Night Owl New Employee Information

EMPLOYEE will perform services for Night Owl National Contractors, Inc. which may require Night Owl National Contractors, Inc. to disclose confidential and proprietary information (“Confidential Information”) to EMPLOYEE. Confidential Information is any information of any kind, nature, or description concerning any matters affecting or relating to Employee’s services for Night Owl National Contractors, Inc., the business or operations of Night Owl National Contractors, Inc., and/or the products, drawings, plans, processes, or other data of Night Owl National Contractors, Inc. Accordingly, to protect the Night Owl National Contractors, Inc. Confidential Information that will be disclosed to EMPLOYEE, the EMPLOYEE agrees as follows.

1. EMPLOYEE will hold the Confidential Information received from Night Owl National Contractors, Inc. in strict confidence and shall exercise a reasonable degree of care to prevent disclosure to others.
2. EMPLOYEE will not disclose or divulge either directly or indirectly the Confidential Information to others unless first authorized to do so in writing by Night Owl National Contractors, Inc.
3. EMPLOYEE will not reproduce the Confidential Information nor use this information commercially or for any purpose other than the performance of his/her duties for Night Owl National Contractors, Inc.
4. EMPLOYEE will, upon the request or upon termination of his/her relationship with Night Owl National Contractors, Inc., deliver to Night Owl National Contractors, Inc. and drawings, notes, documents, equipment and materials received from Night Owl National Contractors, Inc. or originating from its activities for Night Owl National Contractors, Inc.
5. Night Owl National Contractors, Inc. shall have the sole right to determine the treatment of any information that is part or project specific received from EMPLOYEE, including the right to keep the same as a trade secret, to use and disclose the same without prior patent applications, to file copyright registrations in its own name or to follow any other procedure as Night Owl National Contractors, Inc. may deem appropriate.
6. Night Owl National Contractors, Inc. reserves the right to take disciplinary action, up to and including termination for violations of this agreement.

EMPLOYEE represents and warrants that it is not under any preexisting obligations inconsistent with the provisions of this Agreement.

Signing below signifies that the EMPLOYEE agrees to the terms and conditions of the agreement stated above.

Night Owl National Contractors, Inc. (“Night Owl”) has a long and proud tradition of conducting business in accordance with the highest ethical standards and in full compliance with both the letter and spirit of all applicable laws. The Anti-Bribery Policy was developed by Night Owl management to provide clear guidance to all Night Owl vendors and customers.

Night Owl is fully committed to conducting its business with the highest level of integrity and we expect your strict adherence to the Anti-Bribery Policy and the law. NIGHT OWL maintains an Anti-Bribery Policy prohibiting any improper or unethical payment to any NIGHT OWL officer or employee. This policy is designed to comply with the requirements of the U.S. Foreign Corrupt Practices Act (the “FCPA”), and the anti-bribery laws of any State or other jurisdiction in which we do business. These laws generally prohibit bribes, kickbacks, or illegal payments to influence business transactions involving Night Owl (“Prohibited Payments”).

In addition to direct payments of money, other examples of Prohibited Payments include, but are not limited to gifts, or travel, meals, entertainment or other hospitality expenses, employment, contributions on behalf of the employee and sponsorships. Night Owl expressly prohibits any Prohibited Payment to a Night Owl employee or officer for any purpose including as part of a business transaction or a future business transaction. By signing below you expressly agree to follow this policy and to ensure compliance by our employees, officers, directors, and representatives. Failure to comply with this policy may result in termination of the business relationship.

All Employees operating a company owned vehicle agree to operate the vehicle per the following guidelines. Failure to adhere to these guidelines may result in revocation of an employee’s privilege to operate company vehicles or termination under certain circumstances.

• Night Owl National Contractors, Inc. vehicles are for official company business only. NO PERSONAL use of any kind is permitted unless approved in writing by a supervisor or the employee’s manager. Transporting family members, guests, or pets/animals in any company vehicle is prohibited always.
• Night Owl National Contractors, Inc. provides the required collision and liability insurances on its vehicles. If a company-owned vehicle is damaged or involved in an accident during unauthorized use, the employee-driver will be held financially responsible and may be subject to disciplinary action.
• Except during business travel, company vehicles must normally be returned to the office or another designated location after each work shift. However, Authorized Drivers may be permitted to take a company vehicle home, with the approval of their manager.
• All drivers and employee-passengers in fleet vehicles must comply with all state driving laws, including the state seat-belt law. It is the driver’s responsibility to assure all passengers are safely secured in seat-belts before moving the vehicle.
• Drivers are responsible for service and maintenance of assigned vehicles (Night Owl National Contractors, Inc. will pay for all maintenance and repairs). Failure of the driver to timely notify Night Owl National Contractors, Inc. of needed repairs may result in loss of the vehicle, or in the event of damage to the vehicle, driver may be subject to payment for vehicle repair.
• Drivers are responsible for ensuring that the vehicle interior is kept clean and is free of any trash or other debris at the end of each business day.
• Smoking is not permitted in any company vehicle – NO EXCEPTIONS. Should this rule be violated, the employee will be held financially responsible for any cleaning costs which might be required and may be subject to disciplinary action.
• Night Owl National Contractors, Inc. vehicles generally feature the company logo on the sides of the vehicle. Logos cannot be removed or defaced.

