PRIVACY POLICY PRIVACY POLICY This Privacy Policy (“Policy”) describes the personal data collected (“Collected Data”) by or on behalf of Kumquat Solar, LLC (“Kumquat Solar,” “we,” “us,” or “our”) and our vendors through this website (“Site”) and our mobile application (“App”, collectively with the Site, “Services”), and how Collected Data is used and shared. If you have questions or concerns about this Policy, please contact us.

By using the Services, you agree on behalf of yourself and any organization that you represent (together, “you”) that you have read and understand this Policy. We may modify this Policy at any time. All changes will be effective immediately upon posting to the Services. Material changes will be conspicuously posted on the Services or otherwise communicated to you. By using the Services after changes are posted, you agree to those changes.

We Collect Data You Provide

Personal Information. You can visit the Site and download our App without submitting personal information. If you elect to provide information that personally identifies you (“Personal Information”) such as your name, email, mailing address, phone number, date of birth, or payment data, we will collect, use, and share it pursuant to this Policy and applicable law.

Personal Information is required to use certain Services features, for example, to create online accounts, purchase products or services, contact us via email, phone, or our form (where we may retain your message’s content and our response), receive or request data from us (e.g., our newsletter), and respond to communications from us (e.g., surveys and promotional offers).

Kumquat Solar Accounts. To create an online Kumquat Solar account, you must submit your name, address, phone number, email address, and create a password. This data is used to populate a profile within your account.

Order & Payment Data. To make purchases through the Services, you must create a Kumquat Solar account (as described above), and submit your credit or debit card type, number, expiration date, security code, and billing address. All credit and debit card data is provided directly to our PCI-compliant third-party payment processor.

We do not directly access, handle, or store your credit or debit card data. We may keep a record of your purchases. We store your payment card’s last four digits to facilitate future orders. We collect tax identification numbers you submit for tax-exempt purposes.

Marketing Communications; Opt Out. If you opt in to receive marketing communications from us, you must submit your name, email, mailing address, and phone number. We use this data to send you promotional and other electronic and hardcopy communications. We may use third-party providers to deliver communications to you. You may opt out of such emails by using the unsubscribe link in the email or contacting us at [email protected] with “Unsubscribe” in the subject line. To opt out of other communications (e.g., postal marketing and telemarketing), please contact us. Opting out of marketing communications does not opt you out of communications about your account or transactions.

Feedback. When you provide comments or feedback about our Site, the content on the Site, or our products or Services (“Feedback”), we will not treat that Feedback as confidential and we may use that Feedback for any purpose in our sole discretion so long as it does not personally identify you. Feedback will be used without attribution or compensation to you.

Business Contracts with Us. When a business contracts directly with us for the purchase of our products or Services, we may collect the business contact information of those involved. The processing of any information provided in such a business context is governed by the contracts between that business and Kumquat Solar.

Data Automatically Collected

IP Addresses, Cookies, & Similar Tracking Technologies. When you use the Services, we and our vendors use technologies such as cookies (i.e., small pieces of data stored on your device’s hard drive by your browser), web beacons, pixel tags, and similar technologies to automatically collect internet protocol addresses assigned to the computers and other devices you use, your internet service provider, device data (ID number, make, model, version number, and operating system), geographic location (country, latitude, and longitude where the App is being used), browser type, Site pages visited, websites you access before and after visiting the Site, and data related to how and when you use the Services (e.g., date and time stamps, clickstream data, and data about search terms and websites that direct you to the Site). We may combine this Collected Data with other Collected Data (including Personal Information) and data obtained from third parties.

We use these tracking technologies to:

• make our Site and App function properly;

• provide personalized experiences;

• tailor our interactions with you;

• help with our marketing efforts;

• provide us with valuable data and statistics about the usage and effectiveness of our Site and App; and

• help us improve our Services.

The Site may use session, persistent, and flash cookies (local stored objects) to collect and store data about your preferences and navigation to, from, and on our Site. Session cookies are used to complete transactions and for other purposes such as counting visits to certain webpages. Session cookies are eliminated when you exit your browser. Persistent cookies may be stored on your computer by your browser. When you log in, persistent cookies tell us if you have visited the Site before or if you are a new visitor.

Flash cookies differ from browser cookies regarding the amount and types of data collected and how the data is stored. Cookie management tools provided by your browser will not remove and cannot manage Flash cookies. To learn about managing your Flash cookie settings, visit the Flash player settings page on Adobe’s website here.

