PRIVACY POLICY FOR APEX ENERGETICS, INC.

Apex Energetics, Inc. ("Company," "we" or “us”) respects your privacy and is committed to protecting it through compliance with this policy.  This policy describes the types of information that we may collect from you or that you may provide when you visit the website https://www.apexenergetics.com.

By using this website and any of its information, content, products, materials, and services (collectively the "Site"), you consent to the terms of our Privacy Policy and our use of personal information and other information that is collected or submitted as described herein. If you do not agree with this policy, do not use this Site.

1. PERSONAL INFORMATION COLLECTED

Types of Personal Information Collected: In the course of doing business with us, we collect certain personal information (information that identifies you or is reasonably linked to you) including: name, contact information (physical address, mailing address, email address, and telephone number), credit and debit card information, account name, unique personal identifier, and any other identifier by which you may be contacted online or offline.  We also collect commercial information, such as products or services purchased, obtained, or considered. We also maintain records and copies of correspondence and call recordings.

How We Collect Such Information: Personal information may be collected from you in a variety of ways. Some examples of when personal information is collected include the following:

• Create an account or request information or material from us;
• Register for an event or order anything from us;
• Conduct a transaction where we collect information, including as required by law;
• Post content on the Site or “follow”, “like” or otherwise connect with us, for example, on social media; or
• Otherwise transmit personal information to us along with any related content of the communication.

We retain personal information for as long as necessary to do business with you and as required by applicable law.

Please note that we may act as a service provider to provide and maintain a webstore for third parties selling Apex Energetics products and as such may receive and process personal information to be used only in connection with such services.

2. OTHER INFORMATION COLLECTED

Examples of Other Information Collected: In order to provide you with the best experience possible, we receive and store certain types of information when you interact with this Site or its on-line advertising. Our purpose is to allow the Site to work correctly, to evaluate use of the Site, and to support Site analytics and marketing campaigns. Some examples include:

• Technical Information: We may collect technical information regarding visits to the Site, like the path you take through our Site, as well as your Internet protocol address, device operating system, browser type, and the address of a referring website (if any).
• Use of Cookies: A cookie is a small text file that a website or e-mail may save to your browser and store on your hard drive. We use cookies to enable us to recognize you as you use or return to our Site so that we can provide a continuous and more personalized experience for you. You can disable cookies at any time by changing the setting in your internet browser.
• Web Beacons: We may also use web beacons, which allow us to know if a certain page was visited, an e-mail was opened, or if ad banners on our Site were effective.
• Details of transactions you carry out through our Site and the fulfillment of your orders.

3. LIMITED DISCLOSURE TO THIRD PARTIES

We do not share or sell personal information to third parties in exchange for monetary or valuable consideration. However, we may use your personal information or other collected information in the following ways:

• Communicating With You: Personal information is used to respond to your inquiries and requests and provide customer service; to provide timely communications about your order and/or account, as well as our products, events, services, and promotions. We may need to work with third parties in order to do so and will share information with them as necessary.
• Partner Products/Services: We sometimes work with trusted business partners, affiliates, contractors, service providers, and other third parties to support our business and help provide our products and services.  We will use personal information only as necessary for the other party to do so.
• Considering or responding to interest in working with us.
• Evaluating and improving our products and services.
• Analyzing customer use of our site.
• Legal Reasons: We reserve the right to use any collected information to comply with applicable laws, to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes, to use, as necessary, in investigations or other legal proceedings, and to protect the rights, property, or safety of the Company, employees, customers, or others, as we deem necessary or appropriate.
• Merger or Sale: We may transfer any or all collected information to a third party in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of all or a portion of the Company’s assets, whether voluntarily or by operation of law, in which personal information held by the Company about users of this Site or customer information are among the assets being transferred.
• With Your Consent.  Your personal information may be collected and used (a) in any other way that we may describe when you provide the information, and (b) for any other purpose with your consent.

4. SECURITY

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible to a limited number of persons who have special access rights to such systems and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.

5. UNSUBSCRIBING FROM MARKETING EMAILS

Although we try to keep you informed of the latest information regarding our products and services, if you do not wish to receive promotional e-mail communications from us, you may opt out via the unsubscribe link in the email or call (800) 736-4381. Please be aware that, even if you have opted out of receiving promotional e-mail communications from us, we may still contact you for transactional purposes. Some examples are contacts for customer service, product information, and service or reminder notices. We may also need to contact you with questions or information regarding your order, such as regarding order status, registration or attendance issues, or refunds.

6. CONTACT INFORMATION

If you have any questions about this Privacy Policy, please do not hesitate to contact us at:

Postal Address: Apex Energetics, Inc., 16592 Hale Ave., Irvine, CA 92606
Email: orders@apexenergetics.com
Phone: (800) 736-4381

7. MODIFICATION

We may modify this Privacy Policy at any time. Revisions take effect on the date they are published to this Website. Your continued use of this Website after we make changes is deemed to be acceptance of those changes so you should review this policy each time you use this Website. The last revision to this Privacy Policy was in January 2023.

Please also visit our Terms of Use establishing other provisions including the use, disclaimers, and limitations of liability governing the use of the Site.

PRIVACY POLICY FOR CALIFORNIA RESIDENTS

1. CALIFORNIA CONSUMERS

The following supplements the above Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you").

If you live in California, you have certain rights under state law with respect to any personal information we collect about you, including:

• The right to ask us to provide you with the personal information we have collected about your during the past 12 months (up to two times in that 12-month period).
• The right to learn about the kinds of third parties with whom we may have shared personal information.
• The right to have certain information about you deleted or corrected.
• The right to not be discriminated against or based on your exercise of your California consumer privacy rights¹.

