Privacy Policy

Last Updated: September 10, 2026

SWH a JV and its affiliates and subsidiaries “us,” “our” or “we”) value your privacy. This website privacy policy (the “Privacy Policy”) describes how we collect, store, use, disclose, and otherwise process the Personal Information (as defined below) described in this Privacy Policy and the rights and choices individuals have regarding such Personal Information. We are primarily a business-to-business entity providing industrial products and services to business customers in the construction sector.

By using our Services (as defined below), you agree that your Personal Information will be handled as described in this Privacy Policy. Your use of our Services and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including their applicable terms governing limitation of damages. We periodically update our Privacy Policy, so please check back here for the latest version.

Table of Contents

Scope of This Privacy Policy

Personal Information We Collect

How We May Use Personal Information

How We May Disclose Personal Information

Cookies and Other Tracking Mechanisms

Additional Policies for Residents of Certain States

Children’s Information

Retention

Security

Changes to the Privacy Policy

Questions and Contact Information

1. Scope of This Privacy Policy

Except as otherwise described below, this Privacy Policy applies to the Personal Information we collect and process related to visitors of our websites where this Privacy Policy is posted (the “Sites”); individuals who download and use any content we make available through the Sites; current, former, and prospective business customers, agents, vendors, and business partners who interact with us; and individuals who communicate or otherwise interact or engage with us or the products or services available through the Sites (collectively referred to as the “Services”).

Depending on how you interact or engage with us, we may provide you with supplemental privacy notices with additional details about our privacy practices. For example, this Privacy Policy does not apply to job applicants and candidates who apply for employment with us or to employees in the context of our working relationship with them. To the extent we provide you with different or additional privacy notices, those additional notices shall govern such data collection and use.

2. Personal Information We Collect

As further described below, we collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you (“Personal Information”). We may collect Personal Information directly from you, automatically through your use of the Services, and from other, third-party sources. To the extent permitted by applicable laws, we may combine the information we collect from publicly available or third-party sources.

2.1 Personal Information We Collect Directly From You

While the Personal Information we collect varies depending upon your use of our Services and our interactions with you, in general, we may collect the following Personal Information directly from you:

• Contact Information and Other Identifiers. When you contact us, including if you sign up to learn more about our Services, fill out our web forms, or otherwise communicate with us, we may collect your name, phone number, address, email address, the nature of your inquiry, and any other information you choose to provide.
• Business Development Information. To assess and pursue potential business opportunities, we may collect and receive Personal Information about current, former, and prospective business customers, agents, vendors, and business partners, including name, company information, contact details, and communications records.

2.2 Personal Information We Collect Automatically

We and our service providers may automatically collect Personal Information related to your use of the Services through cookies, pixel tags, and other similar technologies. The Personal Information we may automatically collect when you visit our Sites or interact with our Services may include:

• Device and Browsing Information. We may collect your IP address, browser type, domain names, access times, date/time stamps, operating system, language, device type, unique ID, hardware, mobile network information, Internet service provider, referring and exiting URLs, clickstream data, and similar device and browsing information.

For more information about our use of cookies and other similar technologies, please see “Cookies and Other Tracking Mechanisms” below.

2.3 Personal Information We Collect from Other Sources

In addition, we may collect and receive Personal Information about you from data analytics providers, Internet service providers, operating systems and platforms.

3. How We May Use Personal Information

We may use the Personal Information we collect or receive about you for the following purposes:

• to provide and operate our Services, communicate with you about your use of the Services, respond to your inquiries, provide troubleshooting and technical support, and to otherwise run our day-to-day operations.
• to provide you with information or Services that you have requested or agreed to receive;
• to conduct research and for analytical purposes, such as to evaluate and improve our Services or their functionality, to customize your experience within our Services, or to serve you specific content that is relevant to you;
• to contact you with regard to your use of the Services and, in our discretion, changes to the Services and/or Services’ policies;
• to better understand how users’ access and use the Services and for internal business purposes;
• to develop Services, provide support and improve the security of our Site and Services;
• to investigate, respond to, and resolve reported complaints and security issues;
• to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding, to respond to a subpoena, warrant, court order, or other legal process, or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority;
• to protect the Services and our business operations, to protect our rights or those of our stakeholders, to prevent and detect fraud, unauthorized activities and access, and other misuse and where we believe necessary to investigate, prevent or take action regarding illegal activities, situations involving potential threats to the safety or legal rights of any person or third party, or to investigate violations of our Terms of Use or this Privacy Policy; and
• for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

4. How We May Disclose Personal Information

We may disclose the Personal Information we collect for the purposes described above and as follows:

• Affiliates, Subsidiaries, and Business Partners. We may disclose the Personal Information we collect to our corporate affiliates and subsidiaries. We also partners with other businesses to offer our products and Services, and we may disclose Personal Information to those business partners.
• Vendors and Services Providers. We may disclose the Personal Information we collect to vendors and service providers who perform functions on our behalf, such as customer support, data storage, data analytics providers, auditors, consultants and legal counsel.
• Analytics Providers. We may also disclose your Personal Information, such as device and browsing, and activities and usage information, to data analytics providers, and other companies who provide analytics services on our behalf. For more information, see the “Cookies and Other Tracking Mechanisms” section below.

