Privacy Policy

We at PrimeIntellect, Inc. (“PrimeIntellect”, “us”, “we”, or “our”)”) endeavor to respect your privacy. This Privacy Policy (“Policy”) is designed to help you understand how we collect, use, safeguard, share, and disclose your personal information in connection with our products and services. It also explains your rights and choices with respect to your personal information. This Policy applies when you interact or make a purchase through our websites located at primeintellect.ai, and any other websites, pages, features or content we own or operate (collectively, the “Site(s)”); when, as a subscriber to our GPU Cloud, you use our Cloud available through the online platform at primeintellect.ai/app/signin (the “Platform”); or other products or services that direct you to this Policy (collectively, including the Sites and the Cloud, the “Service(s)”). Please read this entire Policy to make sure that you fully understand it. By using our Services, you agree to the collection, use and disclosure of your personal information in accordance with this Policy, and you agree to the accompanying Terms of Service(“Terms”). Our Terms govern all use of our Services, and together with the Privacy Policy and any other terms provided, constitute your agreement with us. If you do not agree with or you are not comfortable with any part of this Policy or the Terms, please immediately discontinue access or use of our Services. In providing our Services to subscribers of our Cloud and Colocation plans, or purchasers of our hardware (“Clients”), PrimeIntellect is a data processor as we process personal information on behalf and at the direction of the Clients. This Policy does not apply to Prime's processing when we are a data processor. If you have submitted personal information to a Client that is processed by us, you should directly contact that Client for assistance with any requests or questions relating to the processing of your personal information. We may change this Policy from time to time at our sole discretion. We encourage you to frequently check this page for any changes to this Policy. Your continued use of our Services after any change in this Policy will constitute your acceptance of such change. If we change this Policy in a way that we believe materially affects how we process your personal information or reduce your rights, we will provide you with advance notice via email or by posting a prominent notice on our Sites.

1. Personal Information

PrimeIntellect collects certain personal information about you and your use of our Services. The definition of personal information (used interchangeably with “personal data” for European residents) depends on the applicable law based on your physical location. Only the definition that applies to your physical location will apply to you under this Policy. For purpose of this Policy, personal information does not include data that has been anonymized or aggregated so that it can no longer enable us, whether alone or in combination with other information, to identify you. From time to time, PrimeIntellect may release aggregated information by publishing a report on trends or usage on our Sites. The personal information that PrimeIntellect collects falls into three primary categories: (1) information you voluntarily provide to us, (2) information we collect from you automatically, and (3) information we collect from third parties. Information You Voluntarily Provide to Us. We, or service providers that assist us in providing, maintaining, and operating our Services, may collect the following types of personal information from you:

• Web Forms. We may collect your first and last name, email, company name, and phone number when you request demos, request a quote, apply for a discount, or would like to get in touch with us for other matters. Personal information that you provide by email or web forms will be used only for such purposes as are described at the point of collection (for example on a web form), such as to send information to you or respond to your questions or comments. If you provide contact information, we may contact you to clarify your comment or question, or to learn about your level of interest in, or satisfaction with our services.
• Order Information. When you place an order on our Site, we may collect information relating to the orders, such as, your full name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.
• Registration and Account Information. When you register to use our GPU Cloud, to participate in a PrimeIntellect Forum, or any other type of PrimeIntellect account we will ask you to create an account and may collect your email address, first name, last name, phone number, and company affiliation.
• Customer Service. When you engage with our support team via online chat box, phone, or email, we may collect records, copies of your correspondence (including email addresses), and any additional information you choose to share with us.
• Blog and Forums. We offer publicly accessible blogs and community forums. Please be aware that any information you provide in these areas may be read, collected, and used by others who access them, including your username and/or the social media handle you opt to log in with when leaving a comment.
• Career Information. If you apply for a position at PrimeIntellect, we may collect your professional and education information such as your resume/CV, education and training experience, schools/universities attended, academic grades, degrees obtained, expected start date, physical location, and/or professional certification and licenses.

