1. INTRODUCTION

Urban Grid is committed to compliance with applicable legal and regulatory requirements relating to data protection, privacy and cybersecurity as further set out in our Code of Business Conduct and Ethics. At Urban Grid, we respect your privacy, and this employee and personnel data protection policy and privacy notice (“Notice”) govern how Urban Grid collects, processes and uses your Personal Data.

This Notice applies to U.S. employees, directors, officers, independent contractors, and other temporary staff and personnel of Urban Grid (as defined below) who are residents of California.

For the purposes of applicable California laws and regulations relating to data protection and privacy (“Data Protection Legislation”), the Urban Grid entity you are employed or contracted by acts as a business in respect of your Personal Data (as defined below). This Notice should be read in conjunction with your terms of employment or contract and other Urban Grid policies and notices.

This Notice was last updated in January, 2024.

2. DEFINITIONS

The following definitions shall apply to this Notice:

“Urban Grid”, “we”, “us”, “our” means Urban Grid Solar Projects, LLC.

“Personal Data” has the meaning given to it or any similar term (e.g., “personal information”, “nonpublic personal information”, “PII”, “personally referable information”) in applicable Data Protection Legislation and for the avoidance of doubt means any information which directly or indirectly identifies or otherwise relates to a living individual, which is in the possession or under the control of Urban Grid (or its representatives or service providers). Such Personal Data may include, without limitation, the name, age, identification number, email address, address, telephone number, location data, financial data, or online identifier of that individual.

“Process” or “processing” means any operation that is carried out in respect of Personal Data, including but not limited to collecting, storing, using, disclosing, transferring or deleting Personal Data.

“Sensitive Personal Data” has the meaning ascribed to this or any similar term provided by applicable Data Protection Legislation (e.g., “sensitive personal information”, “sensitive data”, “special categories of personal data”) and includes the Personal Data mentioned in Section 6 below.

3. NOTICE REGARDING CALIFORNIA PRIVACY RIGHTS

This section of the Notice is intended to provide California residents with information concerning our collection and use of your Personal Data in accordance with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”).

We have collected, and disclosed for a business purpose, the following categories of Personal Data within the last twelve (12) months from individuals covered by this Notice:

a) identifiers and other personal information, such as name, address, online identifiers;

b) internet or other electronic network activity information, such as browsing history, search history, and interactions with advertisements;

c) audio, electronic, visual, thermal, olfactory or similar information;

d) professional or employment-related information;

e) education information;

f) inferences drawn from any of the foregoing categories of information to create a profile; and

g) Sensitive Personal Data, including:

• personal information that reveals an individual’s social security, driver’s license, state identification card, or passport number;
• personal information that reveals an individual’s precise geolocation;
• personal information that reveals an individual’s racial or ethnic origin, religious or philosophical beliefs, or union membership;
• personal information that reveals the contents of an individual’s mail, email and text messages where we are not the intended recipient of the communication;
• personal information collected and analyzed concerning an individual’s health.

The third parties to whom we may disclose Personal Data, including Sensitive Personal Data, are set forth in Section 7 and the sources from which we receive Personal Data, including Sensitive Personal Data, are set forth in Section 4.

Our business or commercial purposes for collecting and using Personal Data, including Sensitive Personal Data, are set forth in Section 5.

California residents have the right to request to access, correct, or delete their Personal Data, subject to certain exceptions set out in Data Protection Legislation. To submit a request, please use the contact information in Section 13. We may deny certain requests or fulfill a request only in part based on our legal rights and obligations. We will not discriminate against you because you exercise any of these rights. We will verify your identity before we act on your request. The verification steps may vary depending on the type of request and the type of Personal Data. You can designate an authorized agent to submit requests on your behalf. We may require written proof of the agent’s permission to do so, and we may need to verify your identity directly.

4. THE TYPES OF PERSONAL DATA WE COLLECT

Urban Grid will collect Personal Data about you:

a) directly from you;

b) from a third party acting on your behalf, for example an intermediary, lawyer or service provider;

c) from other Urban Grid entities;

d) from publicly available sources;

e) from other organizations; and

f) when we generate it ourselves.

