Please read these Terms of Use (“Terms”) carefully before using this site.

Welcome to this website provided by Hyzon Motors Inc. and its affiliates (“Hyzon,” “we,” “us”). These Terms apply to the following websites (including any subdomains): hyzonmotors.com (the applicable website to be referred to as this “Site”). IF YOU DO NOT AGREE TO THESE TERMS OR ARE NOT OF LEGAL AGE, PLEASE DO NOT USE THIS WEBSITE.

Privacy and Cookies

Your privacy is important to us. Please read and familiarize yourself with our Privacy Policy, which is incorporated by reference into these Terms. We utilize cookies on our Site and invite you to review our Cookie Policy, which is incorporated by reference into these Terms, for more information on our use of cookies and your options, please see our Cookie Policy.

Use of Site

You may view, download, print and use the content contained on this Site solely for your own personal use provided that (1) the content is used for non-commercial purposes, or if for commercial purposes, we have agreed in writing; (2) the content is not modified in any way; (3) you keep intact Hyzon and other proprietary notices; and (4) no graphics available from the Site are used, copied or distributed separately from accompanying text. You may not, distribute, modify, transmit, reuse, report or use the contents of our Site for public or commercial purposes without the prior written consent of Hyzon.

You agree that you will not use this Site to: (1) transmit spam, bulk, or unsolicited communications; (2) pretend to be or misrepresent Hyzon; (3) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via this Site; or (4) disrupt the normal flow or otherwise act in a manner that negatively affects other users’ ability to use this Site. Hyzon reserves the right to report any wrongdoing to applicable government agencies. You also agree that you will not use any robot, spider, or other automatic device to monitor or copy this Site or its contents without the prior written consent of Hyzon.

We reserve the right to suspend or terminate your access to this Site upon a violation, or attempted violation (determined in our sole discretion) of these Terms. If you become dissatisfied with this Site or with these Terms or any notices, policies or practices of Hyzon in operating this Site, your sole remedy is to discontinue using this Site.

Non-Confidentiality of Submitted Information

You should not transmit any information through this Site that you consider confidential or proprietary. It is Hyzon’s policy not to accept any unsolicited concepts, ideas, know-how or suggestions regarding our products or services. Any information that you do transmit through this Site (including concepts, ideas, know-how or suggestions) will be considered non-confidential and non-proprietary and Hyzon shall have no obligation of any kind with respect to such information and shall have the unrestricted right to reproduce, incorporate, disclose, distribute and otherwise use such information without limitation and for any purpose.

Intellectual Property (including Trademarks and Copyright)

Copyright © Hyzon Motors Inc. All Rights Reserved. The text, images, graphics, sound files, animation files, video files and their arrangement on this Site are all subject to copyright and other intellectual property protection. Unless expressly permitted by Hyzon in writing, these objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted. Unauthorized use of any of the materials on this Site may violate copyright, trademark and other laws. Some websites also contain images that are subject to the copyrights of their providers.

The trademarks, logos, and service marks displayed on this Site are either owned by Hyzon or used with the permission of a third party. They are protected by the laws of the United States of America as well as by law trademark laws of foreign countries. You agree not to use any trademark, logo or service mark depicted on this Site without the express written consent of Hyzon.

Unless explicitly stated in these Terms, nothing in these Terms shall be construed as conferring to you any license to any Hyzon or third-party intellectual property rights, whether by estoppel, implication, or otherwise.

Third-Party Websites and Content

This Site may have links to third-party websites solely for your convenience. When you link to another website, be advised that you are no longer on our Site and that you become subject to the terms and conditions and the privacy policy of the new website. We have no control over the content of any third-party website and are not responsible for the availability or content of any third-party website, nor does Hyzon, unless specifically stated otherwise, endorse, warrant or guarantee the products, services or information posted or offered on any third-party website.

Additionally, reference to any third-party product, process, publication, service, trademark or the like on our Site does not necessarily constitute or imply, and should not be construed as, an endorsement or recommendation by Hyzon. While we may monitor chat groups, discussion groups or bulletin boards that may be associated with this Site, we have no control over, and take no responsibility and assume no liability for, the content of those chat groups, discussion groups or bulletin boards or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity that might be encountered on them.