Information We Automatically Collect. To the extent permitted under the applicable law, we may collect certain types of information automatically, such as whenever you interact with the Sites or use the Services. We may collect the following types of information automatically from you:

• Usage Data. When you browse our Sites, we automatically collect log data such as your web request, Internet Protocol (“IP”) address, browser type, domain names, referring and exit pages and URLs, pages viewed and the order of these page views, the date and time you access our servers, and other diagnostic data.
• Location Information. When you use our Services, we may infer the generic physical location of your device and the geographic regions you come from. For example, your IP address may indicate your general geographic region. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.

2. Cookies and Other Tracking Technologies

We, and third parties on our behalf, use cookies, web beacons, and similar tracking technologies (collectively, “Tracking Technologies”) to collect personal information automatically as you interact with our Sites, to help us customize your experience and better manage content on our Sites, including to:

• Analyze our web traffic using an analytics package
• Identify whether you already visited our Sites
• Store information about your preferences
• Recognize when you return to our Sites

‍Cookies.When you visit our Sites or otherwise interact with our Services, we (or third-party data or ad networks we work with) may send one or more “cookies” to your computer or other devices. Cookies are alphanumeric identifiers stored on your computer through your web browser and are used by most websites to help personalize your web experience. Some cookies may facilitate additional site features for enhanced performance and functionality such as remembering preferences, allowing social interactions, analyzing usage for site optimization, providing custom content, allowing third parties to provide social sharing tools, and serving images or videos from third-party websites. Some features on the Sites will not function if you do not allow cookies. The following types of cookies may be used on our Sites:

• Essential Cookies. These cookies are essential because they enable you to use our Sites as you reasonably expect. For example, strictly necessary cookies allow you to access secure areas on our Sites and provide necessary security functions. Without these cookies, some Site features cannot be provided. This category of cookies is essential for our Sites to work and they cannot be disabled.
• Marketing Cookies. These cookies may be set through our Sites by our marketing partners. Personal information may be collected by these companies that enable them to serve up advertisements on other sites that are relevant to your interests.
• Personalization Cookies. We use functional cookies to remember your choices so that we may tailor our Sites to provide you with enhanced features and personalized content. While these cookies can be disabled, this may result in less functionality during your use of our Sites.
• Analytics Cookies. These cookies allow us to collect passive information about your use of our Sites, for example, count page visits and traffic sources so we can measure and improve the performance of our Sites and our marketing campaigns.

‍Managing Cookies. You have the right to decide whether to accept cookies. If you do not want us to deploy cookies in your browser, you may exercise your preference by modifying your web browser setting to either (1) refuse some or all cookies or (2) notify you and ask for your permission when a website tries to set a cookie. If you choose to disable cookies in your browser, you can still use our Sites, although your ability to use some of the features may be affected. If you want to exercise your rights regarding personal information collected via cookies and similar tracking technologies, please see the Your Rights and Choices section below.

Analytics. We use Google Analytics, which uses cookies and other similar tracking technologies to collect and analyze information about your use of our Sites and report on activities and trends. This service may also collect information regarding your use of other websites, apps and online resources. You consent to the processing of data by these analytics providers in the manner and for the purposes set out in this Privacy Notice.

3. How We use Your Information

We use your personal information as described in this Policy for business and commercial purposes, or as disclosed to you prior to such processing taking place. We may process your personal information:

