ANDROMEDA CLUSTER PRIVACY POLICY

Last updated January 11, 2024Your privacy is important to us at Andromeda Cluster, Inc., and our affiliates, subsidiaries, and related entities (collectively Andromeda, or us or we), and we take our obligations regarding your privacy seriously. Our offerings involve advanced technology that is intended for businesses and not for individual consumer or household use.This Privacy Policy describes how we collect, use, and share information in connection with access or use by a Client and its authorized personnel (you, or your,) use of or access to our websites (e.g., console.andromeda.ai) (Sites), our applications, our services, and our solutions (collectively, our Services). When you access or use our Services or otherwise disclose information to Andromeda, we will handle your information in accordance with this Privacy Policy.By using any of our Services, you are agreeing and consenting to the terms of this Privacy Policy. If you do not agree to any of these terms, or approve of Andromeda's data practices as explained herein, then you must immediately cease all use of our Services. Defined terms in the Andromeda Cluster Terms and Conditions have the same meaning in this Privacy Policy unless otherwise noted.

I. Information We Collect From You

Andromeda collects the following types of personally identifying information (PII):

Information Provided by Site Visitors.If you decide to sign up for information from us, such as to schedule a demo, attend a virtual event, or create an account to use the Services, Andromeda may collect the following PII from you: (1) first and last name, (2) organization name, (3) job title, (4) email address, (5) phone number, (6) location information including state/province and country, and (7) where applicable, a user-generated password for your account. If you provide us with feedback or contact to us by email, chat, or other means (e.g., in response to an employment opportunity posted on our Site, we will collect your name and email address, as well as any other content or information included in or attached to your message, in order to send you a reply. If you purchase services or products from us, we will also collect payment account and other financial information necessary to process your payment.We may combine the information we collect directly from you with information we obtain from public sources, partners, and other third parties and use such combined information in accordance with this Privacy Policy.

Information We May Collect via Technological Means.We, directly or through our service providers, gather certain information automatically and store it in log files when you visit our Sites or use our Services. This information may include, but is not limited to:

internet protocol (IP) addresses
browser type
Internet Service Provider (ISP)
referring/exit pages
operating system and version
date/time stamp
clickstream data
landing page URL
referring URL
device model and identifiers

To collect some of this information, a cookie or other tracking tool may be set on your computer or device when you use our Services and visit our Sites. This tracking technology contains information that allows our servers to recognize you. We may automatically collect information about your use of features of our Services, about the functionality of our Services, frequency of visits to our Sites, and other information related to your interactions with the Services and our Sites.We may link the information we store in cookies or through other mechanisms to the PII you submit while using our Services. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Services. You can remove persistent cookies at any time by following the directions in the Help section of your Internet browser. You can also disable all cookies on your Internet browser. If you choose to disable all cookies, be advised that some components of our Services may not work or work properly.

II. Usage of our Services

When you use our Services, we may collect information about your engagement with and use of our Services, such as the number, configuration, and usage of storage disk space, the number, configuration, and usage of computer processing units, nodes, and geographic locations, and other relevant system-level metrics. We use this data to operate the Services, maintain and improve the performance and utilization of the Services, develop new products and features, protect the security, safety, and accessibility of our Services for our customers, and to provide customer support. We also use this data to develop business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of our business.When you provide us with Source Data for processing, that data is kept strictly confidential by us and will only be shared as required to provide you with the Services you have requested or otherwise with your consent; provided, however, we may be required by law, such under a subpoena or court order, to disclose such information, in which case, unless prohibited by law, we will notify you to permit you the opportunity to prevent or seek confidential treatment of the disclosure.

III. Location Information

We collect information about the location of your device using methods that may include GPS, wireless networks, cell towers, and Wi-Fi access points. The processing of location information (as described in this Privacy Policy) is necessary for the purpose of preventing fraud and providing fraud-prevention security measures for individuals.We do not use or track your precise location unless you have first provided consent to do so.

