Your Privacy Is Important To Cappello Capital Corp. Cappello Capital Corp. knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our Privacy Policy. By visiting www.cappellocorp.com, you are accepting the practices described in this Privacy Policy. Your privacy is very important to us. We do not sell or rent your personal information to third parties for their marketing purposes. Please read this Privacy Policy to learn more about the ways in which we use and protect your personal information. As used throughout this Privacy Policy, the term “Cappello Capital” refers to Cappello Capital Corp. If you have additional questions, you may send an email to privacy@cappellocorp.com. This Privacy Policy describes the types of personal information we may collect about you, the purposes for which we use the information, the circumstances in which we may share the information, and the steps that we take to safeguard the information to protect your privacy. This Privacy Policy is effective as of August 1, 2004. The Sources of Information We receive and store any information you enter on our Web site or give us in any other way, such as forms and materials you submit to Cappello Capital during the course of your relationship with us. We may also collect information about your transactions and experiences with Cappello Capital relating to the products or services Cappello Capital provides. In addition, depending on the services you require, Cappello Capital may obtain additional information about you from reporting agencies. The Information We Have About You The typical information we collect about you would include: • Your name, address and other contact details; • Your Internet Protocol (IP) address; • Financial information, including investment experience and objectives and, in certain jurisdictions, representations required under applicable law or regulation concerning your financial resources; and • Your role/position/title and area of responsibility. Of course, you are not required to supply any of the personal information that we may request. However, failure to do so may result in our being unable to provide products or services to you. While we make every effort to ensure that all information we hold about you is accurate, complete and up to date, you can help us considerably in this regard by promptly notifying us if there are any changes to your personal information. Our Use of Your Personal Information We may use your personal information to: • Administer, operate, facilitate and manage your relationship with Cappello Capital. This may include sharing such information internally as well as disclosing it to third parties, as described in this Privacy Policy; • Contact you or, if applicable, your designated representative(s) by mail, telephone, electronic mail, facsimile, etc., in connection with your relationship and/or client account; • Provide you with information or advice concerning services offered by Cappello Capital; and • Facilitate our internal business operations and fulfill our legal and regulatory requirements. If your relationship with Cappello Capital ends, Cappello Capital will continue to treat your personal information, to the extent we retain it, as described in this Privacy Policy. Disclosures of Your Personal Information Within Cappello Capital In order to provide efficient and reliable services, and to improve product and service options available to you, Cappello Group, Inc., our corporate finance advisory affiliate, may be given, or given access to, your personal information. When so sharing your personal information, we adhere to applicable legal and industry standards regarding the protection of personal information. Disclosures of Your Personal Information to Third Parties Cappello Capital does not disclose your personal information to third parties, except as described in this Privacy Policy. Third party disclosures may include sharing such information with non-affiliated companies that perform support services to facilitate your transactions with Cappello Capital, including those that provide professional, legal, or accounting advice to Cappello Capital. Non-affiliated companies that assist Cappello Capital in providing services to you are required to maintain the confidentiality of such information to the extent they receive it, and to use your personal information only in the course of providing such services and only for the purposes that Cappello Capital dictates. We may also disclose your personal information to fulfill your instructions, to protect our rights and interests and those of our business partners, or pursuant to your express consent. Finally, under limited circumstances, your personal information may be disclosed to third parties as permitted by, or to comply with, applicable laws and regulations, for instance, when responding to a subpoena or similar legal process, to protect against fraud, and to otherwise cooperate with law enforcement or regulatory authorities, or with organizations such as exchanges and clearinghouses. Information Security: How We Protect Your Privacy Cappello Capital is committed to implementing standards of information security to protect the privacy and confidentiality of your personal information. We limit access to your personal information to authorized Cappello Capital employees or agents and, as described above in Disclosures of Your Personal Information to Third Parties, our service providers are held to standards of privacy. We also maintain physical, electronic, and procedural safeguards to protect the information against loss, misuse, damage or modification and unauthorized access or disclosure. Privacy and The Internet The following additional information will be of interest to you if you access Cappello Capital products or services through one or more Cappello Capital Web sites: • Security is a cooperative effort between Cappello Capital and the users of the Cappello Capital Web sites. [Please remember that your password and PIN are personal to you and should not be made available to any other person.] Also, you should discontinue their use and notify us if you have any reason to suspect that someone else may be using them. • “Cookies” are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and to provide features. This information is used for administrative purposes and to improve your experience with our Web sites. Cookies also make it easier for you to navigate the Cappello Capital Web site. You can set your Web browser to inform you when cookies are set, or to prevent cookies from being set. However, if you decline to use cookies, you may experience reduced functionality, and declining to use authentication related cookies will prevent you from using the Web site altogether. • “Clickstream” or similar data (e.g., information regarding which of our Web pages you access, the frequency of such access, and your product and service preferences) may be collected and shared internally within Cappello Capital in order to assess the usage, value and performance of our online products and services. • Cappello Capital’s database tracks the traffic throughout our site. This information is used to compile overall statistics and is not recorded at an individual level. The statistics help us decide which products and services serve our clients and guests. Other Privacy Policies or Statements; Changes to Policy This Privacy Policy provides a general statement of the ways in which Cappello Capital protects your personal information. You may, however, in connection with specific products or services offered by Cappello Capital, be provided with privacy policies or statements that supplement this Privacy Policy. This Privacy Policy may be changed from time to time to reflect changes in our practices concerning the collection and use of personal information. The revised Privacy Policy will be effective immediately upon posting to our Web site. You are entitled to access any personal data about you held by Cappello Capital by sending a written request to the applicable individual identified below. You may be required to supply a valid means of identification as a security precaution to assist us in preventing the unauthorized disclosure of your personal information. We will process your request within the time provided by applicable law. You are also entitled to have Cappello Capital modify or delete any information that you believe is incorrect or out of date. Cappello Capital may occasionally contact you by mail, telephone, electronic mail, facsimile, etc., with details of products and services that we believe may be of interest to you. If you do not wish to be contacted in this way, if you wish to exercise your rights of correction and access, or if you require further information regarding our privacy policies and practices, please contact: Cappello Capital Corp. 100 Wilshire Boulevard Suite 1200 Santa Monica, CA 90401 Attention: Monica Villagrana