For further information about your rights regarding Hyzon’s social media pages, please see our Social Media Privacy Policy.

International Scope and Disclaimer

This Site may be accessed by users internationally and may contain references to Hyzon products, programs and services that are not available or that are prohibited in your country or jurisdiction. Such references do not imply that Hyzon intends to make these products, programs and services available in your country or jurisdiction or that such products, programs and services may be lawfully used there. If you choose to access this Site from outside the United States, you are responsible for compliance with all applicable local laws.

Forward-Looking Statements

This Site may include "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. All statements, other than statements of present or historical fact included in this Site, are forward-looking statements. When used in this Site, the words "could," "should," "will," "may," "believe," "anticipate," "intend," "estimate," "expect," "project," the negative of such terms and other similar expressions are intended to identify forward-looking statements, although not all forward-looking statements contain such identifying words. These forward-looking statements, including statements about our business outlook, are based on management's current expectations and assumptions about future events and are based on currently available information as to the outcome and timing of future events. Except as otherwise required by applicable law, Hyzon disclaims any duty to update any forward-looking statements, all of which are expressly qualified by the statements in this section. We caution you that these forward-looking statements are subject to numerous risks and uncertainties, most of which are difficult to predict and many of which are beyond the control of Hyzon, including risks and uncertainties described in our filings with the U.S. Securities and Exchange Commission. These filings identify and address other important risks and uncertainties that could cause actual events and results to differ materially from those contained in the forward-looking statements. Hyzon gives no assurance that it will achieve its expectations. Please see Hyzon’s latest press releases for more information about Forward-Looking Statements and citations to our specific SEC filings, which may be found on the Investor Relations section of our website.

No Warranties

HYZON PROVIDES THIS SITE, AND ALL CONTENT AND MATERIALS ON THIS SITE “AS-IS” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. WHILE THE INFORMATION PROVIDED IS BELIEVED TO BE ACCURATE, IT MAY INCLUDE ERRORS OR INACCURACIES. HYZON’S OBLIGATIONS WITH RESPECT TO ITS PRODUCTS AND SERVICES ARE GOVERNED SOLELY BY AN AGREEMENT UNDER WHICH SUCH PRODUCTS AND SERVICES ARE PROVIDED. NOTHING ON THIS SITE SHOULD BE CONSTRUED TO CREATE OR MODIFY ANY SUCH AGREEMENTS. HYZON MAKES NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. HYZON RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION ON THIS SITE IS INACCURATE, AT ANY TIME WITHOUT PRIOR NOTICE. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES AND COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL HYZON BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES OR LOSSES OF ANY KIND RELATING TO THESE TERMS OR THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, CLAIMS ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY), INTELLECTUAL PROPERTY INFRINGEMENT OR ANY OTHER THEORY OF LIABILITY. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity and Hold Harmless

By using this Site you agree that you will defend, indemnify and hold harmless Hyzon and its subsidiaries and affiliates, their respective distributors, dealers, dealer associations and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of this Site, your breach or alleged breach of these Terms, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. Hyzon reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with Hyzon’s defense of such claim.

Prices

All prices specified are recommended retail prices. Prices are current at the time of publication and subject to change without notice.

Choice of Law; Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, excluding conflicts of law rules which would apply the law of a different jurisdiction. Any legal action, suit, or proceeding with respect to these Terms shall be brought exclusively in federal court in Chicago, Illinois and both you and Hyzon hereby consent to the jurisdiction of said court for all matters that arise under these Terms.

Miscellaneous

We may change these Terms and any referenced policies at any time and for any reason, with or without notice and any such modifications and changes shall be effective immediately upon posting. By using this Site, you agree to the Terms in effect at the time of your Site visit. If any provision of these Terms is held invalid or inoperative, the other provisions of these Terms shall be deemed valid and operative. Any delay or failure to require performance of any provision in these Terms shall in no manner affect any right at a later time to enforce such provision. These Terms and any policies or documents referenced herein, current as of the date listed above, comprise the complete and final agreement between you and Hyzon regarding the use of this Site. All prior agreements, representations, terms or conditions regarding the use of this Site are canceled and superseded by these current Terms.

INTRODUCTION

We respect your privacy and are committed to protecting it through our compliance with this policy.