I acknowledge that I have received and read a copy of the Night Owl National Contractors, Inc. Fleet Vehicle Use Agreement. I understand the contents and agree to comply with the policy. Failure to comply will be considered a violation of work rules.

Section I: Disclosure

(the “Company”) may request background information about you from a consumer reporting agency in connection with your employment application and for employment purposes. The report ordered is defined by the Fair Credit Reporting Act (FCRA) as a Consumer Report, and all inquiries are limited to information that affects job performance and the workplace. It is conducted in accordance with applicable federal and state laws including the FCRA. The screening will be conducted by an outside agency: Inflection Risk Solutions, LLC d/ b/a GoodHire – Address: P.O. Box 391403 Omaha, NE 68139 | Phone: 1-888-906- 7351 | Fax: 650-362-1933 | Email: support@goodhire.com. As a result, GoodHire may obtain a Consumer Report on you as an applicant or during employment.

A consumer report is a compilation of information that might affect your employability. The report may include information on your character, general reputation, personal characteristics, and mode of living. The scope of the report may include information concerning your driving record, civil and criminal court records, credit, drug screening results, worker’s compensation record, education, credentials, identity, past addresses, social security number, previous employment and personal references.

Section II: Authorization and Release

I have carefully read and understand this Candidate Disclosure, Authorization & Consent for the Procurement of Consumer Reports form and the attached summary of rights under the Fair Credit Reporting Act. By my signature below, I authorize the Company to share the contents of this consumer report or investigative consumer report with its partners and clients in an effort to place me into an employment/independent contractor relationship with those partners. The Company will only share the background report as necessary in order to assign me to a client, partner company, or organization. I understand that if the Company hires me, my consent will apply, and the Company may obtain reports, throughout my employment. I also understand that information contained in my job application or otherwise disclosed by me before or during my employment, if any, may be used for the purpose of obtaining consumer reports and/or investigative consumer reports. By my signature below, I authorize law enforcement agencies, learning institutions (including public and private schools and universities), information service bureaus, credit bureaus, record/data repositories, courts (federal, state and local), motor vehicle records agencies, my past or present employers, the military, and other individuals and sources to furnish any and all information on me that is requested by the consumer reporting agency. By my signature below, I certify the information I provided on this form is true and correct and will be valid for any reports that may be requested by or on behalf of the Company.

Section III: A Summary of Rights Under The FCRA

Para información en español, visite www.consumerfinance.gov/learnmore o escribe a la Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.

The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records). Here is a summary of your major rights under the FCRA. For more information, including information about additional rights, go to www.consumerfinance.gov/learnmore or write to: Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.

• You must be told if information in your file has been used against you. Anyone who uses a credit report or another type of consumer report to deny your application for credit, insurance, or employment – or to take another adverse action against you – must tell you, and must give you the name, address, and phone number of the agency that provided the information.
• You have the right to know what is in your file. You may request and obtain all the information about you in the files of a consumer reporting agency (your “file disclosure”). You will be required to provide proper identification, which may include your Social Security number. In many cases, the disclosure will be free. You are entitled to a free file disclosure if:
• a person has taken adverse action against you because of information in your credit report;
• you are the victim of identity theft and place a fraud alert in your file;
• your file contains inaccurate information as a result of fraud;
• you are on public assistance;
• you are unemployed but expect to apply for employment within 60 days. In addition, all consumers are entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide specialty consumer reporting agencies. See www.consumerfinance.gov/learnmore for additional information.
• You have the right to ask for a credit score. Credit scores are numerical summaries of your credit-worthiness based on information from credit bureaus. You may request a credit score from consumer reporting agencies that create scores or distribute scores used in residential real property loans, but you will have to pay for it. In some mortgage transactions, you will receive credit score information for free from the mortgage lender.
• You have the right to dispute incomplete or inaccurate information. If you identify information in your file that is incomplete or inaccurate, and report it to the consumer reporting agency, the agency must investigate unless your dispute is frivolous. See www.consumerfinance.gov/learnmore for an explanation of dispute procedures.
• Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information. Inaccurate, incomplete, or unverifiable information must be removed or corrected, usually within 30 days. However, a consumer reporting agency may continue to report information it has verified as accurate.
• Consumer reporting agencies may not report outdated negative information. In most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than 10 years old.
• Access to your file is limited. A consumer reporting agency may provide information about you only to people with a valid need — usually to consider an application with a creditor, insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for access.
• You must give your consent for reports to be provided to employers. A consumer reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the employer. Written consent generally is not required in the trucking industry. For more information, go to www.consumerfinance.gov/learnmore.

