Privacy Policy

Edgemoor Infrastructure & Real Estate LLC Privacy Notice for Non-Employees

Last Updated on: June 30, 2023

This Privacy Notice for Non-Employees (“Notice”) applies to non-employees of Edgemoor Infrastructure & Real Estate LLC, its subsidiaries and its affiliates (hereinafter “Edgemoor” or “We” or “Our”). This Notice does not apply to employees, former employees or job applicants.  You may review our Past, Present and Potential Employees Privacy Notice that applies below. If you are a California resident, please review our CALIFORNIA PRIVACY NOTICE below.

We respect your privacy. This Notice describes the types of information we may collect from you, including but not limited to information that you may provide when you visit the website https://www.edgemoor.com or any of Edgemoor’s other websites, our affiliate websites, (our "Website"), or elsewhere, and our practices for collecting, using, maintaining, protecting, and disclosing that information. Our Website is operated in the United States and intended for use by individuals who are located in the United States.

The Notice does not apply to information collected by any third party (such as third party websites, services, and links through our website) which may have their own security and privacy disclosures.

Children Under the Age of 16

Our Website is not intended for children under 16 years of age. No one under the age of 16 may provide any information to the Website. We do not knowingly collect personal information from children under the age of 16. If you believe we might have any information from or about a child under the age of 16, please fill out this form or call  +1 (888) 826-2461 .

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

• Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers.
• Other personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) such as a name, signature, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
• Protected classification characteristics under state or federal law such as age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
• Commercial information such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Biometric information such as genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as other physical patterns, and health, location or exercise data.
• Internet or other similar network activity such as browsing history, search history, information on a consumer's interaction with a website, application, or advertisement, including your IP address, operating system, and browser type.
• Sensory data such as audio, electronic, visual, thermal, olfactory, or similar information.

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete online or otherwise.
• Indirectly from you. For example, from observing your actions on our Website or third party vendors.
• Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technology.
• Information collected from third party vendors.
  • We may also combine personal information about you from multiple sources. For example, we may combine information we collect offline with information we collect on our Website.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.
• The information we collect automatically may include personal information. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
• To help maintain the safety, security, and integrity of our Website, services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Website, products, and services. The technologies we use for this automatic data collection may include:
  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies or otherwise opt out, our system will issue cookies when you direct your browser to our Website.
  • Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
    • Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals.  If you block cookies, certain features on our sites may not work.  If you block or reject cookies, not all of the tracking described here will stop.

Use of Personal Information

We may use or disclose the personal information we collect about you or that you provide us, including any personal information:

• To share with our related companies to support our business.
• To create, maintain, customize, and secure your data with us.
• For marketing purposes.
• To share with contractors, service providers, and other third parties to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Clark’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Clark is among the assets transferred.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses
• To help maintain the safety, security, and integrity of our Website, services, databases and other technology assets, and business.
• For testing, research, analysis, and development, including to develop and improve our Website, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations, to ensure compliance with any applicable laws, or to conduct internal investigations and reviews as appropriate.
• For any other purpose in accordance with your consent, at your direction, or as we may otherwise describe to you at the time the information is collected.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Edgemoor, our clients, or others, consistent with law.

Sharing Personal Information

We do not sell your personal information. We may disclose your personal information to a third party for a business purpose. We share your personal information with the following categories of third parties:

• Service providers.
• Governmental or regulatory authorities as required or permitted by law.
• Third parties with whom you direct or permit us to share your personal information.

California Privacy Notice

This section supplements the information contained in the other sections of this Privacy Notice and applies solely to clients, visitors, users, and others who reside in the state of California (“consumers” or “you”) and for whom we have data that is subject to the California Consumer Privacy Act of 2018 as may be amended or supplemented from time to time, including through the California Privacy Rights Act (collectively, the “CCPA”). This Privacy Notice, including this additional information, is provided to comply with the CCPA and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this section.

This section describes our privacy practices offline and online, and contains the CCPA’s required disclosures and instructions for California residents who wish to exercise their rights under CCPA. Please note that, to the extent permitted under CCPA, this California Privacy Notice does not apply to the PI of California residents that we collect for employment-related purposes. For any employment-related information, please review our employee privacy notice available below.

The chart below provides a description of the types of personal information we may collect. It also describes the business or commercial purpose(s) for which we may collect, use and disclose personal information, and the categories of third parties with whom we have shared or sold each type of personal information in the past twelve (12) months. Below the chart, we have outlined the criteria we use to determine how long such information will be retained. We may collect the categories of personal information described in the chart as described in the “Information We Collect” section of our Policy. We may share personal information we collect as described in the “Sharing Personal Information” section of our Policy.