Most browsers automatically accept cookies. You can disable this function, but disabling cookies may impact your use and enjoyment of the Site.

Do Not Track Requests. DUE TO THE AUTOMATIC COLLECTION OF DATA USING COOKIES, WE DO NOT HONOR “DO NOT TRACK” REQUESTS.

Google Analytics. We may occasionally enable and implement various analytics tools, such as Google Analytics, which is an analytics tool provided by Google to collect and process Collected Data consisting of certain telematics about your use of the Site. Google sets and reads cookies to collect such Collected Data and your web browser will automatically send such Collected Data to Google. Google uses this data to provide us with reports that we use to improve the Site’s structure and content. Similarly, we may occasionally enable and implement various analytics tools that collect and process data about your use of the App.

We may occasionally enable and implement additional add-on services to Google Analytics, such as Demographics and Interest Reporting. Demographics and Interest Reporting uses cookies to collect data about our Site traffic by tracking users across websites and across time to provide us with analytics on our user base.

To learn more about how Google uses data, visit Google’s Privacy Policy and Google’s page on “How Google uses data when you use our partners’ sites or apps.” You may download and install the Google Analytics Opt- out Browser Add-on for each web browser you use. Using the Google Analytics Opt-out Browser Add-on does not prevent the use of other analytics tools. To learn more about Google Analytics cookies, visit Google Analytics Cookie Usage on Websites.

We use Google Ads to serve ads across various websites. Google uses cookies and similar tracking technologies to collect data about your visits to the Site and App to generate targeted advertisements to you on other websites that you visit. To opt-out of this type of advertising by Google, to customize your ad preferences, or to limit Google’s collection or use of such data, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Site or App. To change your preferences with respect to certain online ads and to obtain more information about third-party ad networks and online behavioral advertising, visit the National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Changing your settings with individual browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may occasionally still see our ads. Opting-out of targeted advertising does not opt you out of all ads, just those targeted to you.

Data from Other Sources

We obtain data about individuals from various third-party companies and public sources and we may combine that data with other personal data. This enhances our existing data about our users (e.g., adding address data), improves our ability to contact you, and enhances our marketing capabilities.

How We Use Collected Data

Beyond the uses and sharing described above, Kumquat Solar and its vendors may use and share Collected Data as described below.

Purpose Collected & Communication with You. We use and share Collected Data for the purpose for which it was collected. For example, if you place an order through the Services, we use Collected Data to communicate with you regarding your order. If you contact us for support or assistance, we may use Collected Data to contact you and assist you with your request. We may use Collected Data to notify you of Services changes (e.g., changes to our Terms of Use or this Policy), and if you opt in, to send you marketing communications.

Advertising and Communications. We may use Collected Data to send you promotions or to perform targeted advertising, to notify you of new services, products or programs, to notify you of new features of our Services, to notify you of changes to our Terms or this Policy, and for other similar communications.

Administration. We use Collected Data for administrative purposes, such as managing your accounts, facilitating transactions, to inform our business strategies, to understand the Service’s demographics and user preferences, for evaluating applications, and managing profiles.

Site Management. We use Collected Data for Services management, such as troubleshooting problems, improving the content and functionality of the Services, statistical and other analyses of the Services, and to customize the Services to you and our users.

Aggregated Data. We may use Collected Data to create anonymous aggregate data. We may use and share such aggregate data with our affiliates, vendors, and other third parties to: (1) analyze, develop, and improve the content, products, and services that we make available, (2) inform business strategies, (3) understand demographics and user preferences, (4) customize promotional emails and users’ experience with the Services, and (5) for other lawful purposes.

To Protect Our Rights. We may use Collected Data to protect our legal rights or interests, or those of other parties, including to bring a legal action against you or anyone who may be causing harm to us, our Services, or to other users of the Services. We may also use Collected Data to seek business, financial or legal advice, and to respond to other legal requests.

With Your Consent. With your consent, we may use or share Collected Data in ways not specifically described in this Policy.

Disclosure of Personal Information

We do not sell, rent or lease Collected Data to any third party. We may share Collected Data with the following parties, in compliance with applicable laws:

Employees and Affiliates. We may share Collected Data with our employees and affiliates who have a need to know the information for our business purposes.