The information you share with us allows us to provide the products and services you need and want while giving you the best experience. Hyzon is not in the business of selling or renting personal information, does not intend to sell or rent personal information, and has not in the past 12 months sold or rented any of your personal information.

Our Policy outlines:

• How and why we collect your personal information;

• How your personal information is used and protected;

• When and with whom we share your personal information; and

• What choices you can make about how we collect, use, and share your personal information.

This Policy applies to Hyzon Motors Inc. and any of its affiliate companies (“Hyzon,” “we,” or “us”) and any of the websites operated by Hyzon (including hyzonmotors.com and any of its subdomains) unless such company or website has adopted a separate privacy policy.

WHAT DOES THIS PRIVACY POLICY INCLUDE?

This Policy covers how and why we collect, use, share, and protect your personal information:

• On our websites and mobile services where this Policy is posted;

• In email, text, and other electronic messages between you and our websites;

• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy;

• Through mobile and desktop applications you download from our websites, which provide non-browser-based interaction between you and our websites; and

• Submitted by you to us through any communications (electronic or otherwise, including by mail or phone) regarding our products or services, such as rebate programs or warranty claim submissions.

Personal information is information that identifies you or reasonably can be linked to information that identifies you.

WHAT TYPE OF INFORMATION DO WE COLLECT AND HOW DO WE COLLECT IT?

We collect two types of information: (1) information we receive from you and (2) information we receive from others. Information we receive from you includes information you share with us, such as when you submit a “Contact Us” or “Subscribe” request through our websites. This also includes information you provide us through technology, such as through a cookie placed on your computer when you visit our websites. We also receive information from other sources to help us supplement our records, improve the personalization of our service to you, and detect fraud. Our goal is to limit the information we collect to the information needed to support our business.

We collect information to deliver the products and services you request and to help improve your overall experience with Hyzon and our various products and services. We collect information from you in a variety of ways when you interact with our websites and mobile services, and when you submit personal information to us when we interact with you during our promotions or at trade shows.

Information You Provide to Us

You share information with us in various ways at trade shows, promotional events or on our websites. For example, you share information when you:

• Make an online purchase or other transaction with us or through third-party vendors acting on our behalf;

• Request customer service or contact us (through our websites or otherwise);

• Subscribe to receive our marketing communications;

• Participate in our programs, such as product warranty registration;

• Post a review or comment on our social media pages, or post a rating, review or other user-generated content on one of our websites or mobile services;

• Participate in a rebate, contest, sweepstake, promotion, or survey;

• Create an account on one of our websites or mobile services; or

• Use features of our websites and mobile services that may ask you to grant us access to the camera or microphone on your computer or mobile device (such as voice search).

• When you engage in these activities, you may share different types of personal information with us, such as your name, email address, physical or postal address, phone number, or date of birth. When you contact us by phone, your call may be monitored or recorded and you are notified of such at the time of your call.

You also may provide information to be published or displayed on public areas of our websites or social media pages or transmitted to other users of our websites or third parties. Your user contributions are posted on and transmitted to others at your own risk. Although we may limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of our websites with whom you may choose to share your user contributions. Therefore, we cannot and do not guarantee that your user contributions will not be viewed by unauthorized persons.

Contact Us/Subscribe

Our Site contains a “Contact Us” feature which requires you to provide your name, email address and phone number, along with providing us with a short message or other information you wish to share. The data submitted via “Contact Us” is collected and stored on our website builder service (i.e., Squarespace), uploaded to a third-party cloud-based spreadsheet that is operated and controlled by Hyzon, emailed to a dedicated Hyzon inquiries email, and then forwarded to the appropriate representatives within Hyzon to process and address your consent. This information may be shared with a third-party in order to address your concern or to determine Hyzon’s legal obligations. Please never submit any sensitive personal information (i.e., social security numbers, credit card numbers, personal health information, or similar information) via a “Contact Us” request.

Our Site also contains a “Subscribe” feature which allows you to provide your name and email address to opt in to receive our news and events, which may include marketing communications. This information is securely passed via API to our third-party newsletter email service provider. We use a third-party provider to email communications regarding our news, events and marketing. The information is stored on our third-party provider’s cloud-based application and is operated and controlled by Hyzon. By clicking “Subscribe” you consent to receiving our communications. You may opt-out at any time by clicking on the “unsubscribe” link contained at the bottom of all email communications sent by our third-party provider.