We may also disclose your Personal Information in the following circumstances:

• Operate Our Business. To our business partners, affiliates and subsidiaries, and vendors and service providers in order to operate our business, provide our Services, and otherwise run our day-to-day operations, we may disclose Personal Information.
• In Support of Business Transfers. If we or our affiliates are or may be acquired by, merged with, or invested in by another company, or if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may disclose or transfer the Personal Information we have collected from you with or to the other company. We may also disclose certain Personal Information as necessary prior to the completion of such a transaction or other corporate transaction such as a financing or restructuring, to lenders, auditors, and third-party advisors, including attorneys and consultants.
• Security and Protection of Rights. Where we believe it is necessary to protect the Services, our rights and property, or the rights, property, and safety of others, we may disclose Personal Information to (i) prevent, detect, investigate, and respond to fraud, unauthorized activities and access, illegal activities, and misuse of the Services, (ii) situations involving potential threats to the health, safety, or legal rights of any person or third party, or (iii) enforce, detect, investigate, and take action in response to violations of our Terms of Use. We may also disclose Personal Information related to litigation and other legal claims or proceedings in which we are involved, as well as for our internal accounting, auditing, compliance, recordkeeping, and legal functions.
• Legal Obligations. To comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, regulatory investigations, subpoenas, or court orders), we may also share Personal Information to establish or protect our legal rights, property, or safety, or the rights, property, or safety of others.
• Aggregated and Deidentified Information. Notwithstanding anything else in this Privacy Policy, we may use, disclose, and otherwise process aggregate and deidentified information related to our business and the Services with third parties for quality control, analytics, research, development, and other purposes.
• Other Disclosures. We may disclose Personal Information in other ways not described above that we notify you of or that we obtain your consent for, as required by applicable laws.

5. Cookies and Other Tracking Mechanisms

We use cookies, pixel tags, web beacons, imbedded scripts, and other similar tracking mechanisms to automatically collect information about browsing activity, type of device, and similar information within our Services (collectively, “Tracking Technologies”). We use this information to, for example, analyze and understand how you access, use, and interact with our Services, to identify and resolve bugs and errors in our Services, to assess, secure, protect, optimize, and improve the performance of our Services, as well as for marketing and advertising purposes, analytics purposes, and to personalize content in our Services. We may also aggregate such information to analyze trends, administer our Services, and gather broad demographic information for aggregate uses.

5.1 Cookies

“Cookies” contain information that we or our service providers transfer to your device through a web browser for tracking, performance, or functionality purposes. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process, support the security and performance of the Services, or allow us to track activity and usage data within the Services.

To prevent cookies from tracking your activity on our Site or visits across multiple sites, you can set your browser to block certain cookies or notify you when a cookie is set; you can also delete cookies. The “Help” portion of the toolbar on most browsers will tell you how to prevent your device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to delete cookies. Visitors to our Sites who disable cookies will be able to browse the Site, but some features may not function.

5.2 Pixel Tags

Pixel tags (sometimes called web beacons or clear GIFs) are tiny graphics with a unique identifier, similar in function to cookies. While cookies are stored locally on your device, pixel tags are embedded invisibly within web pages and online content. We may use these pixel tags in connection with our Services to, among other things, track the activities of users and help us manage content and compile usage statistics. We may also use these in our emails to let us know when they have been opened or forwarded so we can track response rates and gauge the effectiveness of our communications.

5.3 Third-Party Analytics

We use third-party tools, such as Google Analytics, which are operated by third-party companies to evaluate usage of our Site and Services.

These third-party analytics companies use cookies, pixels, and other Tracking Technologies to collect usage data about our Services to provide us with reports and metrics that help us evaluate usage of our Services, improve our Site, and enhance performance and user experiences. To learn more about Google’s privacy practices, please review the Google Privacy Policy. You can also download the Google Analytics Opt-out Browser Add-on to prevent your data from being used by Google Analytics.

6. Additional Policies for Residents of Certain States

Certain states have adopted privacy laws giving their residents certain rights with respect to the Personal Information we collect and process. As of July 1, 2026, comprehensive privacy laws are in effect in California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Jersey, New Hampshire, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia, with additional states enacting similar legislation. These laws afford residents of those states the rights with respect to their Personal Information set forth in this section.

