unWired Broadband LLC PRIVACY POLICY AND YOUR CALIFORNIA PRIVACY RIGHTS

(Effective as of April 9, 2021)

unWired Broadband LLC (“unWired,” “us,” “we,” or “our”) values the privacy and security of customer Personal Information. This Privacy Policy describes the types of customer Personal Information unWired or our Affiliates, Operational Service Providers collect, use, disclose, retain, secure and dispose. This Privacy Policy applies to visitors and users of unWired’s website (“Site”), mobile applications (“Apps”), and potential customers, current and former residential and commercial/business customers of unWired’s high speed internet access services (individually, a “Service” and collectively, “Services”). All such visitors, users, prospective residential and commercial/business customers, current and former residential and commercial/business customers are collectively, “Customers,” “you,” or “your.”

“Operational Service Providers” are third parties we contract with to support unWired’s Services with technology, equipment and/or internal operational services, such as billing. “Affiliates” are entities that control, are controlled by or are under common control with unWired.

By using unWired’s Site, Apps and Services, Customers consent to the data practices described in this Privacy Policy regarding the collection, use, disclosure, retention and disposal of your Personal Information. unWired’s Site, Apps and Services are designed and targeted to United States audiences and are governed by and operated in accordance with the laws of the U.S. If Customer is not a U.S. citizen or does not reside in the U.S., Customer voluntarily consents to the collection, transfer, use, disclosure and retention of Customer Personal Information in the U.S. Customer also agrees to waive any claims that may arise under Customer’s own national laws.

unWired is classified as a small business under the California Consumer Protection Act (“CCPA”) and therefore, we are not required to have a “Do Not Sell” button on the Site or meet other CCPA requirements. However, we do not allow third parties to use Customer Personal Information for their marketing and advertising purposes. We disclose Personal Information to third parties only for the reasonable purposes stated in this Privacy Policy.

1. YOUR CALIFORNIA PRIVACY RIGHTS UNDER THE SHINE THE LIGHT ACT

Generally, California residents are entitled by law to ask unWired for a notice identifying the categories of Personal Information that unWired shares with our Affiliates and/or other third parties for their marketing purposes the preceding year, and provide contact information for such Affiliates and/or third parties unless unWired meets certain exceptions in the law. This Privacy Policy and Site meet those exceptions. Additionally, unWired does not share Customer Information to Affiliates or third parties for their own marketing purposes. Therefore, a Customer residing in California with an established business relationship with unWired, does not need information about unWired’s opt-out and opt-in policies of sharing Customer Personal Information with other companies (including our Affiliates) for their marketing purposes. If you have questions regarding our policy, Customers residing in California must send a written request via email or postal mail following the instructions below. unWired will not accept requests via the telephone or facsimile or respond to requests that are not labeled or sent properly, or do not have complete information.

• • For all requests, include Customer’s full name, street address, city, state and zip code.
• • In an email request, Customer must state “Re: Your California Privacy Rights” in the subject line and send Customer email to privacypolicy@getunwired.com
• • In a postal request, Customer must send a letter or post card to: 215 W. Fallbrook Ave, Suite 203 Fresno, CA 93711 Attention: Your California Privacy Rights

2. GENERAL INFORMATION

When Customer uses unWired’s Site, Apps or Services, the Personal Information sent and received will be transmitted using wireless, fiber, coaxial cable and/or satellite technology, and could be subject to interception by unauthorized third parties. While it is unWired’s objective to take reasonable security measures to reduce the risk that unauthorized third parties will intercept any Personal Information, unWired cannot and does not make any guarantee that transmissions via its Site, Services and Apps are 100% secure or error-free.

unWired does not knowingly collect, solicit or use Personal Information from anyone under the age of 16. If Customer is under age 16, please do not attempt to register for the Services or voluntarily submit any Personal Information about yourself to unWired. If unWired learns that Personal Information from a child under age 16 has been collected, unWired will delete that information as quickly as possible to the extent technically feasible. If Customer believes that his/her child under age 16 may have provided Personal Information to us, please contact unWired at privacypolicy@getunwired.com.

