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Privacy Policy

American Power Gen Co. and American Power Gen CF LLC

Effective Date: March 10, 2026

American Power Gen Co., a Delaware corporation (the "Company"), and American Power Gen CF LLC, a Delaware limited liability company (the "Crowdfunding SPV") (collectively, "APG," "we," "us," or "our"), respect your privacy and are committed to protecting your personal information.

This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit www.americanpowergen.com (the "Site"), review our Regulation Crowdfunding ("Reg CF") offering materials, or otherwise interact with us in connection with our offering conducted through DealMaker Securities LLC (the "Intermediary").

By using the Site or providing your information, you agree to the practices described in this Privacy Policy.

1. Relationship to the Regulation CF Offering Structure

Investments in our Reg CF offering are made through American Power Gen CF LLC (the "Crowdfunding SPV"), which invests in securities of American Power Gen Co. The offering is conducted through DealMaker Securities LLC, a registered broker-dealer and funding portal intermediary, and investor funds are held in escrow with Enterprise Bank & Trust (the "Escrow Agent").

DealMaker Transfer Agent LLC serves as transfer agent and registrar for the securities.

Each of these entities maintains its own privacy practices and policies. This Privacy Policy applies to information collected by APG directly. Information collected by the Intermediary, Escrow Agent, or transfer agent is governed by their respective privacy policies.

2. Scope of This Privacy Policy

This Privacy Policy applies to:

  • Visitors to our corporate website
  • Individuals who request information or subscribe to updates
  • Individuals who communicate with us
  • Investors in the Crowdfunding SPV

It does not apply to third-party platforms, including the Intermediary's investment portal, escrow services, payment processors, or other third-party service providers.

3. Information We Collect

3.1 Information You Provide Directly

We may collect:

  • Name
  • Email address
  • Phone number
  • Mailing address
  • Investment interest information
  • Communications and inquiries
  • Marketing preferences

3.2 Investment and Compliance Information

In connection with the Regulation CF offering, identity verification (KYC), anti-money laundering (AML) compliance, and securities law compliance are conducted primarily by the Intermediary.

We may receive from the Intermediary or related service providers:

  • Confirmation of identity verification status
  • Accreditation status (if applicable)
  • Investment amounts
  • Investor contact information
  • Subscription documentation

Sensitive personal information (such as Social Security numbers, government-issued identification numbers, or bank account information) is generally collected and processed by the Intermediary and/or its service providers. APG does not use sensitive personal information for profiling or marketing purposes.

3.3 Information Collected Automatically

When you visit our Site, we may automatically collect:

  • IP address
  • Browser and device information
  • Operating system
  • Pages visited and time spent
  • Referring URLs
  • Approximate geolocation derived from IP address

This information is collected via cookies and similar technologies.

4. How We Use Information

4.1 Operate the Offering and Investor Relations

  • Communicate regarding the Reg CF offering
  • Coordinate with the Crowdfunding SPV
  • Maintain investor records
  • Provide required disclosures and annual reports under Regulation CF
  • Administer bonus or promotional programs described in the Form C

We may also use investor information to prepare required filings, disclosures, and reports with the U.S. Securities and Exchange Commission or other regulatory authorities.

4.2 Regulatory and Legal Compliance

  • Comply with securities laws and Regulation CF
  • Maintain records required by federal and state securities regulations
  • Respond to lawful governmental requests
  • Enforce subscription agreements and governing documents

4.3 Marketing and Communications

  • Send offering updates
  • Send newsletters or future offering announcements (where permitted)
  • Administer promotional eligibility or bonus programs

You may opt out of marketing communications at any time.

4.4 Security and Fraud Prevention

  • Protect against fraud and unauthorized activity
  • Monitor website performance and integrity

Information provided through the Site, including communications with potential investors, is provided for informational purposes only and should not be considered financial, legal, tax, or investment advice. Investors should review the Form C and consult their own advisors before making any investment decision.

5. Legal Bases for Processing

Where applicable, we process personal information based on:

  • Performance of a contract (investment processing and investor relations)
  • Compliance with legal obligations (securities law, AML/KYC requirements)
  • Legitimate business interests (security, operations, reporting)
  • Consent (marketing communications and certain cookies)

6. How We Share Information

6.1 The Crowdfunding SPV and Company Affiliates

Information may be shared between American Power Gen Co. and American Power Gen CF LLC for purposes consistent with this Privacy Policy.

