This Consumer Policies & Privacy Notice provide information about consumer protection, which includes Gen Mobile’s Privacy Notice, California Specific Privacy Policies, California Prepaid Mobile Telephony Service Surcharge, if applicable, and Customer Proprietary Network Information (“CPNI”) Policy (collectively, the “Notice”).

Please also carefully review these Notice and (a) the Terms & Conditions, (b) MyGenMobile App End User License Agreement, (c) the Auto Pay Authorization, (d) the ILD Consumer Agreement, (e) the Global Unlimited Text Messaging, (f) the rate plan that you select when initiating or using the Service (the “Rate Plan”), and (g) other terms, rules, or policies as made available to you from time to time, as they may apply to you when purchasing or using our products and/or services.

When we say “we”, “us”, “our” or “Gen Mobile”, we mean Boost SubscriberCo L.L.C. for the Gen Mobile brand only and when we say “you”, “your”, “customer” and “user”, we mean a Gen Mobile account holder or anyone who uses our Devices or Services, including, without limitation, all beneficiaries hereof.

Gen Mobile is committed to consumer protection and service quality as stated in our policies and in CTIA Consumer Code of Conduct, as applicable.

If you have any questions or concerns about the Notice, you may contact Gen Mobile Customer Care by dialing 611 from your device on the Gen Mobile network, calling (833) 528-1380, emailing genmobilelegal@dish.com, or sending correspondence to P.O. Box 1187, Gardena, CA 90249, Attn: Legal Department.

Changes to these Policies

Gen Mobile reserves the sole right to make updates to these Notice. Please revisit www.genmobile.com for updates. If any changes are made, Gen Mobile will revise the effective date of these Policies.

PRIVACY POLICY

Gen Mobile is Committed to Protecting Your Privacy

Gen Mobile takes your privacy seriously and is dedicated to providing its customers with strong privacy protections. This Privacy Notice (the “Privacy Notice”) outlines what, why, and how Gen Mobile collects, uses, and protects your confidential and personal information, and informs you of your options regarding its collection and use. The Privacy Notice applies to Gen Mobile customers of all products and services and to visitors of Gen Mobile websites.

California Notice at Collection

We collect the categories of personal information (as defined in the California Consumer Privacy Act (CCPA)) listed in the table below.

As further described in this Notice, we generally collect and use the above-listed categories of personal information to provide and manage the Services and achieve legitimate business or commercial purposes.

As noted in the table above, we “sell” or “share” (as these terms are defined in the CCPA) certain categories of personal information, and you may exercise your right to opt out of such disclosures by following the instructions provided in the footer link at https://www.genmobile.com/pages/your-privacy-choice.

We retain each category of personal information that we collect for as long as necessary to fulfill the purposes described in this Notice, including to satisfy legal or reporting requirements.

More information, including a description of your legal rights, can be found below in the “State Privacy Rights” section.

What Information Gen Mobile Collects

Gen Mobile collects information about you and your device(s) so that it may provide the best products and services to Gen Mobile customers.

The type of information Gen Mobile may collect include: (a) account, (b) credit and financial, (c) Customer Proprietary Network Information (“CPNI”), (d) internet and application history, (e) location, and (f) service-related network and device information. Account information pertains to your particular account (i.e. your name, address, telephone number, email address, and call records). Credit and financial information, if needed, is your credit card information, credit history, or other bank information for account, billing, and other collection purposes. CPNI is a type of personal information. For more information, please see the Gen Mobile CPNI Policy. Internet & application history information are the websites you visit and the mobile apps you use while on the Gen Mobile network, including the amount of time spent on and frequency of use of the website or using the mobile apps. Location information is the physical address and location of your wireless device, which is generated by the communication between your device and cell towers, Wi-Fi routers, and/or other technologies. Service-related network and device information is your Gen Mobile service history, including how you use Gen Mobile’s network, products, and services, and how well they are operating. Gen Mobile also collects your specific device or equipment type, status, settings, software, and configuration information.