The CCPA contains specific definitions for “sharing” and “selling” personal information. These definitions only apply to this California Privacy Notice, and do not apply to the rest of our Policy. “Share” or “sharing” means, in short, sharing personal information for cross-contextual advertising purposes. “Sale” or “selling” is defined very broadly and includes the disclosure of PI for monetary or valuable consideration. Note that as of the date of the Policy, we do not knowingly “sell” or “share” personal information, including any information relating to consumers under the age of 16 years. This statement is based on our understanding of how these terms are defined under the CCPA.

Our personal information retention criteria: The CCPA requires that we disclose the criteria we use to determine how long we will retain each category of personal information in the chart above. Oftentimes, our records contain several of these categories of personal information combined together and therefore we consider, on a case-by-case basis, a number of factors to assess how long personal information is retained. These factors include what personal information is reasonably necessary to (i) provide our products and services or administer our relationship with a consumer; (ii) protect our business, employees, organization and others; (iii) fulfill our legal and regulatory obligations; and (iv) investigate and address issues which may include safety concerns, potential security incidents or policy violations.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Edgemoor has disclosed the following categories of personal information for a business purpose. We have not disclosed this information to third parties (e.g., non-service providers) in the past 12 months.

• Identifiers.
• California Customer Records personal information categories.
• Protected classification characteristics under California or federal law.
• Biometric information.
• Commercial information.
• Internet or other similar network activity.

Your CCPA Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Correction Requests

This means that you can request that we correct inaccurate personal information that we maintain about you.

Opt-Out of the Sale or Sharing of Personal Information

The CCPA provides a right to opt out of the “sale” or “sharing” of personal information. Note that as of the date of this Policy, we do not knowingly “sell” or “share” personal information, including the personal information of consumers under the age of 16 years. This statement is based on our understanding of how these terms are defined under the CCPA.

Exercising Your Rights

To exercise the rights described above, please submit a verifiable consumer request to us by either:

• Calling us at +1 (888) 826-2461
• Contacting us at this form.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. We may request that you provide us with additional information in order to verify your identity.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
  • Obtaining additional information from you for verification purposes
  • Requiring that you describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We will acknowledge any request received within ten (10) business days, and endeavor to respond to a verifiable request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Additional Information about your California Rights. If you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make a request, please contact us. Indicate in your note that you are a California resident making a “California Shine the Light” inquiry.

Other State Privacy Rights

In addition to California, several other states may provide their residents with certain rights regarding the collection and use of their personal information. The categories of personal information that we process, and the purposes for which we process your personal information, are described above.

Under these state laws, you may have the right to:

• Confirm whether or not we are processing your personal information and provide access to such personal information.
  • Delete personal information provided to us by or obtained by us about you.
  • Provide you with a copy of your personal information that you previously provided to us in a portable and, to the extent technically feasible, readily usable format.
  • Correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing of your personal information.
  • Provide a method for you to opt-out of the processing of your personal information for purposes of online behavioral advertising, the sale of your personal information, as the term “sale” is defined under the relevant state privacy law, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
  • Opt out of certain types of profiling.

In addition, if you are a Nevada resident, under Privacy and Security of Personal Information Chapter of the Nevada Revised Statutes Section 603A (“603A”), you have the right to submit a verified request to us, directing us not to make any sale of certain “personal information” as defined under this law that we have collected or will collect about you.

If you wish to exercise your state privacy rights under this section, you can contact us at +1 (888) 826-2461 or through this form. Please include your name, email address, and state of residence and indicate your “Privacy Rights” request. We will take commercially reasonable efforts to authenticate any requests that you submit. If we deny your privacy request and you wish to appeal our decision, you may contact us.

Policy Updates & Contact Information

Changes to Our Privacy Notice

We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated notice on our website and update the Notice’s date modified above. Your continued visitation of this Notice following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this Notice, the ways in which Edgemoor collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under applicable law, please do not hesitate to contact us at:

Phone: +1 (888) 826-2461

Website: https://www.edgemoor.com/privacy

Privacy Notice for Past, Present, and Potential Employees

Last Updated: Jun 30, 2023

This Privacy Notice (“Notice”) applies to past and present employees, owners, directors, and officers (“Employees” or “Edgemoor Employee(s)) and potential employees (“Job Applicant(s)”), and does not apply to non-Employees, of Edgemoor Infrastructure & Real Estate LLC, its subsidiaries, and its affiliates (hereinafter “Edgemoor” or “We” or “Our”). This Notice does not create or form part of any contract for employment or otherwise. You may review our Non-Employee Notice above.

We respect your privacy. This Notice describes the types of information we may collect from you in your capacity as an Employee or Job Applicant, including but not limited to information that you may provide when you visit the website https://www.edgemoor.com or any of Edgemoor’s other websites, our affiliate websites, (our "Website"), or elsewhere, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

The Notice does not apply to information collected by any third party (such as third party websites, services, and links through our website) which may have their own security and privacy disclosures.