Information We Collect Through Automatic Data Collection Technologies

You also provide us information in other ways through technology. Some of this information may be linked to you personally. This information helps our websites and mobile services work correctly and supports our customer marketing and analytics efforts – our work to understand our customers’ needs and provide information about our products and services. Below are a few examples:

• Device Information: We collect technical information when you visit our websites or use our mobile applications or services. This includes information such as Internet Protocol (IP) address, the type of mobile device you use, your device operating system and browser type, a unique device identifier, the address of referring websites, the path you take through our websites, and other information about your session on our websites.

• Browsing Information: We use our own and third-party technologies such as cookies, web beacons, and mobile device identifiers to collect information about the use of our websites and mobile services. We use these tools to provide an integrated and more personalized experience for you. For example: cookies enable us to provide you relevant information as you use or return to our sites; web beacons allow us to know if a certain page was visited, an email was opened, or if ad banners on our websites and other sites were effective. Please see our Cookie Policy for more information and your options.

HOW DO WE USE YOUR INFORMATION?

We use information that we collect about you or that you provide to us, including any personal information to provide you products and services, such as to fulfill your requests for products or to help us personalize our offerings to you. We also use personal information to support our business functions, such as fraud prevention, marketing, and legal functions. Some examples include:

• To present our websites and their contents to you;

• To provide you with information, products, or services that you request from us;

• To administer contests, sweepstakes, promotions, rebates, and surveys;

• To provide customer services and alert you to product information, including recalls;

• To help us personalize our service offerings, websites, mobile services, and advertising;

• To send you information about our products, services, and promotions;

• To respond to reviews, comments, or other feedback you provide us;

• To protect the security and integrity of our websites, mobile services, and our business;

• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;

• In any other way we may describe when you provide the information; and

• For any other purpose with your consent.

HOW DO WE SHARE YOUR PERSONAL INFORMATION?

As mentioned above, Hyzon is not in the business of selling or renting your personal information. Accordingly, we will not sell or rent your personal information, except in the event all or a part of our business is merged, sold or reorganized. We may share your personal information in limited circumstances, such as to conduct our business, for other companies to offer you and administer your use of co-branded products or services, when legally required, or with your consent.

We will not share your personal information outside of our corporate family of companies (companies owned or controlled by, or under common ownership with, Hyzon Motors Inc.), except in the following circumstances:

Service Providers

We share personal information about you with contractors, service providers, and other third parties that help with our business activities. Some examples include newsletter email service providers, logistics providers, billing and refund vendors, payment card processors, IT providers that help us administer our systems and websites, temporary and agency workers that perform business functions for us, marketing vendors, and companies that help us improve our products and services. We require our service providers to keep your personal information secure. We do not allow our service providers to use or share your personal information for any purpose other than providing services on our behalf. Your personal information may be stored and processed by our service providers in the United States or other locations where the service providers maintain facilities.

Legal Requirements and Protection of Hyzon and Others

We may share your personal information in other special circumstances, which include situations when sharing is required by law, or we believe sharing will help protect the safety, property, or rights of Hyzon, our customers, our employees, or other persons. Examples include:

• Protecting the health or safety of our customers;

• Identifying and addressing fraud or financial risk;

• Sharing your information with outside counsel for legal advice regarding your product or warranty claim or other issue;

• Responding to a search warrant or other valid legal inquiry;

• Responding to an investigative body in the case of a breach of an agreement or violation of law.

Business Transfers

In the event that all or a part of our business is merged, sold, or reorganized (including transfers made as a part of insolvency or bankruptcy proceedings), personal information about you could be shared with the successor business. We will use reasonable measures to help ensure that any successor treats your information in accordance with this Policy.

With Your Consent

In any circumstance other than those described above, we will ask for your affirmative consent before we share your personal information outside of our corporate family of companies, and we also will not sell or rent your personal information.

WHAT ARE YOUR CHOICES?

We strive to provide you with choices regarding your personal information that we collect, use and share. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. Please refer to our Cookie Policy for more information on tracking technologies and advertising and your choices.