Such Personal Data may include:

a) details of your name, age, date of birth, e-mail address, address, telephone number, identification number, online identifier, location, gender, nationality, citizenship, other contact information, right to work status (including passport, driving license, birth or adoption certificate), marital status, emergency contact details, qualifications, skills and work experience, details of previous compensation, benefits and terms of employment, signature;

b) pension and superannuation details;

c) the shares and options that you hold;

d) if you are a US citizen or a lawfully permitted permanent US resident, details of any US political donations made by you;

e) payroll and tax documentation;

f) your social insurance or Medicare or social security number or other tax identification number and details of tax residency;

g) details provided for the purposes of relocation assistance and the provision of certain benefits (including benefit membership numbers and visa details of you and your family);

h) data collected during the course of carrying out anti-money laundering checks, know your client checks and company secretarial functions on behalf of Urban Grid;

i) work-related details such as your job position, contact details, performance at work, absences, pay and benefits information, service history, a copy of your employment agreement, appraisals (including annual and interim reviews), disciplinary and training records;

j) details of maternity/paternity/adoption/shared parental leave;

k) information about your health, including sickness absences and details regarding Covid-19 vaccinations;

l) data that we collect through various monitoring activities as discussed in greater detail under Section 11, including monitoring your use of our IT and email systems, access to our premises and other location monitoring, monitoring of personal account dealing, expenses, gifts and compliance;

m) corporate headshots and biographies;

n) data collected during the course of carrying out business activities (such as arranging travel bookings);

o) details of your suitability to work with us, your past performance at work, regulatory references, your character, details of your fitness to work, verification of the information that you provide to us as part of your application, and if legally permitted, any history concerning criminal convictions and/or health checks, from third party references that you provide to us, from your previous and/or current employers, opinions expressed by Urban Grid and/or others about you and from third party background checking services or a previous employer or other referee;

p) information required as a result of legal, tax and regulatory requirements or internal policies; and

q) information stored or transmitted by you utilizing Urban Grid information systems and services.

Please note that if you do not provide certain Personal Data to Urban Grid when requested (and where relevant, provide your consent), we may not be able to continue to perform certain employment-related functions, or provide benefits. For more information on how Urban Grid electronically monitors employee activity and collects Personal Data electronically, see Section 11.

5. HOW WE USE YOUR PERSONAL DATA

Your Personal Data may be collected, stored, disclosed and processed by Urban Grid for the following purposes:

a) to carry out pre-employment/pre-contractual, background and related checks and to conduct due diligence (such as to verify the details that you provide and to ensure that you are suitable for the role for which you have applied) as determined by applicable laws. This may involve the use of a credit reference agency or other third parties acting as our agents to conduct these verifications and searches. We will also screen against publicly available government and/or law enforcement agency sanctions lists;

b) for equal opportunity and diversity monitoring purposes;

c) to respond to your inquiries;

d) for the management and administration of our business;

e) to comply with and in order to assess compliance with applicable laws, rules and regulations (including tax reporting purposes pursuant to tax legislation), industry codes, voluntary codes we decide to adopt, or good practice, anywhere in the world and internal policies and procedures;

f) to detect, investigate and prevent fraud and other crimes or malpractice;

g) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings);

h) to obtain legal advice or to establish, exercise or defend legal rights;

i) the administration and maintenance of databases storing Personal Data;

j) to meet Urban Grid’s legal obligations as an employer (where applicable) and perform its obligations and exercise its rights under your contract of employment or other contract with Urban Grid. For example, Urban Grid will use your Personal Data to identify you, pay you, and to evaluate your individual performance, provide benefits in connection with your employment or contract, and, where applicable, administer your pension;

k) in order to facilitate your career development and assess your performance;

l) to contact you or your family in the event of an emergency and for business continuity purposes;

m) to provide references to third parties upon request;

n) in order to assist you and your family with relocation (e.g. in relation to visa applications); and

o) for purposes otherwise set out in this Notice or as notified to you at the specific time of collection.

If you are a resident of California, you understand that by accepting the terms of this Notice you expressly provide your consent to Urban Grid collecting, using, storing, processing and disclosing your Personal Data as set out in this Notice.

