support security, authentication, troubleshooting, and reliable App performance. This includes your device model, operating system and App version, network and connection status, GPS availability, and similar technical metadata.

The App also records which permissions you have granted — such as location access, camera, and notifications — to help diagnose functionality issues. This information is collected at login and updated when the App or your operating system is updated, or during normal use.

3. How We Use Your Information

We use your information only for the purposes described below. We do not use your personal information for automated decision-making or profiling that produces legal or similarly significant effects.

3.1 Motion TMS Platform

• Provide, maintain, and improve the Platform and its features.
• Manage accounts and authenticate users.
• Facilitate load management, dispatching, and shipment tracking.
• Communicate with you about account activity, updates, and support.
• Detect and prevent fraud, security threats, and technical issues.
• Comply with applicable legal obligations.

3.2 Motion Driver App

• Share your real-time location with dispatchers and customers during an active load.
• Enable automated shipment status updates without requiring manual check-ins.
• Display your location within the App — all data shared externally is also visible to you.
• Conserve battery life by activating GPS only when motion is detected.
• Associate captured photos and uploaded documents with the relevant load.
• Maintain account and session security, and troubleshoot device-specific issues such as GPS accuracy, photo uploads, and notification delivery.

4. App Permissions

Before each permission is requested, the App displays a plain-language explanation of what data will be collected and why. For location and other sensitive data, this explanation forms the basis for your consent.

Android

For background tracking to work correctly, when prompted select "Allow all the time" for location access. You may change any of these choices at any time in your device settings.

iOS

5. When Location Data Is Collected

Location and motion data are collected only when GPS tracking is active — that is, during an active load or when tracking has been explicitly enabled. Data collection stops immediately when you tap "Stop Tracking" on the GPS Tracking Settings page. No location or motion data is collected when tracking is off.

6. Data Sharing and Disclosure

We do not sell your personal information. We do not share it for cross-context behavioral advertising. We disclose your information only as described below.

6.1 Within Your Organization

Location and load data is shared with:

• Your dispatchers — for load coordination.
• Your customers — for real-time shipment visibility.
• Your company administrators — who manage accounts within the Platform.

6.2 Service Providers (Subprocessors)

We work with trusted third-party service providers who process data on our behalf. These providers are contractually prohibited from using your data for their own purposes and must maintain appropriate security standards. They include:

• Cloud hosting and infrastructure providers (data hosted in the United States)
• Customer support tools
• Analytics and error-monitoring services

We will update this Policy or notify affected parties when we make material changes to our subprocessors.

6.3 No Sale or Advertising Use

We do not sell, rent, or disclose your personal information — including location data — to advertisers, data brokers, or any third party for commercial or advertising purposes.

6.4 Legal Requirements

We may disclose your information when required by applicable law, regulation, subpoena, or court order, or when we have a good-faith belief that disclosure is necessary to protect rights, safety, or prevent unlawful activity.

6.5 Business Transfers

In the event of a merger, acquisition, or similar corporate transaction, your information may be transferred as part of that transaction. We will notify you before your data becomes subject to a materially different privacy policy.

7. Data Security

We protect your information using industry-standard safeguards:

• All data is encrypted in transit between your device and our servers.
• Access to personal data is restricted to authorized personnel only.
• We conduct regular security reviews and maintain technical and organizational controls.
• Our infrastructure is hosted in the United States with reputable cloud providers.

No method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security. In the event of a data breach affecting your personal information, we will notify you and applicable authorities as required by applicable US state and federal law.

8. Data Retention

We retain personal information only as long as necessary for the purposes described in this Policy or as required by law. When data is no longer needed, we delete it or anonymize it such that it can no longer reasonably be linked to an individual.

9. Your Privacy Rights and Controls

Depending on your location and applicable law, you may have the right to:

• Access — obtain a copy of the personal data we hold about you.
• Correct — request correction of inaccurate or incomplete data.
• Delete — request deletion of your personal data.
• Export — receive your data in a portable, machine-readable format.
• Restrict or object — limit or object to certain processing activities.
• Withdraw consent — where processing is based on your consent, withdraw it at any time without affecting prior processing.
• Opt out — of the sale of personal information, sharing for behavioral advertising, and profiling. We do not engage in any of these activities.
• Limit — the use of sensitive personal information beyond operational purposes (see Section 10).

How to Exercise Your Rights

Submit a request by emailing info@motiontms.com with the subject line "Privacy Request," or by writing to us at the address in Section 16.

To protect your information, we will verify your identity before responding. You may designate an authorized agent to submit a request on your behalf where permitted by law.