Why and How Gen Mobile Collects Information

Gen Mobile collects the above information when you use Gen Mobile’s products, network, and services. This includes collecting information in the following ways:

Information You Provide

Gen Mobile collects the information you supply when you purchase or use our services or products, or otherwise communicate with Gen Mobile representatives such as sales representatives or Customer Care agents. Some of the ways that you provide information to Gen Mobile include: (a) purchasing or adding Gen Mobile’s products and services; (b) contacting Gen Mobile Customer Care online, by phone, or in person; and/or (c) creating, modifying, or interacting with our website or your account.

Information Collected Using Gen Mobile Products and Services

When using your Gen Mobile products and/or services, Gen Mobile automatically collects certain information to monitor the performance of our services and/or equipment. For example, Gen Mobile automatically collects information regarding: (a) your mobile device, such as what kind of mobile device you are using, device location, what calls are made and text messages are sent and received, when the device is powered on or off, what services are being used, and other general device performance issues and information; (b) Gen Mobile’s network performance, by measuring things such as application performance, data failures and transmission, dropped calls, signal strength, and other network performance issues; (c) your device’s online behavior and preferences and other online data, by using cookies, web tags, or similar technologies that may be used to identify your device, personalize your web experience, and provide customized support and performance.

Gen Mobile collects information about your visit when you visit our websites. This may include data about your behavior such as searching, browsing, and purchasing activities on our websites, as well as your account information, information about your internet connection, IP address, mobile device telephone number, and the addresses of the websites that you visited prior to and after Gen Mobile’s website. We use this information so that Gen Mobile may be able to deliver more relevant and accurate marketing messages, as offerings may vary depending on your location. We also use this information to manage and monitor how often you see certain advertisements. In addition, we use this information to review and maintain the effectiveness of Gen Mobile’s websites.

Information Provided by Third Parties

Third party sources also provide Gen Mobile with information. For example, Gen Mobile receives information from credit agencies who assist with customer credit related determinations, companies that collect consumer demographic and interest data, and marketing companies who provide contact information, potential leads, and social media information.

How Gen Mobile Uses the Information

Gen Mobile uses the collected information in various ways, including, but not limited to: (a) billing you for the use of the products and services and maintaining such bill records; (b) complying with laws and regulations; (c) helping you with product, service, and network-related issues; (d) improving, maintaining, and protecting the integrity and security of Gen Mobile’s services and networks; (e) informing you about updates, offers, and promotions on products and services that may be of interest to you; (f) investigating and protecting against fraud, illegal activities, and violations of Gen Mobile Terms & Conditions; (g) providing you with devices, products, and services; (h) maintaining a record of your correspondence with Gen Mobile; and (i) providing 911 dialing services to allow emergency services to detect your general location.

Advertising from Gen Mobile

Gen Mobile may use certain information you provided, for example, certain preferences indicated by you when using our websites, products, and/or services to provide you with information related to Gen Mobile products and/or services that may be of interest to you. We may provide certain advertisements on our websites and/or mobile applications.

Advertising from Third Party Companies

We do not release any personally identifiable information for any advertisement purpose without your consent.

You may see third party advertisements when you visit Gen Mobile’s website or use your device. Ad servers place certain advertisements on behalf of other third party companies. Ad server companies may place and access cookies on your device to collect certain information about your visit to their website. The information collected from Gen Mobile’s website does not identify you personally. Sometimes the information collected may be used with other data to help advertisers target specific audiences and modify advertisements to interests they infer from your use of our and other websites or mobile applications. If you choose to interact with advertisers who place ads on Gen Mobile’s websites, the information you provide to those third parties is subject to their terms and conditions and privacy policies. Any interactions with advertisements on Gen Mobile’s website may lead to further targeted advertisements on our website or other websites.

