This privacy policy covers how Railpower, Inc handles personal data whether you interact with us on our websites, applications, product sales, services, or tools (collectively “services”) regardless of where or how you access them. By accessing or using our services, you acknowledge you have read, understand, and agree to be bound by this privacy policy and our terms of use. If you do not agree to be bound by this privacy policy or our terms of use, you must stop accessing and using our services.

We respect your ability to know, access, correct, transfer, restrict the processing of, and delete your personal data. We have provided these rights to our customer base and if you choose to exercise these privacy rights, you have the right not to be treated in a discriminatory way nor to receive a lesser degree of service from us. We do not sell your data.

While we may link to third parties on our services or make third-party apps available to you, our privacy policy does not apply to how third parties define personal data or how they use it. We encourage you to read their privacy policies and to understand your privacy rights before interacting with them.

You may only provide us with someone else’s personal data if you have their explicit and prior consent to do so; it is your responsibility to inform them of our privacy policy and terms of use.

Our services are not intended for people under the age of 18. We do not knowingly collect personal data from users in this age group. If you are under the age of 18, you must stop accessing and using our services. If we learn that the personal data of someone under the age of 18 was collected without appropriate authorization, it will be deleted as soon as possible.

Data We Collect

We collect data you provide when requesting information from us, registering with us, accessing or using our services, responding to surveys or contests, communicating with us, participating in forums on our website, or otherwise interacting with us. Your participation in these activities is completely voluntary and you may choose whether or not to participate and therefore whether or not to disclose this data. The data we collect may include personal data (data that identifies a specific person) and non-personal data (data that does not, and cannot reasonably be used to, identify a specific person).

Cookies and Other Technologies

Our websites, online services, interactive applications, and advertisements may use cookies and other technologies such as web beacons. These technologies help us better understand user behavior, including for security and fraud prevention purposes, tell us which parts of our websites people have visited, or facilitate and measure the effectiveness of advertisements and web searches.

Communications Cookies: These cookies are used to enable network traffic to and from our systems, including helping us detect errors.

Strictly Necessary Cookies: These cookies are set as required to provide a specific feature or service that you have accessed or requested. For example, they allow us to display our websites in the proper format and to authenticate and verify your transactions.

Other Cookies: These cookies are used to understand how visitors interact with our websites and online services, including helping us assess the effectiveness of advertisements and web searches. We may also use these cookies to remember choices you make while browsing so we can provide you with a customized experience.

If you prefer that we not use cookies, we provide you with the means to disable their use.

You can set your web browser to warn you before accepting cookies and refuse the cookie when your web browser alerts you to its presence. You can also refuse all cookies by turning them off in your web browser. Certain features of our website may not be available to you if all cookies are disabled.

In addition to cookies, we may use other technologies that help us achieve similar objectives. In some email messages we send you, we provide a click-through URL that links you to content on our website. When you click one of these URLs, they pass through a separate server before arriving at the destination page on our website. We track this click-through to help us determine interest in particular topics and measure whether we are communicating with you effectively. If you prefer not to be tracked in this way, you should not click graphic or text links in our email messages. We generally treat data we collect using these cookies and similar technologies as nonpersonal data, but to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal data by local law, we also treat these identifiers as personal data in those regions. We also sometimes combine nonpersonal data collected from these technologies with other personal data we hold. When we combine data in this way, we treat the combined data as personal data for purposes of this privacy policy.

How We Use Data

We may use the data we gather:

To provide you with information about our products and services and those of select partners we believe will interest you.

To allow you to purchase products and services from us and our partners and to communicate with you about your account or transactions.

To gather demographic data about user trends, to analyze the use of our products and services and those of our partners, to help us develop new products and services, and to customize our products and services.

To comply with legal requirements, such as responding to subpoenas and court orders, cooperating with governmental or law enforcement investigations, participating in other legal proceedings, and detecting, investigating, and preventing activities that are illegal or violate our policies.

In connection with the sale of a business, to enforce our terms of use, to protect ourselves, you, or others using our services, to comply with legal process, or when we otherwise believe in good faith that disclosure is required by law.

If you are in the European Economic Area, we will only send you marketing messages if you have given us your consent to do so.

Sharing Data

Our corporate family may have access to your personal data where they perform services on our behalf and, unless prohibited by applicable law, for use on their own behalf. We may also share your data with third parties performing services on our behalf, as necessary in connection with a merger or the sale of our company or a member of our corporate family, as necessary to enforce our policies or protect us or our users, or as otherwise required by law.

When authorized by you, we may also share your personal data with others using our services (such as in forums), or with carefully selected partners who provide products or services we believe may interest you. All such persons and entities must either agree to abide by our privacy policies or must have privacy policies that are consistent with ours. They must also agree to only use your personal data for the purpose of providing authorized products or services.

Our website may also contain links to other websites, as a convenience to our users. We are not responsible for the privacy practices or the content of such other websites or the privacy practices of such partners.

Our website may contain links to third-party websites or applications, as a convenience to our users. We may also, with your permission, provide your data to select partners who have products or services that we believe will interest you. This privacy policy does not cover access to or use of such third-party websites, applications, products, or services. Such access or use is governed by the privacy policies of such third-parties and we are not responsible for the data practices of such third-parties. We encourage you to read their applicable privacy policies.

We provide the opportunity to opt-out of receiving electronic communications from us and our partners. You may also have other rights concerning access, disclosure, amendment, or deletion based on the laws of your state or nation. For example, if you are a resident of California, you may request once per calendar year a list of disclosures we make to third parties for their direct marketing efforts. Residents of Europe may contact us regarding their rights to access their data, among other rights. These are simply examples and your particular rights, based on your state or nation, may not be listed here as an example.