IV. Information We Receive from Others

If you choose to link our Services to an account for services from a third party, we will receive information about that account, such as your authentication token from the third-party account, to authorize linking. If you wish to limit the information available to us, you should visit the privacy settings of your third-party accounts to learn about your options. This Privacy Policy does not apply to information collected through or by any third party. If you have any questions about such third parties' privacy practices, you should review their privacy policies.

V. How We Use Information

We may use information we collect or receive in various ways, including to:

provide, operate, and maintain our Services;
improve, personalize, and expand our Services;
understand and analyze how you use our Services;
market and promote our Services;
develop new ways to partner with our potential and registered Clients;
develop new products, services, features, and functionality;
communicate with you, either directly or through one of our contractors, including for customer service and support purposes;
to provide you with updates and other information relating to the Services;
send you notices, text messages and push notifications in connection with the Services;
monitor and analyze trends, usage and activities in connection with our Services;
protect the rights, property, and safety of Andromeda and others;
perform billing and other operational functions in connection with our business;
link or combine with information we get from others to help us understand your needs and provide you with a better experience;
carry out any other purpose described to you at the time the information was collected;
maintain appropriate records for internal administrative purposes;
comply with legal and regulatory requirements, required disclosures and choices and controls that may be available;
find and prevent fraud and other illegal activity; and
for compliance purposes, including enforcing our agreement terms or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.

We also may use aggregated or de-identified information, which cannot reasonably be used to identify you. Once de-identified and aggregated so that data does not personally identify you (for example, we may aggregate data in order to improve our automation and improve care), it is no longer personal information. Such de-identified and/or aggregated information which does not identify individuals is not subject to this Privacy Policy.

VI. How We Share Information

We may share the information we collect in various ways, including the following:

Contractors and Service Providers. We may share information with third-party contractors and service providers that provide services on our behalf, such as helping to provide our Services, for promotional and/or marketing purposes, and to provide you with information relevant to you such as product announcements, software updates, special offers, or other information.
Analytics. We use trusted analytics providers to help us analyze data we collect to better understand how our Services are used and how we might improve them. Analytics services typically use cookies to collect non-identifying information. See our disclosures regarding cookies to review your options in allowing or disallowing cookies used for analytics and other purposes.Business Transfers. Information may be disclosed and otherwise transferred to any potential acquirer, successor, or assignee as part of any proposed merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
As Required By Law and Similar Disclosures. We may also share information to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce this Privacy Policy and our Terms and Conditions, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to your requests; or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.
With Your Consent. We may share information with your consent for the purposes disclosed at the time you provide your consent.

VII. Legal Basis for Processing Personal Information

Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you such as a purchase order for reserved Disk and Cluster resources; (ii) where the processing is in our legitimate interests and not overridden by your rights; or (iii) where we have your consent to do so.We have a legitimate interest in operating our Services and communicating with you as necessary to provide these Services, for example when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.

VIII. Third-party Services

You may access other third-party services through our Sites or your use of the Services, for example by clicking on links to those third-party services from within our Sites or if a third-party service has been integrated with the Services. We are not responsible for the privacy policies and/or practices of these third-party services, and we encourage you to carefully review their privacy policies. The fact that we may link to a third-party website or integrate or configure a solution or tool into the Services from a third party is not an endorsement, authorization, or representation of any affiliation by us with that third party, nor is it an endorsement of their privacy or information security policies or practices.

IX. Security

Andromeda is committed to protecting your information. To do so, we implement appropriate administrative, technical, physical, and organizational measures designed to protect your PII and Source Data from unauthorized access, use, processing, or disclosure. We follow industry standards on information security management to safeguard sensitive information, such as personal information entrusted to us. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. However, please bear in mind that no online platform can be 100% secure. Therefore, we cannot guarantee the absolute security of your personal information.