States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have more rights under state law. For more information, contact your state or local consumer protection agency or your state Attorney General. For information about your federal rights, contact:

Consumers Have The Right To Obtain A Security Freeze

Pursuant to Title III of the “Economic Growth, Regulatory Relief, and Consumer Protection Act” (PL No. 115-174), you have a right to place a “security freeze” on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. However, you should be aware that using a security freeze to take control over who gets access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, or any other account involving the extension of credit.

As an alternative to a security freeze, you have the right to place an initial or extended fraud alert on your credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer’s credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit. If you are a victim of identity theft, you are entitled to an extended fraud alert, which is a fraud alert lasting 7 years.

A security freeze does not apply to a person or entity, or its affiliates, or collection agencies acting on behalf of the person or entity, with which you have an existing account that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.

To place a security freeze or fraud alert on your credit report please contact the following consumer reporting agencies:

Equifax
https://www.freeze.equifax.com/Freeze/jsp/SFF_PersonalIDInfo.jsp
https://www.alerts.equifax.com/AutoFraud_Online/jsp/fraudAlert.jsp

Experian
http://www.experian.com/freeze/center.html
http://www.experian.com/fraud/center.html

TransUnion
http://www.transunion.com/credit-freeze/credit-freeze-faq.page
http://www.transunion.com/fraud-victim-resource/place-fraud-alert

State Law Disclosures

If you reside in, or are seeking work in any of the following states, please review these additional notices:

California: You have the right to view your file that a Consumer Reporting Agency holds. By providing proper identification and duplication cost, you may obtain a copy of this information in person at the Consumer Reporting Agency’s regular business hours and after providing reasonable notice for your request. Additionally, you can make the same request via mail or over request a summary of the file over the phone. The Consumer Reporting Agency can assist you in understanding your file, including coded information. You are allowed to have one additional person accompany you so long as they provide proper identification.

Maine: You have the right to ask and know whether a company ordered a background check on you. You can request the name, address, and telephone number of the nearest Consumer Reporting Agency office. Your request will be processed and sent to you in 5 business days.

Minnesota: You have the right in most circumstances to submit a written request to the consumer reporting agency for a complete and accurate disclosure of the nature and scope of any consumer report the Company ordered about you. The consumer reporting agency must provide you with this disclosure within 5 days after (i) its receipt of your request or (ii) the date the report was requested by the Company, whichever date is later.

Massachusetts: You have the right to obtain a copy of any of your consumer reports that your company has ordered on you by contacting the Consumer Reporting Agency for a free copy.

New Jersey: You have the right to submit a request to the consumer reporting agency for a copy of any investigative consumer report the Company requested about you.

New York: By submitting a written request, you can learn whether a company has run a background check on you. You are allowed to inspect and order a copy of the report by directly contacting the Consumer Reporting Agency. If you have been convicted of one or more criminal offenses, you can request the company to provide a written statement declaring the reasons for the refusal of hire. This statement must be provided to you within 30 days of your request.

Washington State: After submitting a written request and waiting a reasonable amount of time after receiving the disclosure, you have the right to receive a complete and accurate disclosure of the nature and scope of any “investigative” consumer reports requested by an agency. The Washington Fair Credit Reporting Act requires Consumer Reporting Agencies to provide you a summary of your rights and remedies upon request. Any information requested by a company that deals with credit worthiness, credit standing or capacity is justified in order for employers to evaluate whether you present a risk for theft or dishonest behavior for the job you are being considered for.

Contact 3

At Night Owl National Contractors, Inc., we understand that social media can be a fun and rewarding way to share your life and opinions with family, friends and co-workers around the world. However, use of social media also presents certain risks and carries with it certain responsibilities. To assist you in making responsible decisions about your use of social media, we have established these guidelines for appropriate use of social media.

This policy applies to all associates who work for Night Owl National Contractors, Inc. Or one of its subsidiary companies in the United States (Night Owl National Contractors, Inc.). Managers and supervisors should use the supplemental Social Media Management Guidelines for additional guidance in administering the policy.