Children Under the Age of 16

Our Website is not intended for children under 16 years of age. We do not knowingly collect personal information from children under the age of 16. If you are under the age of 16, do not use or provide any information on this Website or on any of its features. If you believe we might have any information from or about a child under the age of 16, please contact us at this form or +1 (888) 826-2461

Information We Collect

In connection with your employment or potential employment with Edgemoor, we collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.

Please note that any terms defined in the California Consumer Privacy Act, as amended by the California Privacy Rights Act and together with all implementing regulations (together, the “CCPA”), have the same meaning when used in this Notice.

Our personal information retention criteria: The CCPA requires that we disclose the criteria we use to determine how long we will retain each category of personal information in the chart above. Oftentimes, our records contain several of these categories of personal information combined together and therefore we consider, on a case-by-case basis, a number of factors to assess how long personal information is retained. These factors include what personal information is reasonably necessary to (i) administer our relationship with you (ii) protect our business, employees, organization and others; (iii) fulfill our legal and regulatory obligations; and (iv) investigate and address issues which may include safety concerns, potential security incidents or policy violations.

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, this may include forms you complete online or otherwise, or your communications with human resources.
• Indirectly from you. For example, in the course of conducting our business, we may monitor employee activities and our premises and property.
• Automatically through the use of our networks, devices (such as mobile devices) and websites. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
• Information collected from third party vendors, including background check vendors, drug testing companies, and recruiting agencies.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.
• The information we collect automatically may include personal information. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
• Maintain the safety, security, and integrity of our Website, network, services, databases and other technology assets, and business.
• Complete testing, research, analysis, and development, including to develop and improve our Website, products, and services. The technologies we use for this automatic data collection may include:
  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies or otherwise opt out, our system will issue cookies when you direct your browser to our Website.
  • Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Disclosure of Personal Information

We do not sell your personal information. We may disclose your personal information to a third party for any of our business purposes and the other reasons set forth below. Your information may be disclosed to Edgemoor’s related companies to support our business.

We share your personal information with the following categories of third parties:

• Service providers, contractors, and other third parties in connection with our administration of your employment or who otherwise need such information to support Edgemoor and our businesses.
• Governmental or regulatory authorities as required or permitted by law.
• Third parties with whom you direct or permit us to share your personal information, including emergency contacts.
• Third parties as part of our employment process such as consumer reporting agencies for employment background checks.
• Social networks for marketing purposes (for example, posting of hiring or accomplishment announcements).

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Edgemoor has disclosed the following categories of personal information for a business purpose:

• Identifiers.
• California Customer Records personal information categories.
• Protected classification characteristics under California or federal law.
• Commercial information.
• Biometric information.
• Internet or other similar network activity.
• Geolocation data.
• Sensory data.
• Professional or employment-related information.
• Non-public education information.
• Inferences drawn from other personal information.

Rights Under the CCPA

Privacy Rights. Subject to certain exclusions included in the CCPA, and as relevant to our operations, you have the rights listed below with respect to the personal information that we maintain about you. We may take steps to verify your identity, as permitted or required under the CCPA, before we process your request. Verification may include asking you to provide information about yourself that we can match against information already in our possession.

• Notice. This means that you can request that we disclose what personal information we have collected about you, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we have disclosed personal information, and the specific pieces of personal information we have collected about the consumer. We do not “share” or “sell” Employee or Job Applicant personal information.
• Deletion. This means that you can request that we delete personal information about you which we have collected from you.
• Correction. This means that you can request that we correct inaccurate personal information that we maintain about you.
• Right to Non-Discrimination. This means that we are prohibited from discriminating against you if you exercise your rights under the CCPA.

Sensitive Personal Information: We do not collect, use or disclose Sensitive personal information except for those purposes described under §7027 of the CCPA regulations or at the direction of an Employee or Job Applicant.

California residents who wish to exercise their rights under this section can form or call +1 (888) 826-2461. Please indicate you are a California resident and Employee or Job Applicant making a “CCPA” request. Agents that you have authorized to act on your behalf may also submit CCPA requests as instructed above. The agent must also provide evidence that they have your written permission to submit a request on your behalf. If we are unable to verify the authenticity of a request, we may ask you for more information or may deny the request.

Changes to Our Privacy Notice

We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated Notice on our website and update the Notice’s date modified above. Your continued visitation of this Notice following the posting of changes constitutes your acceptance of such changes.

Contact Information

Contact Information

If you have any questions or comments about this Notice, the ways in which Edgemoor collects and uses your information described here your choices and rights regarding such use, or wish to exercise your rights under the California Consumer Privacy Act of 2018 (“CCPA”) and are a resident of the State of California, please do not hesitate to contact us at:

Phone: +1 (888) 826-2461

Website: https://www.edgemoor.com/privacy

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