• To Provide Prime's Services. We will use your personal information to provide information, perform Services that you request, including managing your request as a visitor, purchaser or subscriber to our products and services. For example, when you order products from us, we require your shipping information to deliver your order, and we require payment information to process your order. We will not be able to provide you with Service without such information. Third parties such as payment processing companies and courier services may also access and/or collect your personal information when assisting us to fulfill your order. We work diligently with such third parties to protect your information.
• To Maintain Legal and Regulatory Compliance. Our Services are subject to certain laws and regulations which may require us to process your personal information. For example, we process your personal information to fulfill our business obligations, ensure compliance with employment and recruitment laws, to manage risk as required under applicable laws and regulations, or to respond to requests by judicial process or governmental agency.
• To Enforce Compliance with Our Terms, Agreements and Policies. When you access or use our Services, you are bound to our Terms. We may process your personal information for compliance purposes, such as carrying out our obligations and enforcing our Terms or other legal rights, including those arising from any contracts entered into between you and us, including for billing and collection.
• Analytics Cookies. These cookies allow us to collect passive information about your use of our Sites, for example, count page visits and traffic sources so we can measure and improve the performance of our Sites and our marketing campaigns.
• To Provide Customer Support or Respond to You. We collect any information that you provide to us when you contact us and send us an inquiry Without your personal information, we cannot respond to you or ensure your continued use and satisfaction of the Services. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users.
• To Provide You with Service-Related Communications. We will send you administrative or account-related information to keep you updated about your account and the Services. Such communications may include information about Privacy Policy updates, security updates, tips or other relevant transaction-related information. Service-related communications are not promotional in nature. You are not able to unsubscribe from such communications, otherwise you may miss important developments relating to your account or the Services.
• To Provide Marketing Communication. We may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with PrimeIntellect and our products. When you no longer wish to receive these marketing messages from us, you can opt out at any time by unsubscribing or following the instructions contained within such messages.
• To Research and Develop Our Services. We may process your personal information and derive analytical and statistical data to better understand the way you use and interact with our Services. For instance, analyzing where, on which types of devices and how our Site is used, how many visitors we receive, and where they click on the Site may help us improve our existing Services and to build new Services. Please see our Cookies and Other Similar Tracking Technologies section for more information.
• To Personalize Your Experience. We may process your information to personalize your experience. By personalization, we enable you to more easily interact with our Services across platforms and devices.
• To Facilitate Corporate Acquisitions, Mergers and Transactions. We may process any information regarding your account and your use of our Services as is necessary in the context of corporate acquisitions, mergers or other corporate transactions.
• With Your Consent. For any other purpose disclosed to you prior to you providing us your personal information or which is reasonably necessary to provide the services or other related services requested, with your permission or upon your direction.

4. Why We Share Your Information

We share your personal information as needed to fulfill the purposes described in this Policy and as permitted by applicable law. We may disclose your personal information as described below.

• As Required by Law. We may access, preserve, and disclose information about you if we believe doing so is required or appropriate to (a) comply with law enforcement requests and legal processes, such as a court order or subpoena; (b) comply with requests from auditors, examiners or other regulators; (c) respond to your requests; or (d) protect your, our, or others’ rights, property or safety.
• Within Our Corporate Organization. We may share your personal information within our organization to provide you with the Services and take actions based on your request.
• With Our Service Providers. We may share your personal information with third-party service providers acting on our behalf to help us operate our Services. Service providers and vendors provide us with support services such as credit card processing, website hosting, community and feedback management, analytics services, career page management services, and network maintenance. These third parties can only use your information in accordance with our written instructions and must comply with the information security protections we have put in place.
• During Business Transaction or Other Asset Transfers. We may disclose and transfer information about you to buyers, service providers, advisors, potential transactional partners or other third parties in connection with the advisors, potential transactional partners or other third parties of a corporate transaction in which we are acquired by or merged with another company, or we sell, liquidate, or transfer all or a portion of our business or assets. By engaging with us or using our Services, you understand and agree to our assignment or transfer of rights to your personal information.
• With Our Marketing Partners. Subject to applicable law, we may share your personal information with our marketing partners for permitted marketing purposes.
• With Your Consent. We may disclose your personal information for any purpose with your consent.

5. How We Protect Your Information

We maintain our Services and all associated data with technical, administrative, and physical safeguards to protect against the loss, unauthorized access, destruction, misuse, modification, and improper disclosure of your personal information. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such information, nor can we guarantee that the information you supply will not be intercepted while being transmitted over the Internet. In particular, email sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via email (and please do not send us sensitive information, such as payment card information or government-issued IDs). If you have any questions about the security of your interaction with us (if, for example, you feel that the security of any account you might have with us has been compromised), you can reach out to us via the method identified in the “Contact Us” section below.

6. Retention of Your Personal Information

We will retain your personal information only for as long as is necessary for the purposes set out in this Policy. We will retain and use your personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your personal information to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. We will cease to retain your personal information or remove the means by which the data can be associated with you as soon as it is no longer necessary for legal or business purposes.

7. Your Rights and Choices

Depending on the applicable law where you reside, you may exercise the right to access, or correct your personal information that we have collected or has been previously provided to us. If you would like to exercise your rights under applicable law, please contact us via the method identified in the “Contact Us” section below. In your request, please make clear what personal information you would like to access, or change. We may seek to verify your identity when we receive your privacy rights request to ensure the security of your personal information.