We may permit advertisers to place advertisements on Gen Mobile’s websites based on certain information that we have about you, including your demographic information, geographic location, and products and/or services. We may include social network or other third party plug-ins on Gen Mobile’s websites, which may provide information to the affiliated social networks or third parties about your actions with and use of our websites, products and/or services.

How Gen Mobile Shares Information

Except as noted in this Privacy Notice, Gen Mobile does not sell, share, or license any individually identifiable customer information beyond Gen Mobile, for non-Gen Mobile related reasons, without the consent from the specific individual whose information will be shared.

Sharing Within Gen Mobile

Gen Mobile shares certain customer information within Gen Mobile in order to communicate with you about your account, to develop better products and services for you, and to provide you better products and services. Gen Mobile also shares information within Gen Mobile so that we may offer and provide you with additional products and/or services. If you choose to, you can limit the sharing of certain information, known as Customer Proprietary Network Information, or CPNI, regarding marketing services outside of the services you currently have. Please review the Gen Mobile CPNI Policy for more information.

Sharing With the Primary Account Holder and Third Parties

Upon proper authentication, Gen Mobile may disclose information to the primary account holder. If the primary account holder is a business, governmental agency, or another individual, Gen Mobile may provide information about your use of the products and/or services at their direction.

We will never sell your name, address, or phone number without your consent to those outside of Gen Mobile to market third-parties' products and/or services. Gen Mobile may use third-party partners for certain business reasons and share information with them as necessary for them to perform work on our behalf. We may also provide certain, anonymized or unidentifiable information about you to third-parties for advertising, marketing, or other purposes. Gen Mobile may also share information with third-parties in order to protect your privacy and security and to enforce our own rights. For such purposes, Gen Mobile will only share your information as needed for those companies or third-party entities to perform specific services. Additionally, those companies are required to protect your information with the same level of protection that Gen Mobile provides.

We share information beyond Gen Mobile with certain other entities in limited circumstances, such as complying with court orders and other legal and regulatory requirements, responding to 911 and other emergencies; assisting with identity verification and preventing fraud and theft; enforcing our agreements and legal rights, or advancing or defending against legal claims; processing transactions and bills and to collect payments; as part of a corporate business transaction like a merger or acquisition; and/or with your consent.

Your Consent Required for Individually Identifiable Disclosures or Information

Gen Mobile will only disclose information that individually identifies our customers and/or their devices to third-parties with each individual customer consent, which may be obtained in various ways such as in writing, online through click-through agreements, or when you accept the terms and conditions on your device for certain applications or services. Implicit consent will be obtained only in certain situations. Implicit consent can occur when you purchase a mobile device and request that Gen Mobile ship the device to your home, and you implicitly consent to disclose your name and address to a third-party shipping company in order to complete the purchase via delivery. Gen Mobile will not provide listing information for wireless numbers to directory assistance services or phone book publishers without your consent.

How We Protect Your Information

We take information security seriously. We use commercially reasonable efforts to protect information we collect and maintain against loss; misuse; and unauthorized access, disclosure, alteration, or destruction. However, even with appropriate security measures in place, we cannot guarantee the security of the information under our control.

MyGenMobile App

Gen Mobile will collect, disclose, and protect your personal information via MyGenMobile App (the “App”) in accordance with the policies stated herein. The App makes use of the Device Administration (BIND_DEVICE_ADMIN) privileges to provide remote lock and wipe capabilities to the Gen Mobile Care team. If your device is lost or stolen, you may contact Gen Mobile Care to assist with remote location, lockdown, or factory reset of the device.

Online Privacy Policy for Children

Gen Mobile does not intentionally or knowingly collect information from, market to, or solicit information online from children under the age of 13 without first obtaining legal guardian or parental consent. Gen Mobile encourages legal guardians or parents to be involved with their children's online activities to ensure no information is collected from a child without legal guardian or parental consent. If a legal guardian or parent authorizes a child to use Gen Mobile’s products and/or services by providing them with a device associated with an active account, any information acquired as a result of such use will be treated as the legal guardian’s or parent’s information in accordance with this Notice.