If you do not want to receive electronic communications from us or our partners, or if you want to avail yourself of any other legal rights you may have, please write us at https://www.railpower.com/#contact and make sure to include your state or nation location. You may also use the opt-out feature included with emails. Please allow us a reasonable period of time to process your request. Keep in mind that any opt-out does not apply to necessary communications, such as responding to your inquiry, and is revoked if you later request information, or purchase products or services from, us or our partners. Please also keep in mind that if you object to or opt out of our collection and sharing of data as set forth in this privacy policy, you may not be able to access all of the services offered to our other users and authorized under this privacy policy and our terms of use.

Retention of Data

We retain personal data as long as necessary and relevant for our operations. We may also retain personal data from closed accounts in order to prevent fraud, collect fees owed, resolve disputes, troubleshoot problems, assist with investigations, enforce our terms of use, or to take other actions permitted or required by applicable law. We dispose of personal data in a secure manner according to our data retention and deletion policies.

Security

The security, integrity, and confidentiality of your personal data is important to us. We have implemented security measures designed to protect your personal data from unauthorized access, disclosure, use, and modification. However, please note that no security measures are impenetrable. We will retain your personal data for the length of time needed to fulfill the purposes outlined herein unless a longer retention period is required or permitted by law. If you believe your account has been abused, please contact us at https://www.railpower.com/#contact.

Cross-Border Data Transfers

Our services are only intended to be used by persons located in the United States. If you are located outside the United States, please note that data we collect about you, including personal data, will be transferred to, and processed and stored in, the United States. United States data protection and privacy laws may differ from those of your country. United States governmental agencies, courts, or law enforcement may also be able to access or obtain your personal data. Our Sites are hosted on servers in the United States. If you are located in a jurisdiction outside the United States, the transfer of personal data is necessary to provide you with our services. By using our services, you consent to the transfer, processing, and storage of your data, including your personal data, in the United States.

With respect to transfers originating from the European Economic Area to the United States, we implement standard contractual clauses approved by the European Commission and other appropriate solutions to address cross-border transfers as required or permitted by Articles 46 and 49 of the General Data Protection Regulation.  Where required by such laws, you may request a copy of the suitable mechanisms we have in place by contacting us as detailed below.

California Privacy Rights

California consumers have certain rights to knowledge of, access to, and deletion of their personal data under the California Consumer Privacy Act. California consumers also have a right to opt out of the sale of their personal data by a business and a right not to be discriminated against for exercising their California privacy rights. We do not sell the personal data of, or discriminate in response to privacy rights requests from, California consumers.

We provide notice of our privacy practices in our privacy policy. Our privacy policy includes what personal data is collected, the source of the personal data, and the purposes of use, as well as whether we disclose that personal data and if so, the categories of third parties to whom it is disclosed.

We do not track our customers over time and across third-party websites to provide targeted advertising and therefore does not respond to Do Not Track signals. Third parties that have content embedded on our websites may set cookies on a user’s web browser or obtain data about the fact that a web browser visited one of our websites from a certain IP address but third parties cannot collect any other personally identifiable data from our websites unless you provide it to them directly.

You have the right to opt-out of the sale of your personal data by a business. We do not sell your personal data.

You may not be discriminated against because you exercise any of your rights under the California Consumer Privacy Act.

You have the right to request that we disclose what personal data we collect, use, disclose, and sell about you specifically (“right to know”). To submit a request to exercise the right to know, please submit an email request https://www.railpower.com/#contact and include “California Request to Know” in the subject line, or contact us by calling 530-666-9646 or by sending your request to us postal address listed below. Please specify in your request the details you would like to know, including any specific pieces of personal data you would like to access.

You have a right to request the deletion of personal data. To submit a request to delete personal data, please submit an email request to https://www.railpower.com/#contact and include “California Request to Delete” in the subject line, or contact us by calling 530-666-9646  or by sending your request to us postal address listed below. Please specify in your request the details you would like to have deleted, which can be all of your personal data as required by the California Consumer Privacy Act.

If you make a request to us under the California Consumer Privacy Act, additional information may be requested from you, depending on your prior interactions with us and the sensitivity of the personal data at issue. If you use an authorized agent, we may request that you verify your identity with us and directly confirm that you gave permission to the agent to submit a request on your behalf. Upon our completion of our review you will be notified if your request has been granted, denied, or if exemptions apply.

European Union Privacy Rights

Under the General Data Protection Regulation (Regulation EU 2016/679) (also known as the “GDPR”), if you are an individual protected by the GDPR you may have certain rights as a data subject. To request information about or avail yourself of those rights, please submit an email request to https://www.railpower.com/#contact and include “GDPR Request” in the subject line, or contact us by calling 530-666-9646 or by sending your request to us postal address listed below. Please specify in your request the GDPR right you are requesting assistance with.

If you make a request to us under the GDPR, additional information may be requested from you and we reserve the right to charge a fee with respect to certain requests. Upon our completion of our review you will be notified if your request has been granted, denied, or if exemptions apply.

Changes to this Privacy Policy

Please review this notice periodically as we may modify this privacy policy at any time by posting the modified terms on our website. Modifications are effective when posted and will apply to data collected after posting. Your continued accessing or use of our services after any such modification signifies your acceptance thereof.

Contact Us

If you have any questions about this privacy policy, our website practices, your data, your rights concerning your data, or your dealings with our website, please contact us at https://www.railpower.com/#contact or at the following address:

Railpower, Inc

Attn: Privacy

1745 Enterprise Blvd,

West Sacramento, CA 95691

Last Updated: April, 2025