If you or your agent make a request of us to access or delete your information, we will need to verify your identity to safeguard your personal information.

Please be advised that we may be unable to delete certain personal information if it is necessary for us to provide a good or service as requested by you, to use for internal purposes consistent with the context in which the information was provided, or to comply with applicable laws.

If you would like to review or make requests related to your personal information as it exists in our records, please submit a request by either: calling Customer Service at 800-736-4381 or emailing us at orders@apexenergetics.com. Once we verify your identity, we will respond to your request consistent with applicable law.

2. CALIFORNIA JOB APPLICANTS, EMPLOYEES, AND CONTRACTORS

(Effective January 1, 2023)

If you are a California resident and are an Apex Energetics, Inc. job applicant, employee, or contractor, please be advised of the following.

Listed below are the categories of personal information that Apex Energetics may collect about you as an Apex Energetics job applicant, employee, or contractor:

• Identifiers, including real name, alias, postal address, email address, telephone number, account name, social security number, driver’s license number, passport number or other similar identifiers.
• Characteristics, including the following: race, skin color, national origin, religion (includes religious dress and grooming practices), sex/gender (includes pregnancy, childbirth, breastfeeding and/or related medical conditions), gender identity, gender expression, marital status, medical condition, disability, military or veteran status, request for family care leave, request for leave for an employee’s own serious health condition, request for pregnancy disability leave, and age.
• Professional or Employment-related Information, including job-related data, maintained as part of the employment relationship that is present in: a job application or resume; an employment contract; a contractor agreement; a performance review; a disciplinary record; photos; voice recordings; information from employee expenses; browsing and search history; payroll and benefits related data; internal and external contact information; or information captured from video, audio, systems, or other forms of monitoring or surveillance.
• Education Information, including information about your educational background, such as education records and transcripts.
• Workplace Monitoring, including any communication, information, or data communicated across the Company’s computing and communication systems at any time.

Apex Energetics collects the personal information identified above for the reasons listed below:

• To Recruit Employees, including to conduct employment related background screening and checks.
• To Administer Benefits, such as medical, dental, optical, commuter, and retirement benefits, including recording and processing eligibility of dependents, absence and leave monitoring, insurance and accident management.
• To Pay and Reimburse for Expenses, including salary administration, payroll management, payment of expenses, administration of other compensation related payments.
• To Conduct Performance-Related Reviews, including performance appraisals, career planning, skills monitoring, job moves, promotions, and staff re-structuring.
• To Monitor Work-Related Licenses and Credentials and Training, including provisioning software licenses for use in the course of an employee’s work-related responsibilities, ensuring compliance, training, and other work-related requirements.
• To Provide Our Employees with Human Resources Management Services, including providing employee data maintenance and support services, administration of separation of employment, approvals and authorization procedures, administration and handling of employee claims.
• To Maintain Contact Information/To Assist in Case of Emergency, including maintenance of contact details needed in case of personal or business emergency.
• To Monitor Eligibility to Work in the U.S., which means monitoring and ensuring compliance of employees’ ability to work in the U.S..
• To Conduct Healthcare-Related Services, including conducting pre-employment and employment-related screenings, return-to-work processes, medical case management needs, determining medical suitability for particular tasks, identifying health needs of employees to plan and provide appropriate accommodations.
• To Facilitate a Better Working Environment, which includes conducting staff surveys, providing senior management information about other employees, and conducting training.
• To Ensure a Safe and Efficient Working Environment, which includes Company actions relating to disciplinary actions, code of conduct processes, and investigations.
• To Maintain Security on Apex Energetics Websites; Internet Connected Assets and Work Sites, which includes hosting and maintenance of computer systems and infrastructure; management of Apex Energetics’ software and hardware computer assets; systems testing; training; and monitoring email, Internet, and work site access.
• To Comply with Applicable Law or Regulatory Requirements or Use in Investigations or Legal Proceedings, such as legal (state and federal) and internal company reporting obligations, investigations, or legal proceedings.

Please be advised that we may share personal information with Insperity, Inc., our co-employer within the context of the professional employer organization relationship, as well as Company professional advisors, as appropriate. Please see Insperity’s website for their privacy policy regarding information collected through their website.  Privacy notice - Insperity

Apex Energetics does not otherwise share or sell personal information of job applicants, employees, or contractors.

If you are an Apex Energetics job applicant, employee, or contractor and have questions or wish to exercise your rights to know/delete or correct inaccurate personal information, please submit a request by contacting Human Resources at 800-736-4381 or orders@apexenergetics.com. Once we verify your identity, we will respond to your request consistent with applicable law. Please be advised that we may be unable to delete or limit certain personal information if:

• Deleting the information prevents the business from exercising its legal rights, such as needing to retain the information to defend against possible legal claims;
• Personal information is needed for employment purposes, such as for payroll, government data reporting, and health care;
• Complying with legal obligations such as needing to retain employment records for required data retention periods;
• Completing transactions using personal information to fulfill contractual obligations; or
• The retention of personal information is necessary to satisfy compliance requirements and litigation demands.

We reserve the right to amend this Policy at our discretion and at any time. (Last updated January 1, 2023)

¹California consumers also have the right to opt-out of having their information sold, but, as described in the privacy notice above, Apex Energetics, Inc. does not sell or share your information to third parties for valuable consideration, so this is not applicable.