Vendors & Consultants. We may share your Personal Information and other Collected Data with our affiliates, third-party vendors, Kumquat Solar Influencers (a retail or wholesale customer who has upgraded their account to a business builder by referring new customers to Kumquat Solar), service providers, suppliers, consultants, agents, and other partners (including Services management and hosting, payment processing, online storefronts, marketing and public relations, and email services) that provide data processing services to us (e.g., to support the delivery of, provide functionality on, or help to enhance the security of the Services or our products and services) or otherwise process Personal Information for purposes described in this Policy or communicated to you when we collect such data. Our vendors are authorized and may use and disclose Collected Data as needed to provide the applicable services to us and as provided by their own privacy policies.

Government Officials / Law Enforcement. We will cooperate with law enforcement and other governmental agencies, and may disclose Collected Data: (i) if we believe in good faith we are legally required to disclose that Collected Data, (ii) if we are advised to disclose Collected Data by our legal counsel, or (iii) when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, Kumquat Solar or any other party.

Professional Advisors. We may share Collected Data with our professional advisors, such as our attorneys, accountants, financial advisors and business advisors, in their capacity as advisors to Kumquat Solar.

Business Transactions. All Collected Data is exclusively our property. If we undergo a change or contemplated change in control, acquisition, merger, reorganization, or asset sale, all Collected Data may be transferred, sold, shared, or otherwise shared with potential and actual successors, which will be bound by this Policy as it applies to Collected Data.

Retention of Personal Information

We will keep Collected Data for the period necessary to fulfil the purposes described in this Policy, unless a longer retention period is permitted or required by law.

Data We Do Not Intend to Collect

1. Special Categories of Personal Information. “Special Data” is any data that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that involves genetic or biometric data or data concerning health or sexual orientation. We do not intend to collect any Special Data from you. Please do not provide Special Data to us.

2. Children. We are committed to protecting children’s privacy. The Services are not directed at children under 18 years of age. We do not knowingly collect, use, or share data from children under 18. If a parent or legal guardian learns their child provided us with Personal Information without his or her consent, please contact us.

Data Security

We use commercially reasonable technical and organizational measures to help secure all Collected Data against loss, misuse, and alteration. While we cannot guarantee it, we use industry-standard protections to help safeguard against such occurrences.

If a breach of our systems occurs, we will notify you of the breach only if and as required under applicable law.

YOU UNDERSTAND THAT NO DATA TRANSMISSION OVER THE INTERNET OR A MOBILE DEVICE CAN BE GUARANTEED TO BE 100% SECURE. WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION, WE DO NOT GUARANTEE THE SECURITY OF PERSONAL INFORMATION AND YOU PROVIDE PERSONAL INFORMATION AT YOUR OWN RISK.

Social Media

We are active on social media, including Facebook, Instagram, and Twitter (“Social Media”). Anything you post on Social Media is public information and will not be treated confidentially. We may post (or re-post) on the Site and our Social Media pages any comments or content that you post on our Social Media pages.

The Site allows you to connect and share data with Social Media platforms. These features may require us to use cookies, plug-ins, and APIs provided by such Social Media platforms to facilitate those communications and features. The Site may use advertising networks and services offered by Social Media platforms to deliver advertising content. Use of these services requires Social Media platforms to implement cookies or pixel tags to deliver ads to you while you access the Site.

Your use of Social Media is governed by the privacy policies and terms of the providers that own and operate those websites and not by this Policy. We encourage you to review those policies and terms.

Access from Outside the United States

If you access the Services from outside the United States, please be aware that Collected Data may be transferred to, stored in, and processed in the United States. Certain governmental authorities may not consider the level of protection of Collected Data in the United States to be equivalent to that required by the in other jurisdictions.

Third-Party Websites

The Services may link to, or be linked to, websites not controlled by us. We are not responsible for third- parties’ privacy policies or practices. This Policy does not apply to any third-party websites or to any data that you provide to third parties. You should read the privacy policy for each website that you visit.

Access & Update Your Personal Information

To access or update your Personal Information as it exists in our records, please visit any accounts you have created or contact us using the information below.

California Residents

Pursuant to California Civil Code Section 1798.83, if you are a California resident, you have the right to obtain: (a) a list of all third parties to whom we may have disclosed your Collected Data within the past year for direct marketing purposes, and (b) a description of the categories of Collected Data disclosed, by emailing us at [email protected].

Contact Us

If you have questions or concerns regarding this Policy, contact us at:

Kumquat Solar, LLC 7343 E. Scottsdale Mall, Suite 3001, Scottsdale, AZ 85251

[email protected]