If you are a driver whose employer uses our Platform, please direct your request to your employer first. We will cooperate with your employer to fulfill verified requests.

We will respond within 45 days of a verifiable request. If we need additional time (up to 45 more days), we will notify you in advance. Requests are free of charge. We will not deny service, charge you more, or treat you differently for exercising your privacy rights.

Appeals

If we decline to act on your request, we will explain why in writing. Where applicable law provides a right to appeal, email us at info@motiontms.com with the subject line "Privacy Appeal." We will respond within the timeframe required by law. If your appeal is denied, you may contact your state attorney general's office.

In-App Controls

You can manage your data directly within the App:

• Enable or disable GPS tracking at any time from the GPS Tracking Settings page.
• View the current status of all permissions on the GPS Tracking Settings page.
• Revoke any permission through your device settings (note: some App features require certain permissions to function).
• Request account deletion and removal of associated personal data from within the App.

10. Sensitive Personal Information

We collect the following categories of sensitive personal information:

• Precise location — collected only when GPS tracking is active, used solely for real-time shipment visibility, and never used to infer characteristics about you.
• Driver's license information — collected at registration for identity and eligibility verification, limited to what is necessary, and stored under appropriate safeguards.

We use and disclose sensitive personal information only for the operational purposes described in this Policy. We do not use it to draw inferences about you, and we do not use or disclose it in ways you would not reasonably expect.

You can stop the collection of location data at any time by disabling GPS tracking or revoking the location permission in your device settings. Where applicable law requires opt-in consent to process sensitive data, we obtain that consent through the in-app disclosure and permission flow described in Section 4.

11. Data Breach Notification

In the event of a security breach that affects your personal information, we will:

• Notify affected individuals without unreasonable delay and within the timeframe required by applicable state law (most states require notification within 30–72 hours of discovery for certain breach types).
• Notify applicable state regulators and law enforcement agencies as required.
• Provide you with a description of what happened, what data was affected, what we are doing in response, and what steps you can take to protect yourself.

To report a suspected security issue, contact us at info@motiontms.com with the subject line "Security Report."

12. Cookies and Tracking Technologies

The Platform uses cookies and similar technologies to operate correctly and to understand how it is used.

We do not use cookies for advertising or cross-site tracking. We do not allow third-party advertisers to place cookies on the Platform.

Do Not Track and Global Privacy Control: We honor the Global Privacy Control (GPC) signal where required by law. We do not currently respond to browser-level "Do Not Track" (DNT) signals, as no uniform standard for DNT has been adopted. This does not affect your other rights under this Policy.

To manage cookies: Use your browser settings to view, block, or delete cookies. Note that disabling essential cookies will affect your ability to use the Platform.

13. US State Privacy Rights

California Residents (CCPA / CPRA)

California residents have the right to know, access, delete, correct, and opt out of the sale or sharing of personal information, and to limit the use of sensitive personal information. We honor non-discrimination rights.

• Categories of information collected: identifiers, precise location, internet and network activity, professional information, and photos and documents uploaded through the App.
• Sources: directly from you, automatically from your use of the Services, and from your device.
• Third parties who receive your information: service providers, and within your organization, your dispatchers, customers, and administrators.
• Sensitive personal information: precise location and driver's license information — used only as described in this Policy.

We do not sell or share personal information for cross-context behavioral advertising.

Residents of Other US States

Residents of US states with applicable comprehensive privacy laws have the right to access, correct, delete, and obtain a portable copy of their personal data; to opt out of targeted advertising, sale, and certain profiling; and, where provided by their state's law, to appeal a denied request as described in Section 9. We obtain opt-in consent for the processing of sensitive data where required by state law.

To exercise your rights, contact us as described in Section 9. Unresolved concerns may be directed to your state attorney general's office.

14. Children's Privacy

The Services are designed for commercial drivers and logistics professionals. We do not knowingly collect personal information from anyone under the age of 18. If you believe someone under 18 has provided us with personal information, please contact us at info@motiontms.com and we will promptly delete it.

15. Changes to This Policy

We may update this Privacy Policy from time to time. When we do:

• We will update the "Last Updated" date at the top of this page.
• For material changes, we will notify you through the Services, by email, or by other appropriate means before the changes take effect.
• For changes that affect consent-based processing — such as how we collect or use location data — we will seek your affirmative acknowledgment where required by law.

We maintain a version history below so you can see what has changed.

Continued use of the Services after a change takes effect constitutes acceptance of the revised Policy, except where your affirmative consent is required.

Version History

16. Contact Us

We welcome questions, concerns, and requests about this Privacy Policy.