CUSTOMER CHOICE AND CONTROL

Accessing Your Information

Customers can access and modify their account information by contacting Customer Care, using the App or, when available, online at www.genmobile.com.

Choices Regarding Gen Mobile’s Use of Your Information

Gen Mobile would like to send you certain marketing communications about products and/or services we provide. You may choose to limit or opt out of receiving marketing communications at any time. To opt out of receiving marketing communications, please call Customer Care and a Gen Mobile representative can process your opt out request. If you opt out from receiving Gen Mobile marketing communications, you will continue to receive certain account and service related communications, such as invoices, customer care notices, and transactional notices when you purchase Gen Mobile products and/or services.

Consumer Role in Protecting Privacy

Gen Mobile strongly encourages and recommends our customers to use passwords and security questions to prevent unauthorized access to their account. Create unique, non-obvious passwords and do not share your passwords.

Do Not Call

The Federal Trade Commission’s “Do Not Call” laws allow customers to place their telephone numbers on the national Do Not Call Registry in order to prevent telemarketing calls. Please visit www.donotcall.gov for more information. Please note that even if your number is placed on a federal and/or state Do Not Call list, most telemarketing laws permit companies to contact their own customers. If you would like, you may be removed from Gen Mobile’s telemarketing list by contacting Customer Care.

Consumer Code for Wireless Services (“CCWS”)

Gen Mobile follows the CCWS established by the Cellular Telecommunications & Internet Association (“CTIA”). CTIA and the wireless carriers adhering to the CCWS have made a voluntary commitment to help consumers make informed choices when selecting their wireless service. For information about the voluntary guidelines included in the CCWS, please visit CTIA’s website at www.ctia.org/the-wireless-industry/industry-commitments/consumer-code-for-wireless-service.

STATE PRIVACY RIGHTS

California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah and Virginia

California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah and Virginia give residents the right to know what categories of personal information are collected about them and how it will be used, disclosed, and sold or shared. The purpose of this section of the Notice is to provide residents of these states with a description of our practices regarding the collection, use, disclosure, correction, deletion, and sale or sharing of personal information.

Categories of personal information collected:

We have collected the following categories of personal information about consumers in the preceding 12 months.

Categories of personal information sold or shared:

We sell or share the following categories of personal information: identifiers, imprecise geolocation such as IP address, inferences, commercial information and internet or other electronic network activity information. We sell or share these categories of personal information to data analytics providers, advertising partners and/or networks, social networks, and data brokers. We do not knowingly sell or share personal information about persons under the age of sixteen.

Categories of sources of personal information:

We collect the personal information identified in the chart above from the following categories of sources:

• From you and your transactions with us, such as when you request a product or service, or give us your contact information
• From our affiliates
• From others, including consumer reporting agencies and third parties that provide us with demographic and other information
• From publicly available sources

Personal information we disclose for a business purpose:

There are a number of circumstances where we disclose personal information to companies who work on our behalf to help us provide the Services. We disclose the categories of personal information described in the chart above to affiliates and other companies to provide the Services; measure the performance of our network and your devices; and for eligibility verification, fulfillment, and administrative purposes.

Your Data Rights:

California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah and Virginia have the right to request certain actions with respect to their personal information. Residents of these states may:

• Request that we disclose what categories and specific pieces of personal information we collected about you in the preceding 12 months, the business purposes for such collection, the categories of sources from which we collected the information, the categories of personal information we sold or disclosed for a business purpose, and the categories of recipients of such information
• Request deletion of any personal information about you that we have collected from you subject to certain legal exceptions
• Correct inaccuracies of any personal information about you we have collected from you
• Opt-out of the sale or sharing of your personal information, or of targeted advertising
• Appeal the denial of any of your access requests

Residents of Delaware, Minnesota, Oregon and Rhode Island may request a list of specific third parties with which we have shared any personal data.

