EXHIBIT A
INFERMATIC INC.
Privacy Policy
Updated June 19, 2024

This Privacy Policy incorporates by reference the Company’s Terms & Conditions and all defined terms set forth in the Terms & Conditions, as set forth on this website and accessible at Terms and Contions.  This Privacy Policy describes how Company and its affiliates collect, use, and share information in connection with Customer’ use of the Company Websites and Services. Except as expressly set forth herein, the use of information collected through the Company Websites and Services will be limited to the purpose of providing the Services which the Customer uses. If Customer does not agree with the provisions of this Privacy Policy as set forth herein, or the Terms & Conditions, Customer may not access or use the Company Websites, Services, sites, solutions, products or other aspects of the Company’s business.  The Company will not sell, rent or lease Customer personal information except as provided for by this Policy. The Company may also share other information as provided by this Policy.  This Privacy Policy does not apply to data our customers may process when using our Services.

Company may collect and receive information about Customer and/or users of our Services from various sources, including: (i) information Customer provides through Customer’s user account related to the Services (Customer’s “Account”); (ii) Customer’s use of the Services; and (iii) from third-party websites, services and partners. Company recommends that Customer read this Privacy Policy in full to ensure Customer is fully informed. If Customer has any questions about this Privacy Policy or Company’s data collection, uses, and disclosure practices, please contact Company at admin@infermatic.ai.

1. Information Company Collects

Information Customer Provides:

  1. Account Registration.When Customer creates an Account, Company may request Customer’s contact information, including items such as name, company name, address, email address, and telephone number. If Customer chooses to refer another individual or entity to Company, Company may also collect the aforementioned referred party’s contact information as well.
  2. Payment Information.When Customer adds Customer’s financial account information to Customer’s Account, that information may be directed to a third-party payment processor. Company may store Customer financial account information on Company’s systems and Company may retain user information directly or indirectly through a third-party payment processor.
  3. Communications. If Customer contacts Company directly, Company may receive additional information about Customer such as Customer’s name, email address, phone number, the content(s) of the message and/or attachments Customer may send Company, and any other information Customer may choose to provide. Company may also receive a confirmation when Customer opens an email from us.

Company only requires that Customer provide customary personal information that is necessary to set up an Account.

Information Company Collects When Customer Uses Company Websites or Services:

  1. Cookies and Other Tracking Technologies.Company gathers certain information automatically and stores it in log files. In addition, when Customer uses Company Websites or Services, Company may collect certain information automatically from Customer’s device. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data, landing page, and referring URL. To collect this information, a cookie may be set on Customer’s computer or device when Customer visits Company Websites or uses Services. Cookies contain a small amount of information that allows Company servers to recognize Customer. Company may automatically collect information about Customer use of Company Websites and/or Services, about the functionality of Company Websites and/or Services, frequency of Customer visits, and other information related to Customer interactions with Company Websites and/or Services. Company may track Customer use across different websites and services. In some jurisdictions, including countries in the European Economic Area (“EEA”), the information referenced above in this paragraph may be considered personal information under applicable data protection laws.
  2.  Usage of our Services.When Customer uses Company Services, Company may collect information about Customer engagement with and utilization of Company Services, such as processor and memory usage, storage capacity, navigation of our Services, and system-level metrics. Company uses this data to operate the Services, maintain and improve the performance and utilization of the Services, develop new features, protect the security and safety of Company Websites, Services, Customer, other customers, and provide customer support. Company also uses this data to develop aggregate analysis and business intelligence that enable Company to operate, protect, make informed decisions, and report on the performance of Company’s business

Information Company Receives from Third Parties:

  1. Third-Party Accounts.If Customer links Services to a third-party account, Company will receive information about that account, such as Customer authentication token from the third-party account, to authorize linking. If Customer wishes to limit the information available to Company, Customer should evaluate the privacy settings of the third-party accounts.

2. How Company Uses Information

Company uses the information collected in various ways, including to:

  • Provide, operate, and maintain Company Websites and Services;
  • Improve, personalize, and expand Company Websites and Services;
  • Understand and analyze how customers use Company Websites and Services;
  • Develop new products, services, features, and functionality;
  • Communicate with Customer, either directly or indirectly through third parties, including for customer service, to provide Customer with updates and other information relating to the Service, and for marketing and promotional purposes;
  • Process Customer’s transactions;
  • Send Customer notifications;
  • Find and prevent fraud; and
  • For compliance purposes, including enforcing our Terms & Conditions, or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.

3. How Company Shares Information

Company may share the information Company collects in various ways, including the following:

  • Affiliates.  The Company may share Customer information and data collected by the Company Websites and/or Services with businesses that are legally part of the same group as the Company which share common ownership and/or control, directly or indirectly, or that become part of that group in the event of a change of control, merger, acquisition or sale.
  • Vendors and Service Providers. Company may share information with third-party vendors and service providers that provide services to Company or on Company’s behalf, such as helping to provide Company Services, for promotional and/or marketing purposes, and to provide Customer with information relevant to Customer such as customer and technical support, product announcements, software updates, special offers, or other information.
  • Aggregate Information. Where legally permissible, Company may use and share information about users or customers with Company’s partners in aggregated or anonymized form that cannot reasonably be used to identify Customer.
  • Third-Party Partners. Company also shares information about users or customers with third-party partners in order to receive additional publicly available information about Customer.
  • Information Company Shares When Customer is Referred. If Customer creates an Account to use Services through a referral, Company may share information with Customer’s referrer to let said referrer know.
  • Analytics. Company may use analytics providers to use cookies to collect non-identifying information.
  • 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. Company may also share information to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce this Privacy Policy and Terms & Conditions, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to Customer’s requests; or (v) protect Company’s rights, property or safety, Company’s users, customers, and the general public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.
  • With Customer Consent. Company may share other information permitted by Customer if Customer provides consent orally or in writing.