6.2 Regulated Intermediaries and Service Providers

  • DealMaker Securities LLC (Intermediary)
  • Enterprise Bank & Trust (Escrow Agent)
  • DealMaker Transfer Agent LLC
  • Compliance and identity verification vendors
  • Hosting and cloud service providers
  • Legal and accounting professionals

These parties are authorized to use information only as necessary to perform services.

6.3 Business Transfers

In the event of a merger, acquisition, restructuring, or sale of assets, personal information may be transferred as permitted by law.

We do not sell personal information for monetary consideration.

We may also share limited information with advertising and analytics partners to measure marketing performance and improve our communications. Certain privacy laws may classify some data sharing for advertising or analytics as "sharing" for targeted advertising purposes.

7. Payment Processing

Investment payments are processed by the Intermediary and held in escrow by Enterprise Bank & Trust. APG does not store full payment card numbers or bank account credentials. Payment processing is governed by the privacy policies of the Intermediary and escrow agent.

8. Cookies and Tracking Technologies

We use cookies and similar technologies to:

  • Maintain website functionality
  • Improve user experience
  • Understand general website usage and visitor activity
  • Measure marketing performance

You may manage cookie settings through your browser. Disabling cookies may limit functionality.

The Site does not currently respond to "Do Not Track" browser signals.

8.1 Advertising and Analytics Tools

We may use third-party analytics and advertising tools, such as Google Analytics, Google Ads, and the Meta Pixel (Facebook/Instagram), to understand how visitors interact with our Site and to measure the effectiveness of our marketing campaigns.

These tools may collect information such as your IP address, device information, pages visited, and interactions with our Site. In some cases, this information may be used to show you advertisements for our offering or services on other websites or social media platforms.

The information collected through these technologies may be shared with the providers of those services in accordance with their respective privacy policies.

You can learn more about how these platforms use information and how to control advertising preferences by visiting the following resources:

9. Third-Party Websites & Platforms

The Site may contain links to or integrations with third-party platforms, including the DealMaker investment portal, escrow services, transfer agent systems, and other service providers.

We do not control the privacy practices of these third parties. Your use of those services is governed by their respective privacy policies and terms.

10. Data Retention

We retain personal information for as long as necessary to:

  • Administer the Regulation CF offering
  • Maintain investor records
  • Comply with federal and state securities laws
  • Satisfy Regulation CF ongoing reporting obligations
  • Fulfill legal, accounting, and regulatory requirements

Because securities laws impose specific retention obligations, certain information may be retained for extended periods, even if deletion is requested.

11. Data Security

We take reasonable technical, administrative, and physical measures designed to protect your personal information from unauthorized access, use, disclosure, alteration, or destruction.

However, no method of transmission over the internet or method of electronic storage is completely secure. Accordingly, we cannot guarantee absolute security, and you provide information at your own risk.

In the event of a data breach affecting your personal information, we will provide notice as required by applicable law.

Because portions of the investment process are handled by third-party service providers, any security incident affecting systems operated by those providers will be handled according to their security policies and applicable law.

12. Your Privacy Rights

Depending on your state of residence, you may have rights to:

  • Access personal information
  • Correct inaccurate information
  • Request deletion (subject to regulatory retention requirements)
  • Opt out of marketing communications

To exercise rights, contact: privacy@americanpowergen.com

We may require identity verification prior to responding.

13. Additional Rights for California Residents

California residents may have additional rights under the California Consumer Privacy Act (CCPA/CPRA), including:

  • Right to know categories of information collected
  • Right to request deletion (subject to legal exceptions)
  • Right to limit use of sensitive personal information
  • Right to non-discrimination for exercising privacy rights

Requests may be submitted to privacy@americanpowergen.com.

14. Children's Privacy

The Site and offering are intended for individuals 18 years of age or older. We do not knowingly collect information from children under 18.

15. International Users

If you access the Site from outside the United States, you understand that your information may be transferred to, stored, and processed in the United States, which may have different data protection standards than your home jurisdiction.

16. Changes to This Policy

We may update this Privacy Policy from time to time. The Effective Date will reflect the most recent revision. Continued use of the Site after updates constitutes acceptance of the revised policy.

17. Contact Information

American Power Gen Co.
1980 Post Oak Boulevard, Suite 200
Houston, TX 77056

Email: privacy@americanpowergen.com
Phone: 346-355-3306

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