To the extent permitted by applicable law, we may record and/or monitor electronic communications (including email and telephone) to ensure compliance with our legal and regulatory obligations and internal policies and for the purposes outlined in this Notice.

6. SENSITIVE PERSONAL DATA

Certain forms of Personal Data are subject to specific protection or restriction by law in the state of California. Sensitive Personal Data can include:

a) personal information that reveals racial or ethnic origin; religious or philosophical beliefs; or union membership;

b) personal information that reveals genetic data;

c) personal information that reveals biometric information processed for the purpose of uniquely identifying an individual;

d) personal information collected and analyzed concerning an individual’s health (including details regarding Covid-19 vaccinations);

e) personal information collected and analyzed concerning an individual’s sex life or sexual orientation;

f) account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account;

g) social security, driver’s license, state identification card, or passport number;

h) personal information that reveals precise geolocation; and

i) the contents of an individual’s mail, email or text messages, unless Urban Grid is the intended recipient of the communication.

We will not process your Sensitive Personal Data unless such processing is compliant with applicable Data Protection Legislation.

To the extent that we need to obtain your explicit consent to process your Sensitive Personal Data, to the fullest extent permitted by law, when you provide your Sensitive Personal Data to us you are deemed to have consented to us processing your Sensitive Personal Data, which includes disclosing your Sensitive Personal Data to third parties as set out in Section 7 below.

7. DISCLOSURE OF YOUR PERSONAL DATA TO THIRD PARTIES

Urban Grid does not sell Personal Data covered by this Notice to third parties or target advertising to individuals based on their Personal Data obtained from their online activity on non-affiliated websites or applications (“cross-context behavioral advertising”) as these terms are defined under applicable Data Protection Legislation. Urban Grid may share or provide access to your Personal Data among its affiliates and business units and third party agents, service providers and contractors outside of Urban Grid:

a) for the purpose of the management and administration of Urban Grid’s business;

b) in order to verify the information you have provided;

c) complying with the functions that Urban Grid may perform relating to HR decisions;

d) for the purpose of the administration and maintenance of the databases storing Personal Data;

e) for the purposes of providing you with and enhancing certain services, including by way of a third party, for example, travel tools which track your location or tax jurisdiction;

f) for the purposes of Urban Grid receiving services (for example, Urban Grid’s accountants, administrators, auditors, service providers, custodians, depositories, third party managers, paying agents, professional advisors, IT and communications providers or any entity we reasonably consider necessary for the purposes outlined above). These third parties are expected to be subject to confidentiality requirements (either by contract, professional obligation, duty or otherwise) that require them to only use your Personal Data as described above;

g) to the extent required by law (for example, if Urban Grid is compelled by an obligation or a duty to disclose your Personal Data where we believe it is necessary or appropriate to comply with any legal obligation, rule, regulations or internal Urban Grid policies and procedures, including (without limitation) in order to comply with tax reporting requirements, complying with subpoenas and similar judicial or legal demands for production of information, and other statutory reporting and disclosures to regulatory authorities), or to establish, exercise or defend its legal rights. This may include disclosure to regulatory bodies or government agencies);

h) where your Personal Data is held as part of an internal directory, enabling adequate communication with you by the employees or contractors of Urban Grid, for the performance of employment or contractual duties or for emergency reasons;

i) as part of a transaction, financing, or for other business needs (for example, if Urban Grid sells any of its businesses or assets, applies for a loan, or opens bank accounts, in which case Urban Grid may need to disclose your Personal Data to the prospective buyer, lender or bank, as the case may be, as part of certain due diligence processes); or

j) if Urban Grid or any of its affiliates, divisions or business units is acquired by a third party, including in the unlikely event of a bankruptcy, in which case the Personal Data held by Urban Grid about you will be accessible to, and may be acquired by, the third party buyer.

Urban Grid may share anonymous or aggregated data with third parties such as service providers in order to facilitate our business operations.

8. TRANSFERS OF PERSONAL DATA

Urban Grid operates globally. This means Personal Data may be processed and disclosed as described above, in any country in which we conduct business or have a service provider. Accordingly, when you provide your Personal Data to Urban Grid, you acknowledge and agree that we may disclose your Personal Data to recipients (including, but not limited to service providers, Urban Grid affiliates or agents, and Urban Grid IT servers) located in jurisdictions other than your own, including but not limited to the following countries: Canada, and USA.