• Marketing Communications. When you no longer wish to receive these marketing messages from us, you can unsubscribe at any time by unsubscribing or following the instructions contained within such messages, emailing us via the method identified in the “Contact Us” section below.
• ‍Additional Rights for California Residents. You may have additional privacy rights if you are a California Residents, see Section 11 “Notice to California Residents” below for more information.
• Additional Rights for Individuals in the European Economic Area, the United Kingdom, Switzerland and Brazil.You may have additional privacy rights if you use or access our Service from the European Economic Area, the United Kingdom, Switzerland and Brazil, see Section 12 “Notice to Individuals in the European Economic Area, the United Kingdom, Switzerland and Brazil” below for more information.

8. Third-Party Sites

Our Service may contain links to other websites, products, or services that we do not own and are not operated by us. If you click a third-party link, you will be directed to that third party's site. We strongly advise you to review the privacy policy of every site you visit before providing any information to them.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services, and this Policy does not apply to your activities on these third-party services or any information you disclose to these third parties. If you have any questions about how these other sites or services use information from or about you, you should contact them directly.

9. How We Protect Children's Information

The Services are not directed to, and we do not knowingly collect personal information from individuals under the age of 16 (or other age as required by applicable local law). If you are under 16, please do not attempt to fill out our forms, make a purchase, or send any personal information about yourself to us. If you are the parent or guardian and believe your child has provided us with personal information, please reach out via the method identified in the “Contact Us” section below. If we become aware that a child under 16 has provided us with personal information, we will terminate the user’s access to our Services and take steps to delete such information from our systems, unless we have a legal obligation to keep it.

10. International Transfers

Prime's business operates on a global scale. When you access or submit information to us, your personal information may be transferred to, processed, maintained, and used on computers, servers and systems located where the data protection laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we may transfer your personal information to the United States for further processing. We will take appropriate contractual or other steps to protect the relevant personal information in accordance with applicable laws.

We rely primarily on the European Commission’s Standard Contractual Clauses to facilitate the international and onward transfer of personal information collected in the European Economic Area (“EEA”), the United Kingdom and Switzerland (collectively “European Personal Information”), to the extent the recipients of the European Personal Information are located in a country that the European Countries consider to not provide an adequate level of data protection. We may also rely on an adequacy decision of the relevant regulatory body confirming an adequate level of data protection in the jurisdiction of the party receiving the information, or derogations in specific situations.

PrimeIntellect is responsible for the processing of personal information it receives and subsequently transfers to a third party acting as an agent on its behalf. Before we share your information with any third party, we will enter into a written agreement that the third party provides at least the same level of protection for the personal information as required under applicable data protection laws.

11. Notice to California Residents

This section applies only to California residents. The purpose of this section is to inform California residents (“consumers” or “you”), at or before the time of collection of personal information, about our data collection practices and your privacy-related rights under California law, including the California Consumer Privacy Act of 2018, as amended (“CCPA”) and the California Privacy Rights Act (“CPRA”). Your “right to know” about personal information collected, used, and disclosed by PrimeIntellect includes what categories of personal information we collect from you and the purpose for its collection; how we use those categories of personal information; and how we share the personal information you entrust to us. For purpose of this section, the term “personal information”, as defined under the CCPA, is used.

Categories of Personal Information Collected

The chart below describes the categories of personal information we have collected in the preceding 12 months, the sources and purpose of such collection, and the parties to whom the information was shared for business purpose.

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‍Your Rights Under California Law‍

Access to Specific Information and Data Portability Rights. Subject to certain exceptions, if you are a California resident you have the right to request a copy of the personal information that we collected about you during the 12 months before your request. Once we receive your request and verify your identity, we will disclose to you:Sale of Personal Information. To the extent we sell your personal information to third parties, you have the right to request that we disclose to you:

• The categories of your personal information that we sold, and
• The categories of third parties to whom your personal information was sold.
  
  Unless you have exercised your right to opt-out of personal information “sales”, we may “sell” personal information to third parties, as that term is defined under California law. The third parties to whom we sell personal information may use such information for their own purposes in accordance with their own privacy policy, which may include reselling this information to additional third parties. You have the right to direct us not to sell your personal information. To exercise your right to opt-out, please submit a request by clicking the “Cookie Preference” link in our Site footer, toggling on the “Do Not Sell” button, and click “Save.”