If you choose to exercise these rights, you will not receive discriminatory treatment by us for your exercise of your rights.

How to submit an access, deletion, or correction request:

If you would like to submit a privacy rights request for access, deletion, or correction please contact us at 833-528-1380 or visit our Privacy Portal at www.genmobile.com/pages/your-privacy-choice.

How to opt out of the sale or share of personal information, or of targeted advertising:

To opt out of the sale or sharing of your personal information or targeted advertising, please contact us at 833-528-1380 or visit our Privacy Portal at www.genmobile.com/pages/your-privacy-choice.

Verification of your identity:

To process your request for access, deletion, or correction we must be able to verify your identity to a reasonable degree of certainty. To do so, you must provide the required identifying information when completing the online request form or making a request through one of our customer service agents. We will ask you to provide your contact information and an additional identifier based on your relationship with us. Before we process your request, we will match these data points with data points we currently maintain to verify your identity and your relationship with us.

Responding to your deletion requests:

Please note that we may not be required to delete information under certain circumstances such as exemptions for data that is necessary to complete a transaction or for a legal compliance purpose, to detect security incidents, or for certain other internal purposes.

Authorized agent requests:

You can designate an authorized agent to make a request to know, delete, correct, or opt-out on your behalf. When you use an authorized agent to submit a request for access or deletion, you must provide the authorized agent with written permission to do so, and, in certain circumstances, we may ask you to verify your own identity directly with us. We may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.

California

California Web Site Data Collection & “Do Not Track” Notices

Gen Mobile does not knowingly allow third-parties to collect personally identifiable information about your online activities over time and across third-party web sites when you use our websites and/or services. Gen Mobile provides information about your opt out choices and you may contact Customer Care at any time to change your preferences. Because the providers of “do not track” and similar signals do not yet operate according to common, industry-accepted standards, Gen Mobile currently does not respond to those signals. For more information on Do Not Track, please visit www.allaboutdnt.com.

California customers who wish to request more information about Gen Mobile’s compliance with these requirements, or who have questions or concerns about our privacy practices and policies, may contact us via e-mail at genmobilelegal@dish.com.

Nevada

Nevada law permits Nevada residents to make certain requests about how their personal information is shared with third parties or affiliated companies. To make such a request, please visit our Privacy Portal at www.genmobile.com/pages/your-privacy-choice.

IMPORTANT NOTICE FOR CALIFORNIA PREPAID WIRELESS CUSTOMERS

Court Decision

On November 15, 2018, the United States District Court, Northern District of California (MetroPCS California, LLC v. Michael Picker et al, case number 17-cv-05959-SI), enjoined state agencies from enforcing the provisions of the Prepaid MTS Surcharge Collection Act because it conflicts with federal law. A notice of appeal of the district court’s decision was filed on December 14, 2018, but a judicial stay of the injunction was not requested, thereby ending CDTFA’s enforcement of the Prepaid MTS Surcharge Collection Act (the “Act”). However, the CDTFA will continue to administer the Local Prepaid MTS Collection Act, which is a separate act from the Act.

Effective January 1, 2019, telephone corporations providing prepaid wireless telecommunications services sold in California shall collect, report, and remit surcharges and user fee rates applicable to all intrastate telecommunications services. This will be consistent with the universal surcharge mechanism applicable to all telecommunications carriers in existence prior to the enactment of the Act, including the method of calculating the rates, requirement of revenue reports, and the collection of surcharges and user fees.