6.1 Privacy Rights

Subject to certain exceptions, you have the following rights with respect to your Personal Information:

• To request that we disclose what Personal Information it has collected, used, or disclosed over the 12-month period preceding our receipt of such a request;
• To request that we disclose whether any of your information was sold or shared with third parties, to whom such information was sold or shared, and the business purpose for selling or sharing the information;
• To request that any inaccurate or incomplete Personal Information maintained by us be corrected or supplemented; and
• To request deletion of your Personal Information maintained by us.
• To request that we not sell or share your Personal Information with third parties. Although we do not currently sell Personal Information, you have the right to opt out of any future sale or sharing of your Personal Information by submitting a request as described in Section 6.3 below.
• To request that we limit our use and disclosure of your sensitive Personal Information to only those purposes necessary to perform the Services or as otherwise permitted by law.
• To opt out of any use of automated decision-making technology, including profiling, in connection with decisions that produce legal or similarly significant effects concerning you. Please note, however, that we do not employ automated decision making using your Personal Information.
• Colorado, Connecticut, Virginia, Oregon, Delaware, and certain other states require that companies disclose a process for consumers to appeal a denial of a privacy rights request. If you choose to appeal a denial, you may contact us as provided in Section 6.3 below.

All of these rights are subject to certain conditions and exemptions. For example, we will not be obligated to delete your Personal Information if we need to retain it to protect ourselves in the event of a legal claim.

6.2 Sale and Sharing of Personal Information

Except as explicitly described in this Privacy Policy, we do not sell or share your Personal Information with others.

6.3 Exercising your Rights

If you would like to exercise any of these rights, please contact us:

SWH a JV
2800 Harbor Bay Parkway
Alameda CA 94502
Phone: 510.748.1870
Email: info@swhhsr.com

For all requests submitted via mail, please clearly state that the request is related to your “Privacy Rights” and provide your name, mailing address, and phone number where you may be reached.

Verification. Before we can respond to your request, we must first verify your identity using the Personal Information you recently provided us. We will take steps to verify your request by matching the information provided by you with the information we have in our records. In some cases, we may request additional information in order to verify your identity, or where necessary to process your request. If we are unable to verify your identity after a good faith attempt, we may deny the request and, if so, will explain the basis for the denial.

Authorized Agent. You may designate someone to submit requests and act on your behalf. Authorized agents will be required to provide proof of their authorization in their first communication with us, and we may also require that the relevant consumer directly verifies their identity and the authority of the authorized agent.

7. Children’s Information

We offer Services to businesses for the manufacture, lease, or purchase of railcars, and it is not intended for use by minors, including children under the age of 16. We do not knowingly collect Personal Information from children under the age of 16. If you are a child under 16 years of age, you are not permitted to use our Site and you should exit this Site immediately. In the event that we become aware that we have collected Personal Information from any child, we will dispose of that information. If you are a parent or guardian and you believe that your child under the age of 16 has provided us with Personal Information, please contact us as described below.

8. Retention

We retain your Personal Information for as long as needed, or permitted, based on the reason we obtained it (consistent with applicable law). When deciding how long to keep your Personal Information, we consider whether we are subject to any legal obligations (e.g., any laws that require us to keep records for a certain period of time before we can delete them) or whether we have taken any legal positions (e.g., issued any legal holds or otherwise need to preserve the information).

9. Security

We have implemented commercially reasonable safeguards that are intended to protect the Personal Information that we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.

10. Changes to the Privacy Policy

We may add to, update, delete from or modify our Privacy Policy at any time at our sole discretion and in any event not less often than annually. If we make changes to this Privacy Policy that materially change how we handle your Personal Information, we may post or display notices of changes on our Site, in accordance with applicable laws. Once posted, these changes to the Privacy Policy are effective immediately.

If any change that we make is not acceptable to you, you should stop using our Site or Services. If you continue to use our Services, doing so is your agreement to be bound by those changes. You should check back regularly and review this Privacy Policy so that you are aware of the most current rights and obligations that apply to your agreement with us.

11. Questions and Contact Information

If you have questions about this Privacy Policy, you may contact:

SWH a JV
 Attn: Legal Department
 2800 Harbor Bay Parkway
 Alameda CA 94502

If you reach out to us with questions or comments about the Services, this Privacy Policy, or our Terms of Use, we will share your messages with those within our organization who are most capable of addressing the issues contained in your message. We will keep a copy of your message until we have had an opportunity to address your concerns. We may archive your message for a certain period of time or discard it.