Data Protection Legislation may permit Urban Grid to otherwise transfer your Personal Data outside of California provided it is in compliance with such Data Protection Legislation.

9. HOW WE SAFEGUARD YOUR PERSONAL DATA

Urban Grid has implemented commercially reasonable controls and appropriate technical and organizational measures to protect Personal Data, as well as to maintain the security of our information and information systems in respect of Personal Data. Files containing Personal Data are protected with safeguards according to the sensitivity of the information contained therein. Appropriate controls (such as restricted access) are placed on our computer systems and used where appropriate. Reasonable measures are taken to ensure physical access to Personal Data is limited to authorized employees.

As a condition of employment or contract, Urban Grid employees, contractors and other temporary staff members and personnel are required to follow applicable laws and regulations, including in relation to Data Protection Legislation. Unauthorized use or disclosure of confidential information by an Urban Grid employee, contractor or other temporary staff member/personnel is prohibited and may result in disciplinary measures.

When you contact an Urban Grid employee about your file, you may be asked to provide evidence of your identity (e.g., driver’s license or passport) and/or to confirm some details relating to the Personal Data Urban Grid holds about you. These types of safeguards are designed to ensure that only you, or someone authorized by you, has access to your file.

10. RETENTION AND DESTRUCTION OF PERSONAL DATA

The period for which Urban Grid will hold your Personal Data will vary and will be determined by the following criteria:

a) The purpose for which Urban Grid is using it. Urban Grid is required to retain the Personal Data for as long as is necessary to satisfy or meet the purposes for which it was obtained including applicable legal or regulatory requirements; and

b) Legal Obligations. Laws or regulations may set a minimum period for which Urban Grid must retain your Personal Data.

If required by the Data Protection Legislation of your jurisdiction, Urban Grid will take reasonable steps in the circumstances to destroy your Personal Data when we no longer have a legal basis to retain it or to ensure that the information is anonymized.

11. ELECTRONIC MONITORING POLICY

We collect information through electronic monitoring of employees from time to time, for a variety of reasons. In addition to the applicable reasons set out in Sections 5 and 7 above, these reasons include:

• protecting the integrity of our network and communications equipment against computer viruses, damage to software or hardware, loss of documents or information, and protecting against excessive telephone or computer usage;
• protecting against unauthorized access or disclosure of our information, systems, data, proprietary information, or employee and third-party personal information in our control;
• protecting employees against discriminatory, harassing or violent behavior from co-workers or third parties;
• monitoring employee compliance with our policies and procedures, and applicable law;
• finding lost messages or data, or to retrieve messages lost due to technological failures; and
• investigating or assisting in investigation of alleged or potential wrongdoing or violations of our policies, or complying with subpoenas and similar judicial or legal demands for production of information (including in connection with litigation).

To achieve these and related purposes, we may, at any time access, intercept or review any information created on, transmitted to, received, printed from, stored or recorded on or in our communications and other technological equipment and systems (including computers and mobile devices). Electronic monitoring may include, without limitation, the review or tracking of:

• transactions, messages, communications, postings, log-ins, recordings and other uses of our communications systems and equipment;
• system access using our communication and other equipment;
• websites visited on our systems or phone calls made using our communications equipment;
• any creation, modification, transmission or deletion of files using our communications or other equipment;
• any installation, removal or alteration of software or hardware on our communications or other equipment; and
• employee access to our offices and networks, including through video surveillance, key card swipe logs and system/VPN logins.

12. QUESTIONS AND CONCERNS

If you have any questions or concerns about Urban Grid’s handling of your Personal Data, or about this Notice, please contact our Legal & Regulatory team using the contact information set out below.

We are typically able to resolve privacy questions or concerns promptly and effectively. If you are not satisfied with the response you receive from our Legal & Regulatory team, depending on your jurisdiction, you may have the option to escalate concerns to the applicable privacy regulator in your jurisdiction, the details of which can be obtained from the Legal & Regulatory team.

13. URBAN GRID CONTACT INFORMATION

Email: [email protected]