The surcharges and user fee are adjusted periodically and applicable to the sale price of intrastate prepaid wireless services as follows:

• Universal Lifeline Telephone Service (ULTS) – Resolution T-17519
• Deaf and Disabled Telecommunications Program (DDTP) – Resolution T-17458
• California High Cost Fund-A (CHCF-A) – Resolution T-17453
• California High Cost Fund-B (CHCF-B) – Resolution T-17417
• California Teleconnect Fund (CTF) – Resolution T-17606
• California Advanced Services Fund (CASF) – Resolution T-17593
• California Public Utilities Commission User Fee – Resolution M-4832
• California 911 Emergency Telephone Users Surcharge – Revenue and Taxation Code section 41001
• Local Prepaid Mobile Telephony Services (LPMTS) Surcharge – Revenue and Taxation Code section 42100

Each surcharge and user fee will be listed on your receipt and will vary based on your location because certain cities and counties may or may not implement different LPMTS surcharge rates.

To better understand your total charges since the invalidation of the Act, here are some examples where you purchase a $25 Gen Mobile Plan (Plan) and are located where the total rate of the surcharges and user fee are 10.0% (these do not include the calculation of LPMTS):

• Before January 1, 2019, the surcharges and user fee collected under the $25 Plan is $25 x 10% = $2.50, for a total charge of $27.50.
• On and after January 1, 2019, the surcharges and user fee collected under the $25 Plan is $5 (voice portion) x 62.9% (inverse of federal safe harbor percentage) x 10% = $0.31, for a total charge of $25.31.

For more information please go to the CDTFA’s website or you may contact Customer Care by calling at 833-528-1380 or dialing 611 from your device on the Gen Mobile network.

CUSTOMER PROPRIETARY NETWORK INFORMATION (“CPNI”) POLICY

Your Privacy is Very Important to Gen Mobile

Gen Mobile is committed to protecting the privacy and security of our customers’ personal information. As your telecommunications service provider, Gen Mobile has access to certain confidential information known as Customer Proprietary Network Information, or CPNI.

What is CPNI?

CPNI is the information generated due to your use of Gen Mobile's telecommunications services. CPNI includes: type of services purchased, how those services are utilized, billing information, and information about call details (also known as “Call Detail Information” or “CDI”). CDI involves information relating to specific calls, including the phone numbers you call, the numbers calling you, call times and dates, call durations, and caller location. Your telephone number, name, or address are not CPNI.

Federal Law Requires Protection of CPNI

Gen Mobile may share CPNI within Gen Mobile, including our affiliated companies, in order to communicate with you about your account, to provide services to you, and to develop new products and/or services to provide the best experience possible. Gen Mobile may use your CPNI to offer you additional products and/or services that may be of interest to you. The Federal Communications Commission (“FCC”) requires that we obtain your consent to use your CPNI within Gen Mobile to offer you additional products and/or services. Please know that in compliance with FCC rules and regulations, Gen Mobile will not sell or share your CPNI with anyone outside of Gen Mobile, unless required by law.

How to Give Consent to Share Your CPNI

No further action is required to allow Gen Mobile to use your CPNI. We will assume you approve to our sharing of your CPNI within Gen Mobile unless you provide Gen Mobile with notice that you wish to opt out. If you would like to keep your CPNI private and do not wish it to be used for additional marketing purposes, you can opt out of that use. To opt out, you can call Customer Care and speak with a Gen Mobile representative who can process your opt out request. Your decision to allow or restrict Gen Mobile’s use of your CPNI will remain in effect until you change it.

CDI is only disclosed in certain circumstances

You can gain access to CDI only in the following scenarios: (a) calling Gen Mobile Customer Care and authenticating your identity as the account owner; (b) requesting the CDI be mailed to the address of record; or (c) requesting a Gen Mobile representative call the telephone number of record for your account to disclose CDI.

Notification of Account Changes

Gen Mobile will notify you if any change is made to your account by sending a notice to the address of record, sending an SMS message to the telephone number of record, and/or sending an automated call to the number of record. The notification will not reveal the changed or updated information.

CPNI Breach Policy

Gen Mobile is required to notify law enforcement if Gen Mobile becomes aware of a breach of customer CPNI. Gen Mobile will also notify you of the breach following notification to law enforcement unless directed otherwise by the United States Secret Service or the FBI.