This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS (“California Privacy Notice”) supplements the information contained in our Privacy Notice of LAVA BUILD, LLC, a Delaware limited liability company and its licensor (“LAVA”), and applies solely to California residents who visit or use our website, www.lavabuild.com (“Website”), interact with us online, or receive products or services (collectively, “Services”). This California Privacy Notice describes the personal information that we collect about you, the rights you have with respect to that information, and how you can exercise those rights. We adopt this California Privacy Notice to comply with the California Online Privacy Protection Act (“CalOPPA”). In this California Privacy Notice, “we,” “us,” and “our” refer to LAVA. “You” refers to you, an individual accessing the Website. If you do not agree with all the terms contained in this California Privacy Notice then you shall not access the Website or use the any of the Services.

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). We may collect following categories of personal information from consumers:

   • Category A – Identifiers.
   Examples: Name, postal address, Internet Protocol address, email address, driver’s license number, passport number or other similar identifiers.

   • Category B – Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
   Examples: Name, signature, address, telephone number, fax number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, bank account number, credit card number, debit card number, or any other financial information.

   • Category C – Protected classification characteristics under California or federal law.
   Examples: Age, ethnicity, citizenship, religion or creed, marital status, physical illness, mental illness or disabilities, gender, veteran status.

   • Category D – Commercial information.
   Examples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

   • Category F – Internet or other similar network activity.
   Examples: Access history and information on your interaction with our Website and Services.

   • Category G – Geolocation data.
   Examples: Physical location or movements.

   • Category I – Professional or employment-related information.
   Examples: Current or past employment and professional license information.

   • Category J – Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
   Examples: Education level and institutions/trade schools attended.

Personal information does not include:
   • Publicly available information from government records.
   • De-identified or aggregated consumer information.
   • Information excluded from the scope of California’s privacy laws, like:
      o personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:
   • Directly from you. For example, from forms you complete or products and services that you purchase from us.
   • Directly and indirectly from you when using our Services or visiting our Website. For example, usage details collected automatically in the course of your interaction with our platform or Website.

We do not collect information that enables us to determine your actual identity before, during or after your visit to our Website, other than information that you voluntarily provide us (e.g. by submitting information through our “Contact Us” form.) We may, however, automatically receive and store certain other information, such as the name of the domain you used to access the Internet and general geographic location, as well as your computer’s Internet Protocol (IP) address and browser. We also may collect information about your device identifier, Website pages that you visit, the time and date of your visit, the time spent on those pages, the website you came from and visit next, and other diagnostic data. We may collect this information through the use of cookies. We use this information to evaluate the performance of the Website, to provide meaningful and relevant content to our visitors, and to audit it for security purposes. We collect this information using cookies. You can learn more about opting out of cookies below.

We also collect information from you when you voluntarily provide it to us online, such as when you submit feedback via email. We also collect any information you provide to us in response to our survey, resource download or registration forms.

We also collect information from you when you log into your account through the Website. We collect your username and password, along with any additional information you provide to us while you are logged in.

We may use third party services, such as Google Analytics or a comparable service, to help us evaluate the performance of our Website and to give us information about how online visitors use and interact with our websites. These services use cookies to collect authentication details, online identifiers, cookie identifiers, IP addresses, browsing history, device identifiers, activity log files and user names.

Our Website may provide information relating to updates to the Services available to its users, and may contains links to other websites, including our partner pages or industry news publications, that are controlled by third parties and provide access to third-party information and services. These links are provided to you as a convenience, and we are not responsible for the content, action or performance of any linked website. Please be aware that other websites have their own privacy policies, and their data gathering practices may be different from ours. We are not responsible for the information collected by other websites if you link to them from our website. We cannot guarantee how those sites use cookies or whether they place cookies on your computer that may identify you. You should carefully review the privacy policies of each website you visit to understand how it collects and uses information.

Cookies are small text files placed on a user’s computer or smartphone, and are commonly used to collect personal data. Cookies are sent to your browser from a website and stored on your device. The cookie does not contain your name, address, phone number, email address, or anything that enables us to determine your actual identity. Instead, we use cookies to collect information such as a computer’s IP address, the type of the computer’s operating system, the type of internet browser software, what web pages were viewed and at what time.