• Marketing Communications. If you do not wish to have your email address or contact information used by us to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or at any other time by clicking the “unsubscribe” button located at the bottom of all of our marketing emails. If you contact us, please be sure to include your full name, the types of communications you would like to receive or not receive, and your related contact information. Please allow sufficient time for your marketing preferences to be processed. Please note that while we will unsubscribe you from future marketing communications, we still may need to contact you regarding your transaction, such as to provide you with warranty or recall information, or for information regarding your transaction. Since we do not accept opt-out requests from third parties, please communicate your request directly to us through one of the mechanisms mentioned above.

• Interest-Based Advertising Preferences. We personalize your experience on our sites and mobile services by showing you advertisements that are tailored to your interests. We show you advertisements related to Hyzon products. We belong to ad networks that may use your browsing history across participating websites and mobile services to show you interest-based advertisements. You may also see ads for Hyzon’s products on participating websites and mobile services based on how you browse. We do not share personal information about you with companies that advertise on our websites without your consent. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (NAI) on NAI’s website: www.optout.networkadvertising.org.

• Mobile Location Settings. Some of our mobile services may use your device’s location information. You can adjust the location settings of your mobile device at any time to control whether your device communicates this information. You will also need to adjust your device’s Bluetooth settings to completely disable the collection of Bluetooth location-related data. See your device’s instructions to learn more about these settings. In addition, we may offer you controls on our use of mobile location information.

• Device Camera and Microphone. Some of the features on our websites and mobile services may require access to the camera or microphone on your computer or mobile device. You must give your permission before we access your device’s camera or microphone, and you can adjust the settings of your device at any time to control access to your camera or microphone.

HOW DO YOU ACCESS AND UPDATE YOUR PERSONAL INFORMATION?

You can access or update your personal information, including contact or account information, in the following ways:

• If you have created an account on one of our websites, log into your account. Once you do, you will be able to enter and update your own contact information and payment information (if applicable).

• Contact us through one of the ways listed in the “Who Can I Contact About the Privacy Policy?” section at the bottom of this Policy. Please include your current contact information, the information you are interested in accessing, and your requested changes. We will provide you the personal information requested if it is reasonably available, unless it infringes on the privacy of other individuals, and subject to reasonable limitations provided by law and internal procedures. Otherwise we will describe the types of information we typically collect. We will provide access and make the changes you request or will provide an explanation of what actions we will be able to take with regard to the request.

HOW DO WE SECURE YOUR PERSONAL INFORMATION?

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of our websites like message boards or on our social media pages. The information you share in public areas may be viewed by any user of our websites or social media platforms.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our websites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our websites.

HOW DOES HYZON PROTECT THE PRIVACY OF CHILDREN ONLINE?

Hyzon’s general audience websites and mobile services are not directed to children under the age of 16 and do not knowingly collect personal information from children under the age of 16. If you are under 16, do not use or provide any information on our websites and do not provide us with any information about yourself, including your name, address, telephone number, email address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us as directed under the “Who Can I Contact About the Privacy Policy” section below.

WHAT ARE YOUR CALIFORNIA PRIVACY RIGHTS?

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit our Privacy Notice for California Residents.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to the contact listed below under the “Who Can I Contact About the Privacy Policy?” section below.

WHAT ARE YOUR GDPR PRIVACY RIGHTS?

If you are a data subject of the European Union, as defined under the General Data Protection Regulation (Regulation (EU) 2016/679) of the European Parliament (“GDPR”), you may have additional rights regarding of use of your personal information and your access to and rights regarding your personal information. If you have any requests relating to such rights, please contact us with your request under the “Who Can I Contact About the Privacy Policy” section below, and we will address your concern.

WHO CAN I CONTACT ABOUT THE PRIVACY POLICY?

To ask questions or comments about this Policy and our privacy practices, please contact us at:

Hyzon Motors USA Inc.
599 S. Schmidt Road
Bolingbrook, Illinois 60440
Attn: Legal Department

Email: privacy@hyzonmotors.com

HOW WILL I KNOW IF THIS POLICY CHANGES?

The Policy may change from time to time. Please check our Privacy Policy periodically for changes. We will provide additional notice by emailing you at the email address that you provided of any material updates. We will post the date our Policy was last updated at the top of the Privacy Policy.