• Deletion Requests. 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
• Non-Discrimination. We recognize and respect that you have the right to not receive discriminatory treatment by the business for exercising any of your CCPA rights.
• ‍Shine the Light Law. If you are a California resident, you may opt out of us disclosing your personal information to third parties for direct marketing purposes. In your request, please specify that you want a “California Shine the Light Notice.”
• ‍Do Not Track. Some Internet browsers, such as Internet Explorer, Firefox, and Safari, include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT” signals have not been adopted, our Site does not currently process or respond to “DNT” signals.
• Exercising Access, Data Portability and Deletion Rights. To exercise the access, data portability and deletion rights described above as a California resident, please submit a request to us by contacting us as described in the “Contact Us” section below. Before fulfilling your request, as required by law, we may ask you to verify personal information we already have on file to confirm your identity. If we cannot verify your identity based on the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.
• Use of an Authorized Agent to Submit a Request. Only you or a person you formally authorize to act on your behalf, may make a verifiable consumer request related to your personal information as a California consumer. If you use an authorized agent to submit such a request, we will require written proof that the authorized agent has been authorized to act on your behalf or a copy of the power-of-attorney document granting that right.

12. Notice to Individuals in the European Economic Area, the United Kingdom, Switzerland, and Brazil

This section only applies to individuals using or accessing our Service while located in the European Economic Area, the United Kingdom, Switzerland (collectively, the “European Countries”), or Brazil at the time of data collection. Pursuant to the European Union’s General Data Protection Regulation, the UK General Data Protection Regulation (collectively, the “GDPR”), and Brazil’s General Personal Data Protection Act (“LGPD”), for the sake of clarity, references to personal information in this Policy concerns personal data in the sense of the GDPR.

We may ask you to identify which country you are located in when you use or access some of the Services, or we may rely on your IP address to identify which country you are located in. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to individuals in a European Country or Brazil.

Legal Bases for Processing Your Personal Information

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Individual Rights. We provide you with the rights described below when you use our Services. We may limit your individual rights requests: (a) where denial of access is required or authorized by law; (b) when granting access would have a negative impact on other’s privacy; (c) to protect our rights and properties; or (d) where the request is frivolous or unrealistic. If you would like to exercise your rights, please submit your request via the method identified in the “Contact Us” section below.

• Right to access. You may have the right to obtain a copy of your personal information that we hold about you, as well as other supplementary information, such as the purposes of processing, the categories of personal information that we process, the entities to whom we disclose your personal information, etc.
• Right to rectification. You may have the right to request us correct any of your personal information in our files.
• Right to erasure. Under certain circumstances, you may have the right to request erasure of your personal information that we hold about you. To note, this right is not absolute, and we may refuse your right to erasure if there are compelling legitimate grounds for keeping your information.
• Right to restriction. You have the right to request that we restrict our processing of your personal information in certain circumstances. For instance, this right is available if you contest the accuracy of the personal information or you objected to our processing.
• Right to object to processing. You have the right to object to our processing of your personal information at any time and as permitted by applicable law if we process your personal information on the legal bases of: consent, or legitimate interests. However, we may continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.
• Right to portability. Under circumstances, you may have the right to receive personal information we hold about you in a structured, commonly used, and machine-readable format so that you can provide that personal information to another controller.
• Right to lodge a complaint. Without prejudice to any other administrative or judicial remedy, you may have the right to lodge a complaint with a supervisory authority in a specific region according to applicable law.
• Automated Decision-Making. PrimeIntellect may use automated tools to help determine whether a transaction or a customer account presents a fraud or legal risk. In some jurisdictions, you have the right not to be subject to a decision based solely on automated processing of your personal information, including profiling, which produces legal or similarly significant effects on you, save for the exceptions applicable under relevant data protection laws.

13. Contact Us

If you have any questions about this Privacy Policy, want to exercise a privacy right with respect to your personal information, or have a privacy-related complaint, please contact us by email at privacy@primeintellect.ai or by writing us at - Prime Intellect, Inc. / 1111B S Governors Ave STE 7703 Dover, DE 19904