3. TYPES OF PERSONAL INFORMATION WE COLLECT, HOW WE COLLECT IT AND HOW WE USE IT

Generally, Personal Information is information Customer provides to unWired directly or indirectly through Customer’s use of the Apps, Services and/or Site, our social media platforms, via telephone or in person that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, device or household. Personal Information does not include publicly available, deidentified or aggregate consumer information. For the purposes of this Privacy Policy, we also define Personal Information to include such information related to our commercial/business Customers and their end users.

The following are the different types of Personal Information, the ways and the reasons unWired collects Personal Information:

• • Registration process, billing, and administration: unWired collects Customer name, email address, phone number (wired or wireless), billing address and billing information (such as credit card account number or other financial account information), service address, and the nature of any of Customer devices or other personal property making use of the Service.
• • Social Media Platforms: unWired has a presence on several social media platforms (Facebook, Twitter, LinkedIn, etc.) and Customers voluntarily view, sign up to follow, or otherwise engage with our social media at their own level of interest. Customers on our social media platforms are governed by the privacy policy of the specific platform. unWired may obtain, transport or merge Personal Information posted publicly on social media platforms, however we will not share any such Personal Information with any third party, except as otherwise noted in this Privacy Policy. If a Customer enters his/her unWired account identifying information on social mediato alert or inquire about service questions or service interruptions, unWired will engage with the Customer using direct messages or by directing them to our Site, support and Customer Experience department. unWired is not responsible for Personal Information that is publicly disclosed on social media platforms.

Some forms of information as described below will be classified as Personal Information if required by applicable law or when such information is reasonably directly associated with or reasonably linked to a particular consumer, device or household, or is combined with other forms of Personal Information.

• • Website Information, Use of Cookies and other Similar Tracking Technology: When Customers visit unWired’s Site, unWired will passively collect information on server logs from Customer’s browser or device, which may include Customer IP address or other unique device identifiers, “cookie” or other tracking information, the type of browser and/or device you’re using to access the Service, and the page or feature Customer requested. unWired uses this information to gather statistics about usage and effectiveness of our webpages, analyze our performance, personalize your experience, and tailor our interactions with you. We do so through the use of various technologies, including cookies and web beacons.
  • Cookies are text files placed on your computer to collect standard internet log information and visitor behavior information. This information is used to personalize Customer usage of the Site and to compile statistical reports on Site activity. For further information about cookies, visit www.aboutcookies.org or www.allaboutcookies.org.
  • Web beacons, also known as web bugs, pixel tags or clear GIFs, are clear graphic images (typically one pixel in size) that are delivered through a web browser or HTML e-mail. The web beacon informs unWired when a Customer visits a particular web page or opens and views a particular e-mail. unWired, or our Operational Service Providers, may include web beacons in marketing e-mail messages or our newsletters to determine whether messages have been opened and links contained within have been clicked on.
  • Customers can change the preferences on a browser or device to prevent or limit the browser or device’s acceptance of cookies, web beacons or other similar technology, but this may prevent Customer from taking advantage of some of the features on the unWired Site, or accessing certain functions and conveniences. Additionally, Customers may not opt-out of the use of cookies, other Personal Information or non-Personal Information for unWired’s internal analytical purposes.
• • Network Information Specific for Internet Access Services: unWired also collects Network Information to deliver its high-speed internet access service, which is information about Customers’ access to, and use of, the unWired Network. Network Information may or may not be classified as Personal Information. Network Information is critical for the operation and management of our Services. Generally, unWired will:
  • Collect information when and how Customer is using the unWired Network, such as monitoring traffic patterns regarding websites visited, amount of data being sent or received, or other activity.
  • Collect information about the performance of the unWired Equipment installed on Customer property or premises, and its interaction with the rest of the unWired Network.
  • Collect information regarding the various devices Customer is using to access the unWired Network.
  • Monitor or review the content of the data Customer is transmitting and receiving.
    • • unWired will not monitor the content of a Customer’s websites viewed or email communications as part of unWired’s daily network management but will do so occasionally to protect the unWired Network from threats or viruses, and in the event there is suspected fraud, unlawful activity, perceived or actual violation of the unWired Acceptable Use Policy or upon a valid request from law enforcement.