INTRODUCTION

This Privacy Notice for California Residents (“Notice”) supplements the information contained in Hyzon Motor’s general Privacy Policy (and any other policies that reference this Notice) and applies solely to those who reside in the State of California (“consumers” or “you”). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (CCPA), as amended, and any terms defined in the CCPA have the same meaning when used in this Notice.

We respect your privacy and are committed to protecting it through our compliance with this Notice. Hyzon is not in the business of selling or renting personal information, does not intend to sell or rent personal information, and has not in the past 12 months sold or rented any of your personal information.

This Notice applies to Hyzon Motors Inc., and any of its affiliate companies (“Hyzon,” “we,” or “us”) and any of the websites operated by Hyzon (including hyzonmotors.com and any of its subdomains) unless such company or website has adopted a separate privacy policy. With the passage of the California Privacy Rights Act (“CPRA”), there is an extension of the exemption for the application of certain provisions regarding employment-related personal information collected from California-based employees, job applicants, contractors or similar individuals (“Employee Exemption”) and personal information reflecting a written or verbal business-to-business communication (“B2B personal information”). Accordingly, this Notice only applies to the extent of the currently applicable provisions of the CCPA and your rights may be different if you fall under either of these exemptions. The CPRA will go into effect on January 1, 2023, and we will update this Notice accordingly.

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.

• Information excluded from the CCPA’s scope, like:

  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;

  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We collect or have collected the following categories of personal information from its consumers within the last twelve (12) months:

Category A: Identifiers.
Example: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
Collected: YES

Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Example: A name, signature, Social Security number, 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. Some personal information included in this category may overlap with other categories.
Collected: YES

Category C: Protected classification characteristics under California or federal law.
Example: 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).
Collected: NO

Category D: Commercial information.
Example: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Collected: YES

Category E: Biometric information.
Example: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Collected: NO

Category F: Commercial information.
Example: Internet or other similar network activity.
Collected: YES

Category G: Geolocation data.
Example: Physical location or movements.
Collected: YES

Category H: Sensory data.
Example: Audio, electronic, visual, thermal, olfactory, or similar information.
Collected: YES

Category I: Professional or employment-related information.
Example: Current or past job history or performance evaluations.
Collected: NO

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)).
Example: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Collected: NO

Category K: Inferences drawn from other personal information.
Example: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Collected: NO

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

• Directly from you. For example, when you submit a product claim, or submit a “contact us” request on our website.

• Indirectly from you. For example, from observing your actions on our websites.

For more information, please see Hyzon’s Privacy Policy in the section entitled, “What Type of Information Do We Collect and How Do We Collect It?”

USE OF PERSONAL INFORMATION

For information on how we use your personal information, please see Hyzon’s Privacy Policy in the section entitled, “How Do We Use Your Information?”

SHARING PERSONAL INFORMATION

We will not sell or rent your personal information, except in the event all or a part of our business is merged, sold or reorganized. Hyzon has not sold or rented any personal information in the past 12 months.

For more information on how we share your personal information, please see Hyzon’s Privacy Policy in the section entitled, “How Do We Share Your Personal Information?”

The following are categories of third parties with whom we may share your personal information for a business purpose:

• Service providers;

• Data aggregators;

• Advertisers;

• Affiliates;

• Partners;

• Parent of subsidiary organizations;

• Social media companies;

• Internet cookie data recipients, like Google Analytics.

DISCLOSURES OF PERSONAL INFORMATION FOR A BUSINESS PURPOSE

In the preceding 12 months, we have disclosed the following categories of personal information for a business purpose:

• Category A: Identifiers;

• Category B: California Customer Records personal information categories;

• Category D: Commercial information;

• Category F: Internet or other similar network activity;

• +Category G: Geolocation data;

• +Category H: Sensory data;

+These categories of personal information are only disclosed (if applicable) to provide further services to you, such as a mobile application that allows you to find a location nearest to you, or a voice-activated option on an application.

YOUR 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.

Please note that for employees and B2B personal information, the following rights are currently exempt from the CCPA and may not apply to you. You are welcome to contact us and we will use commercially reasonable efforts to address your concerns, but we cannot assure you of strict compliance with the rights and choices articulated below.