Guidelines

In the rapidly expanding world of electronic communication, social media can mean many things. Social media includes all means of communicating or posting information or content of any sort on the internet, including to your own or someone else’s web log or blog, journal or diary, personal web site, social networking or affinity web site, web bulletin board or a chat room, whether or not associated or affiliated with night owl national contractors, inc. As well as any other form of electronic communication. The same principles and guidelines found in night owl national contractors, inc. Policies and three basic beliefs apply to your activities online. Ultimately, you are solely responsible for what you post online. Before creating online content, consider some of the risks and rewards that are involved. Keep in mind that any of your conduct that adversely affects your job performance, the performance of fellow associates or otherwise adversely affects members, customers, suppliers, people who work on behalf of night owl national contractors, inc. Legitimate business interests may result in disciplinary action up to and including termination.

Know and Follow the Rules

Carefully read these guidelines, the Night Owl National Contractors, Inc. Statement of Ethics Policy, the Night Owl National Contractors, Inc. Information Policy and the Discrimination & Harassment Prevention Policy, and ensure your postings are consistent with these policies. Inappropriate postings that may include discriminatory remarks, harassment, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated and may subject you to disciplinary action up to and including termination.

Be Respectful

Always be fair and courteous to fellow associates, customers, members, suppliers or people who work on behalf of Night Owl National Contractors, Inc. Also, keep in mind that you are more likely to resolve work related complaints by speaking directly with your co-workers or by utilizing our Open-Door Policy than by posting complaints to a social media outlet Nevertheless, if you decide to post complaints or criticism, avoid using statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, that disparage customers, members, associates or suppliers, or that might constitute harassment or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone’s reputation or posts that could contribute to a hostile work environment on the basis of race, sex, disability, religion or any other status protected by law or company policy.

Be Honest and Accurate

Make sure you are always honest and accurate when posting information or news, and if you make a mistake, correct it quickly. Be open about any previous posts you have a altered. Remember that the Internet archives a I most everything; therefore, even deleted postings can be searched. Never post any information or rumors that you know to be false about Night Owl National Contractors, Inc., fellow associates, members, customers, suppliers, people working on behalf of Night Owl National Contractors, Inc. or competitors.

Post Only Appropriate and Respectful Content

• Maintain the confidentiality of Night Owl National Contractors, Inc. trade secrets and private or confidential information. Trades secrets may include information regarding the development of systems, processes, products, know-how and technology. Do not post internal reports, policies, procedures or other internal business-related confidential communications.
• Respect financial disclosure laws. It is illegal to communicate or give a “tip” on inside information to others so that they may buy or sell stocks or securities. Such online conduct may also violate the Insider Trading Policy.
• Do not create a link from your blog, website or other social networking site to a Night Owl National Contractors, Inc. website without identifying yourself as a Night Owl National Contractors, Inc. associate.
• Express only your personal opinions. Never represent yourself as a spokesperson for Night Owl National Contractors, Inc. If Night Owl National Contractors, Inc. is a subject of the content you are creating, be clear and open about the fact that you are an associate and make it clear that your views do not represent those of Night Owl National Contractors, Inc., fellow associates, members, customers, suppliers or people working on behalf of. If you do publish a blog or post online related to the work you do or subjects associated with Night Owl National Contractors, Inc., make it clear that you are not speaking on behalf of Night Owl National Contractors, Inc. It is best to include a disclaimer such as “The postings on this site are my own and do not necessarily reflect the views of Night Owl National Contractors, Inc.”

Using Social Media at Work

Refrain from using social media while on work time or on equipment we provide, unless it is work-related as authorized by your manager or consistent with the Company Equipment Policy. Do not use Night Owl National Contractors, Inc. email addresses to register on social networks, biogs or other online tools utilized for personal use.

Retaliation is Prohibited

Night Owl National Contractors, Inc. prohibits taking negative action against any associate for reporting a possible deviation from this policy or for cooperating in an investigation. Any associate who retaliates against another associate for reporting a possible deviation from this policy or for cooperating in an investigation will be subject to disciplinary action, up to and including termination. Retaliation or Slanderous posts and comments against Night Owl Contractors, Inc is also prohibited if Employee is no longer employed by Night Owl National Contractors, Inc. and can be pursued through legal action against employee by Night Owl National Contractors, Inc. and all legal fees may be charges to employee.

Media Contacts

Associates should not speak to the media on Night Owl National Contractors, Inc. behalf without contacting the Corporate Affairs Department. All media inquiries should be directed to them.

For More Information

I also understand I may contact Human Resources if I need additional information about this or any other policy or procedure of Night Owl National Contractors, Inc.