unWired retains this Network Information for no longer than twelve (12) months, unless otherwise required by law or for legal or regulatory purposes. unWired may also aggregate Network Information from multiple Customers and will share such aggregated information about the overall performance of our Services, Apps and the unWired Network with our Affiliates, Operational Service Providers, and state and federal regulatory agencies to report on Network performance. Aggregated information does not identify a specific individual, computer, household or device and therefore, is not classified as Personal Information.

unWired reserves the right to, and may, monitor, access, review and preserve any Network Information and/or content in the following situations:

• In response to an inquiry from Customer or an authorized user on Customer’s account regarding use of the Services or problems Customer is experiencing using the Services.
• When unWired has reason to believe Customer is using the Services in violation of the Service Agreement or any applicable law.
• When unWired has reason to believe Customer use of the Service is negatively affecting other Customers.
• When unWired is required by law or legal process to do so, or when unWired has a good faith belief that unWired is required by law or legal process to do so.

Technology is improving every day and to improve the operations and functions of unWired’s Services. Customer understands, acknowledges and agrees that unWired may introduce new technologies and monitoring techniques to assist in reasonable network management without advance notice or consent from Customer. unWired may also use Operational Service Providers to conduct internal analyses of our Site and Services.

4. USE OF PERSONAL INFORMATION FOR MARKETING AND ADVERTISING PURPOSES

unWired does not disclose your Personal Information to third parties for their own marketing or advertising purposes.

unWired will use Customer’s email address, postal address, or telephone number (for voice, texts, automated and pre-recorded calls) and information about a Customer’s current Services to send marketing and advertising messages regarding our Services and Site that will keep Customers informed about related products and services that will best meet a Customer’s future needs. This is called “First Party Advertising,” which is advertising or marketing that is customized or personalized based on a history of Customer’s use of our own Site or Services. First Party Advertising is based solely on a combination of information unWired collects from Customer – not from Customer’s visits to other websites across the Internet. Customer may opt-out of First Party Advertising by sending us an email to privacypolicy@getunwired.com. Your denial of unWired’s use of Personal Information for our own marketing or advertising purposes will not change or affect the Services you currently receive from unWired.

We may also serve “Contextual Advertising,” which is advertising based on the subject matter or the content of a specific website page visited by a Customer. Customer may not opt-out of Contextual Advertising. No Personal Information is used to deliver Contextual Advertising; it automatically will appear based on the context of the content or webpage Customer is viewing. Customer will continue to receive general advertising if Customer opts-out of First Party Advertising, it will not be customized or personalized for Customer. (Please see Section 8 below for additional Customer opt-out instructions.)

unWired does not provide third party “Network Advertising,” which is advertising based on Customer’s overall Internet usage across different third party websites or online services. Multiple third party websites and online services are involved in this tailored or personalized advertising process, in essence a “network” of advertising providers. Because unWired does not provide network ads, unWired does not recognize the “Do Not Track” settings on various internet browsers. unWired does not engage or allow third parties to track you across the Internet and across time for advertising purposes.

5. LINKS TO THIRD PARTY WEBSITES AND SERVICES

The unWired Site and/or our Facebook Pages (or other social media platforms) may contain a variety of content and functionality and may provide links to other third party websites or online services. Despite such links, this Privacy Policy applies only to unWired and our Affiliates. The presence of a link does not constitute or imply unWired’s endorsement, recommendation, or sponsorship of the content, goods, services, business or privacy practices on such websites or online services. unWired encourages Customers to be aware and informed when Customers leave unWired’s Site and unWired’s Facebook Pages, or any other social media platforms. If Customer clicks on a link to a third party website or service, such third party may also transmit cookies to Customer or use web beacons. This Privacy Policy does not cover the use of cookies or other such tracking technology by any third parties, and unWired is not responsible for their privacy policies and practices.