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 Access, Data Portability, and Deletion 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 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).

If we disclosed your personal information for a business purpose, we will identify the personal information categories that each category of recipient obtained.

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 Access, Data Portability, and Deletion 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 services 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.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by email directed to the following:

Hyzon Motors USA Inc.
599 S. Schmidt Road
Bolingbrook, Illinois 60440
Attn: Legal Department
Email: privacy@hyzonmotors.com

If you use any of our services that require you to form an account with us, you can access your information in the profile section of the website or mobile application.

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.

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; and

• 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 endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, 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 useable 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.

Personal Information Sales Opt-Out and Opt-In Rights

As mentioned above, Hyzon is not in the business of selling or renting personal information, does not intend to sell or rent personal information, and has not in the past 12 months sold or rented any of your personal information. Accordingly, we do not have a mechanism to opt out as we do not sell personal information.

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.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

HOW WILL I KNOW IF THIS NOTICE CHANGES?

The Notice may change from time to time. Please check our Notice periodically for changes. We will provide additional notice by emailing you at the email address that you provided of any material updates. We will post the date our Notice was last updated at the top of the Notice.

We, and our third-party partners, automatically collect certain types of usage information when you visit our Site, read our emails, or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including cookies, Flash objects, web beacons, pixel tags, file information and similar technology (collectively, “tracking technologies”).  For example, we collect information about your device and its software, such as your IP address, browser type, Internet provider, platform type, device type, operating system, date and time stamp, a unique ID that allows us to uniquely identify your browser, mobile device, and other such information. We also collect information about the way you use our Site, for example, the site from which you came and the site to which you are going when you leave our website, the pages you visit, the links you click, how frequently you access the Site, whether you open emails or click the links contained in emails, whether you access the Site from multiple devices, and other actions you take on the Site.

The specific cookies we employ to help us improve the level and quality of information to our visitors are:

Google® Analytics

This cookie is installed by Google Analytics. The cookie is used to store information of how visitors use our website and helps us to create an analytics report of how the website is performing. The data collected including the number visitors, the source where they have come from, and the pages visited in an anonymous form.

YouTube® embed tracking

This cookie is set by YouTube. It is used to track the information of the embedded YouTube videos on a website.

Visitor Queue®

This cookie is set by Visitor Queue to track the IP of website visitors and their anonymous behavior on the website.

“Google”, “YouTube”, and “Visitor Queue” are registered trademarks of their respective owners. When you access our Site from a mobile device, we may collect unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google Advertising ID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate a device’s location by analyzing other information, like an IP address.  We may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Site and to understand more about the demographics of our users. We may also work with third party partners to employ technologies, including the application of statistical modeling tools, which attempt to recognize you across multiple devices. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.

We use or may use the data collected through tracking technologies to:  (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including targeted content and advertising; (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our Site; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our service.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies.  Please note that doing so may negatively impact your experience using the Site, as some features and services on our Site may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies.  You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.

Hyzon maintains several pages or sites on various social media platforms, such as Facebook, Instagram, LinkedIn, and others, which may or may not be linked to our Site (to be referred to as “Social Media Page(s)”). Our Social Media Pages are communities where you can learn about our latest products, news, events, important updates and other information. We welcome you to participate in these communities to engage in meaningful conversations with us about our products, decarbonization efforts and other topics covered on our Social Media Pages. Unless originated from an official Hyzon account, please be advised the information on our Social Media Pages should not be viewed as official communication from Hyzon (either in posts or comments). While your participation is encouraged, we will not tolerate posts or comments that may offend another member of our community. Hyzon reserves the right, in its sole discretion, to remove any post that we deem offensive, including any posts or comments that refer to anything obscene, vulgar, sexually explicit, illegal, harmful, threatening, abusive, harassing, humiliating, defamatory, libelous, invasive of someone else’s privacy, or objectionable. We also may block any account for similar reasons, or for other reasons such as solicitations, flood posts, spam, or other reasons as provided in the rights and responsibilities applicable to such Social Media Pages. Keep in mind that our Social Media Pages are on third-party websites, are not fully controlled by Hyzon, and are subject to all the rules, terms and conditions of the provider for such Social Media Page. If you have any complaints regarding the content on our Social Media Pages, you may contact us at