X. Data Retention

We retain personal information we collect from you where we have a legal obligation or an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements).When we have no ongoing legitimate business need or legal obligation to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in standard backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.If you have any questions about the retention of your personal data, you can contact Andromeda at privacy@andromeda.ai.

XI. Data Protection Rights Under the EU General Data Protection Regulation (GDPR)

Data protection law in certain jurisdictions differentiates between the controller and processor of information. In general, you are the controller of the Processed Customer Data (described above in this Privacy Policy) that you upload to the Services and Andromeda is the processor of such disclosed information.Andromeda is the controller of information it collects directly or indirectly from you through the Sites or non-Processed Customer Data collected directly or indirectly through your use of the Services. If you are an individual and a resident of the EEA, you may have the following data protection rights:

Access/Correction/Deletion of Your Data. If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time by emailing privacy@andromedacluster.ai.
Objection/Restriction of Certain Processing. You can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information by emailing privacy@andromedacluster.ai.
Withdrawal of Consent to Process. If we have collected and processed your personal information with your consent, without a separate legal basis under the GDPR to process your data, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
File a Complaint. You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.However, if Andromeda receives data through a third party or a customer of its Services, Andromeda has no direct relationship with the individual whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct their query to the third party or Andromeda customer within whose account such individual's data exists (the data controller).Andromeda currently utilizes Standard Contractual Clauses in connection with transfers of data from the EEA to the US. Please also refer to our Data Processing Agreement (Andromeda as Controller) for more information about data transfers. The processing of personal data through cookies, tokens and similar tracking technologies (as described in this Privacy Policy) is strictly necessary for the purpose of preventing fraud and providing fraud-prevention security measures for individuals.

XII. California Resident Rights

If you are a California resident, applicable state law may provide you with additional rights regarding our use of your personal information.Subject to certain exceptions under California law, California residents may have the following rights with respect to their personal information collected by Andromeda:Right to Know and Access. The right to request Andromeda disclose (i) a copy of the personal information that we collect about you; (ii) the categories of personal information that we collected about you; (iii) the purposes for which such personal information was collected, disclosed or sold; (iv) the categories of sources from which the personal information was collected; and (v) the categories of third parties with whom such personal information may have been shared.Right to Delete. The right to request that Andromeda delete the personal information that we or our service providers collected about you. There may be circumstances under which we will be unable to delete your personal information, such as if we need to comply with our legal obligations or complete a transaction for which your personal information was collected. If we are unable to comply with your request for deletion, we will let you know the reason why.Right to Correct. The right to request that Andromeda correct the personal information that we or our service providers collected about you.Right to Restrict Sensitive Information Processing. The right to request that Andromeda restrict the use and disclosure of your sensitive personal information (as defined under California law).Right to Equal Service. If you choose to exercise any of these rights, Andromeda will not discriminate against you in any way. If you exercise certain rights, you may be unable to use or access certain features of the Services.Shine the Light Law. California's Shine the Light law (Civil Code Section § 1798.83) permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@andromedacluster.ai.

Categories of Personal Information Collected	Sources of Personal Information	Purposes for Use of Personal Information (see How We Use the Data We Collect for more information)	Disclosures of Personal Information for Business Purposes (seeInformation Sharing and Disclosure for more information)
Contact information (e.g., name, organization, title, email address, phone number, mailing address including state/province, country)	You Public sources	Provide the services and customer service Communicate with you Analyze use of and personalize the services Improve the services Provide security, prevent fraud, and for de-bugging Comply with legal requirements	Service providers Law enforcement in the event of a lawful request With entities in the event of a business transaction With your consent Third-party services you select
Financial and transactional information (e.g., payment account information and purchase history)	You Payment processors	Provide the services and customer service Facilitate your payments Communicate with you Analyze use of and personalize the services Improve the services Provide security, prevent fraud, and for de-bugging Comply with legal requirements	Payment processors Law enforcement in the event of a lawful request With entities in the event of a business transaction With your consent
Login information (e.g., your account name and password)	You	Provide the services and customer service Provide security, prevent fraud, and for de-bugging Comply with legal requirements	Service providers Law enforcement in the event of a lawful request With entities in the event of a business transaction With your consent
Device and online identifier information (e.g., IP address, browser type, operating system, general location, and similar information)	You, through your device and connection	Provide the services and customer service Analyze use of and personalize the services Improve the services Provide security, prevent fraud, and for de-bugging Comply with legal requirements	Service providers Law enforcement in the event of a lawful request With entities in the event of a business transaction With your consent
Service usage information (e.g., the dates and times you use the services, how you use the services, and the content you interact with on the services)	You, through your device	Provide the services and customer service Analyze use of and personalize the services Improve the services Provide security, prevent fraud, and for de-bugging Comply with legal requirements	Service providers Law enforcement in the event of a lawful request With entities in the event of a business transaction With your consent