6. DISCLOSURE OF CUSTOMER PERSONAL INFORMATION TO THIRD PARTIES

Customer’s Personal Information will only be disclosed to third parties as listed in this Privacy Policy if unWired has received your consent at the time unWired collects your Personal Information or prior to the disclosure of any Personal Information. unWired reserves the right to fully use, disclose and process any non-Personal Information that is not reasonably linked or associated with Personal Information collected from Customer in any manner as well as any information Customer makes public via the Site, App, Services or social media platforms.

• • To Our Affiliates. unWired may rely on Affiliates in order to provide the Services to Customers. Affiliates are companies that are related to unWired by common ownership or control. unWired may share Personal Information and non-Personal Information with any of our Affiliates for business, operational, promotional and/or marketing and advertising purposes directly related to our Services.
• • To Our Operational Service Providers: unWired and its Affiliates contract with third parties to perform tasks or services on unWired’s behalf. For example, we may use a payment processing company to receive and process Customer’s ACH or credit card transactions or we may contract with third parties to assist unWired in optimizing our Network and other business operations. unWired does not grant its Operational Service Providers any right to use the Personal Information unWired shares with them beyond what is necessary to assist unWired.
• • For Business Transfers/Restructuring: unWired may choose to purchase or sell assets, or go through some other change of control, including restructuring, bankruptcy, reorganization or other financing arrangements. Customer Personal Information is typically one of the business assets that would be disclosed and transferred to or acquired by a third party for such activity.
• • For Protection of unWired and Our Affiliates, Employees, Operational Service Suppliers, Users and Customers and Public Safety: unWired reserves the right to access, read, preserve, and disclose any Personal Information if unWired believes doing so will: 1) implement and/or enforce our Service Agreement, Privacy Policy, Acceptable Use Policy, or any legal document; protect the unWired Network, Site(s), and other assets; and 2) protect the interests, rights, property, and/or safety of unWired and our Affiliates, employees and officers/directors, Operational Service Providers, Customers, agents, representatives, third party licensors or suppliers, or the general public.
• • When Required by Law or in Response to Legal Process: unWired reserves the right to access, read, preserve, and disclose any Personal Information when unWired is required by law or legal process to do so, or if unWired has a good faith belief that unWired is required by law or legal process to do so.

7. HOW WE PROTECT CUSTOMER PERSONAL INFORMATION

unWired protect the privacy of Customer’s account and other Personal Information using reasonable administrative, technical and physical security measures. However, unWired cannot and do not guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of Personal Information at any time.

If Customer contacts unWired via the Site, the Customer must input a User ID and password to access the Customer’s online Account. If unWired is contacted via telephone or in person, unWired will ask Customer for verification of Customer’s identification and account.
unWired will not send an email or text, nor should Customer respond to any email or text communications asking for any sensitive or confidential Personal Information, such as social security number, bank account or credit card account number, or a driver’s license number. If Customer receives an email or text requesting any such information from unWired or someone that claims they are with unWired or Our Affiliates please contact our Privacy Administrator immediately: privacypolicy@getunwired.com

8. CUSTOMER RIGHTS FOR ACCESS AND DELETION, AND OPT-OUT/OPT-IN CHOICES FOR PERSONAL INFORMATION

Certain Personal Information is necessary for unWired to provide, maintain and bill for the Services to Customer. Here are a Customer’s rights regarding his/her Personal Information:

Generally, a Customer may access the following Personal Information in Customer’s account:

• Full name
• Username and password
• Email address
• Telephone number; and
• Billing and Service address
• Account and billing information

By contacting unWired at privacypolicy@getunwired.com, or through any online access portal and/or via telephone, unWired allows Customers to view, access and modify Customer account settings, and in some cases, edit or delete the Personal Information listed above. unWired will retain historic email, billing and/or Service addresses for security and verification purposes and Customers may not delete such information even after the Service Agreement expires or terminates.

Existing Customers may not delete any Personal Information because such information is necessary to provide and bill for the Services; Customers may only update or modify the following Personal Information: Full name, Username and password, email address, telephone number; payment process, and billing and service address. unWired will retain former Customer account information as required by unWired’s business practices, by law, and/or for tax reporting purposes.