Our Website uses session cookies.
   • Session cookies are temporary cookie files. Session cookies help our website keep track of your movement from page to page so that you are recognized within the website, and any information that you have entered is remembered. Session cookies are erased when you close your browser.
   • Persistent cookies help our website remember you when you visit in the future. The result is faster and more convenient access for you. Things that our cookies remember about you are, for instance, language selection for our website and your other preferences. Persistent cookies stay in your browser’s subfolders until they are deleted.

You may instruct your browser to refuse all cookies or to indicate when a cookie is being sent. In some cases, refusing cookies may affect the availability or functionality of the certain web features available to you on our Website.

We may use or disclose the personal information we collect for one or more of the following business purposes:
   • To present our Website and Services to you, and to notify you about changes to our Website and the Services provided through it.
   • To fulfill or meet the reason for which the information is provided. For example, when you use the Services, subscribe to a newsletter, create an account, make a purchase or request information from us, we may ask for things like contact, billing, shipping and communication information, payment card or financial account data, and account ID or credentials in order to fulfil your request. Depending on the service or product that we are providing, we may also collect additional information such as location data and specific technical information about the user's development environment to enhance product functionality and better understand the needs of our customers.
   • To provide you with email alerts and other notices concerning our products or services, or events or news, that may be of interest to you.
   • 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, products and services, databases and other technology assets, and business.
   • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
   • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

If you do not agree with our use of personal information as provided in this California Privacy Notice you shall not use the Website or the Services.

We may disclose your personal information to a third party for a business purpose and for other reasons as permitted by law. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We disclose your personal information for a business purpose to the following categories of third parties:
   • Service providers.
   • To our partners when you access the documents, products or programs available on the Website.
   • To our partners that provide relevant industry goods and services for the purpose of enabling such providers to commercially solicit your firm regarding the project that is that subject of Your use of the Services through the Website.
   • To our affiliate entities for the purposes described in this Privacy Notice.
   • To a third party in the event of any contemplated or actual reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
   • To other persons or entities where you consent to the disclosure.

We may also disclose your personal information to comply with laws, legal processes and law enforcement to the following categories of third parties such as: government and law enforcement officials, regulators and others as we believe is necessary or appropriate to respond to claims and legal processes (including subpoenas and administrative summonses), to protect the property and rights of LAVA or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be illegal, unethical or legally actionable.

If you do not agree with our sharing of personal information as provided in this California Privacy Notice you shall not use the Website or the Services.

Most browsers can be set to send signals to third-party websites requesting them not to track the user’s activities. At this time, we do not respond to “Do Not Track” signals. Our third-party service providers and other third party-websites and online services may indeed track and collect information about your online activities over time while navigating to, from and on our online services and across those third party websites and online services, notwithstanding any “Do Not Track” signals we may receive.

Pursuant to California's "Shine The Light" law (California Statute § 1798.983), California residents are entitled to request, once a year and free of charge, certain information regarding what types of their personal information may be shared with third parties and, in some cases, affiliates, for those third parties' and affiliates' own direct marketing purposes. Under the law, a business is to either provide California customers certain information upon request or permit California customers to opt out of this type of sharing. You may request this information by contacting us at the email address or postal address or provided in the “Contact Us” section below, and indicate in the email subject line, "California Shine The Light Request." Please include your mailing address, state of residence and email address with your request.

Our Website and Services are not intended for children under the age of 13 nor do we knowingly collect personal information from children under the age of 13. No one under the age of 13 may provide personal information through the Website. If we learn we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at the email address or postal address provided in the “Contact Us” section below.

To protect your personal information from unauthorized access and use, we use security measures that comply with applicable law. These measures may include firewalls and encryption security protocols.

We reserve the right to amend this California Privacy Notice at our discretion and at any time. If we materially change this California Privacy Notice, we will post the updated notice on our Website and update the notice’s effective date. Your continued use of our Website and Services following the posting of changes constitutes your acceptance of such changes.

If you have any questions, concerns or complaints about this Privacy Notice, our privacy practices, or desire to exercise your privacy rights, you can write to us at:

LAVA BUILD, LLC
Attn: Privacy Office
5000 Birch Street, Suite 3000
Newport Beach, CA 92660
privacy@lavabuild.com