XIII. Additional information for Nevada residents

Under Nevada law, certain Nevada consumers may opt out of the sale of personally identifiable information for monetary consideration (as such terms are defined under Nevada law) to a person or that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident and you have purchased products or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing us at privacy@andromedacluster.ai. Please note we may take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

XIV. Exercising Your Rights (All Users)

Data protection laws change rapidly, and it is our intent to fully honor your rights under applicable law, now and in the future.If you have questions about your rights, or to exercise any rights with respect to your PII and information we process, submit an email request to privacy@andromedacluster.ai, or, if you are a user of the Services, you may submit a request through the chat function.In connection with submitting a request, you must provide the following information:

name
email address
phone number
address

and you must state what type of request you are making. Your legally authorized representative may make a request on your behalf related to your personal information.Andromeda will take steps to verify your identity prior to processing your request, and we may ask for additional information from you that helps us with this verification. Andromeda cannot respond to a request or provide personal information if we cannot verify the identity or authority to make the request. In addition, if Andromeda receives data through a third party or a customer of its Services, Andromeda has no direct relationship with the individual whose personal information it processes.An individual who seeks access, or who seeks to correct or delete data, should direct their query to the third party or Andromeda customer within whose account such individual's data exists (the data controller). If we deny a request, we will provide a response explaining the reasons we cannot comply with a request, if applicable.

XV. We Do Not Sell Your Personal Information.

Andromeda does not sell personal Information.You have the right to opt-out of the disclosure of your personal information with a third party for cross-contextual behavioral advertising purposes. To make such a request, please send an email to privacy@andromedacluster.ai.

XVI. How We Respond to Do Not Track Signals

Some web browsers have a Do Not Track feature or similar features that allow you to tell each website you visit that you do not want your activities on that website tracked. At present, the Sites and Services do not respond to Do Not Track signals and consequently, the Sites and Services will continue to collect information about you even if your browser's Do Not Track feature is activated. You may be able to disable tracking cookies by consulting the Help section of your browser.

XVII. Email Opt Out

You may opt out of receiving marketing or promotional emails from Andromeda by following the unsubscribe instructions in any email we send you. We will still be permitted to send you communications regarding your use of the Services, such as billing and other notices.

XVIII. Children's Privacy

Andromeda does not knowingly collect information from children under the age of 18, and children under 18 are prohibited from using our Services. If you learn that a child has provided us with personal information in violation of this Privacy Policy, you can alert us at privacy@andromedacluster.ai.

XIX. Changes to this Privacy Policy

This Privacy Policy may be modified from time to time, so please review it frequently. Changes to this Privacy Policy will be posted on our Sites. If we materially change the ways in which we use or share personal information previously collected from you through our Services, we will notify you through our Services, by email, chat, or other communication.

XX. International Data Transfers

Andromeda is based in the United States. We may transfer personal information to countries other than the country in which the data was originally collected. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your personal information to other countries, we will protect that information as described in this Privacy Policy.

XXI. Contact Us

If you have any questions or concerns about this Privacy Policy, please feel free to email us at privacy@andromedacluster.ai.