Here are additional Customer opt-in and opt-out choices:

• • Customer may not opt-out of sharing Personal Information with our Affiliates for business or operational purposes.
• • Customer may opt-out of email marketing and advertising from unWired or its Affiliates using the “Unsubscribe” mechanism in each email.
• • Before unWired sends Customer a text for any reason, or sends Customer a pre-recorded /artificial voice call that contains advertising or marketing information, unWired will secure Customer’s prior written express consent, which can be given via a voice recording, email, text message, postal mail, or telephone key press.
  • Customer understands, acknowledges and agrees that such texts and pre-recorded telemarketing calls may be sent using an autodialer.
  • Such texts and pre-recorded telemarketing calls are not conditioned on Customer’s purchase of the Services.
  • Customer may opt out of receiving text messages any time by replying “STOP” or “UNSUBSCRIBE” to the text message.
• • Non-telemarketing pre-recorded calls do not require a Customer’s prior express consent in writing, unless they are sent to a wireless device. Customers may opt out of receiving pre-recorded calls by the opt-out instructions in the call. Customers can also request to be added to unWired’s company-specific Do Not Call list to opt-out of advertising and marketing calls or texts. However, Customer will continue to receive calls related to debt-collection and Customer’s current Services.
• • Customer may also opt-out of First Party Advertising, but not Contextual Advertising. Contextual Advertising does not use Personal Information.
• • Customer may not opt out of unWired’s use of cookies or other similar technology, or use of Customer’s Personal Information and non-Personal Information for unWired’s internal analytics used to monitor activity on unWired’s website, measure unWired’s Service performance, or to operate and protect the unWired Network.

Customers must contact unWired via telephone, email or via our Site to opt-out of allowable categories listed above. Please tell us specifically what category(s) you wish to opt-out of, or designate all categories.

9. USE OF AGGREGATE PERSONAL INFORMATION AND RETENTION OF PERSONAL INFORMATION

unWired may use any aggregated data derived from Customer’s Personal Information but not in a manner that would identify a specific Customer, device or household. unWired may also maintain Personal Information regarding Customer and Customer’s use of the Service after Customer is no longer an unWired customer as required by unWired’s business practices, by law, and/or tax reporting purposes. The information Customer can view, update, and delete may also change if required by law. If Customer has any questions about viewing or updating information unWired has on file about Customer, please contact unWired at privacypolicy@getunwired.com

10. CHANGES TO THIS PRIVACY POLICY

unWired will update this Privacy Policy from time to time as business practices change and service offerings increase, and/or there are changes in local, state or federal laws. unWired will also make stylistic, organizational and/or grammatical changes to present our privacy practices in a user friendly, easy to read manner. unWired will alert Customers to any such changes by placing a notice on unWired’s Site and App with the effective date of the revised Privacy Policy, and/or by sending Customers an email, or by some other means to the extent required by law.

Please note that if Customers have not provided unWired with Customer’s email address or Customer has not updated Customer contact information, those legal notices will still govern Customer use of the Service, and Customer is still responsible for reading and understanding all notices posted on unWired’s Site. Customer’s continued use of the Services, Apps or Site after notice of any changes have been provided will indicate Customer’s acceptance of such changes, except where further steps are required by applicable law.

Use of Customer Personal Information is primarily governed by the Privacy Policy in effect at the time Customer subscribed to the Service or visited the unWired Site, subject to any amendments unWired will make from time to time. If unWired elects to collect, use or to disclose Customer Personal Information that is materially different than stated in the Privacy Policy in effect at the time Customer subscribed to the Service , or when Customer visited the unWired Site, unWired will provide Customer with an opportunity to consent to such use or disclosure. Depending on the circumstances, that consent may include an opt-out.

11. QUESTIONS OR COMMENTS ABOUT THIS PRIVACY POLICY

If you have any questions or concerns regarding unWired’s privacy practices and policies, please contact unWired at privacypolicy@getunwired.com