4. Legal Basis for Processing Personal Information

Company’s legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which it is collected.

Generally, Company will collect personal information from Customer only (i) where Company needs the personal information to facilitate commercially reasonable practices and policies; (ii) where Company need the personal information to perform the Services; (iii) where the processing is in Company’s legitimate interests and not overridden by Customer’s rights; or (iv) where Company has Customer’s consent to do so. Company has a legitimate interest in operating Company Websites and Services and communicating with Customer as necessary to provide said Services, such as responding to customer queries, improving Company Websites and Services, undertaking marketing, or for the purposes of detecting or preventing illegal activities.

Company may also have a legal obligation to collect personal information from Customer or may otherwise need the personal information to protect Customer’s vital interests or those of another person.

If Company requests that Customer provide personal information to comply with a legal or business requirement or to perform the Services for Customer, Company will make this clear at the relevant time and advise Customer whether the provision of Customer personal information is mandatory or not, as well as of the possible consequences if you do not provide your personal information.  Company is not responsible and is not liable for any claim, cause of action, or other outcome which may arise as a result of Customer’s failure to produce personal information upon request.

5. Third-party Services

Company may make available and Customer may access other third-party services through the Company Websites or Services, for example by clicking on links to those third-party services from within the Company Websites. Company shall not be responsible for the privacy policies, terms of service and/or practices of these third-party services, and Company encourages Customer to carefully review the privacy policies, terms of service and/or practices of any such third-party services.

6. Security

The Company follows generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect Customer information and data.  Company shall make commercially reasonable efforts to protect Customer data and information. Company may employ a variety of security technologies and measures designed to protect information from unauthorized access, use, or disclosure. The measures undertaken by the Company shall be commercially reasonable and provide a level of security appropriate to the risks associated with the nature of the Customer’s data and information. Customer acknowledges the internet, Company Websites, the Services, and any online methods or transfer or platforms generally cannot be guaranteed to be fully secure.  In the event of an incident affecting Customer’s personal information, Company shall act promptly to undertake commercially reasonable efforts to identify and address said incident and to notify Customer.

7. Data Retention

Company retains personal information collected from Customer where Company has an ongoing legitimate business need to do so, including but not limited to providing the Services, complying with applicable legal, tax, or accounting requirements, and security measures.   When Company no longer has an ongoing legitimate business need to process Customer’s personal information, Company will make commercially reasonable efforts either delete or anonymize said personal information or, if this is not possible (for example, because your personal information has been stored in standard backup archives), then Company will make commercially reasonable efforts to securely store Customer personal information and isolate said personal information from any further processing until deletion is possible.

Company does not store any input prompts or model outputs provided by Customers. Any data entered or submitted via API and any responses generated by hosted models are processed in real-time and are not saved, recorded, or used for any purpose beyond the immediate interaction.

8. Access

If Customer has registered and Account, Customer may access certain information associated with Customer’s Account via the Company Websites. If Customer terminates Customer’s Account, any public activity on Customer’s Account prior to deletion may remain stored on Company’s servers and may remain accessible to the public. To protect Customer’s privacy and security, Company may also make commercially reasonable efforts to verify Customer’s identity before updating or removing Customer’s data or information. The information Customer provides to Company may be archived or stored periodically by Company according to standard backup processes conducted in the ordinary course of business for disaster recovery purposes. Customer ability to access and correct Customer information may be temporarily limited where access and correction could: (1) inhibit Company’s ability to comply with any legal obligation; (2) inhibit Company’s ability to investigate, make or defend legal claims; (3) result in disclosure of personal information about a third party; or (4) result in breach of a contract or disclosure of trade secrets or other proprietary business information belonging to Company or a third party.

9. Compliance with Foreign Jurisdiction Law, Rules, and Regulations

Company is a Delaware corporation lawfully formed under the laws of the State of Delaware.  This Privacy Policy and the Terms & Conditions are governed by the laws of the State of Delaware, as set forth under the provisions of the Terms & Conditions.  Company shall make its best efforts to comply with the law, rules, and regulations of all jurisdictions where the Company’s Services are offered.  In furtherance of said compliance efforts, Customer may send notices to Company as follows:

  • If Customer wishes to access, correct, update, or request deletion of Customer’s personal information, Customer may do so at any time by emailing admin@infermatic.ai.
  • Customer may object to the processing of Customer’s personal information, and request the Company make commercially reasonable efforts to restrict the processing of Customer’s personal information, or request portability of Customer’s personal information. Customer may do so at any time by emailing admin@infermatic.ai.
  • Customer may opt-out of marketing communications Company send to Customer at any time. Customer may exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails Company sends to Customer. To opt-out of other forms of marketing, Customer may do so at any time by emailing admin@infermatic.ai.
  • As set forth under the provisions of this Privacy Policy, Company may collect and process Customer personal information with Customer consent.  Customer may withdraw Customer’s consent at any time. Withdrawing Customer’s consent will not affect the lawfulness of any processing Company conducted prior to the withdrawal of said consent, nor will it affect the processing of Customer’s personal information conducted in reliance on lawful processing grounds other than consent.  If the withdrawal of Customer’s consent includes the collection and processing of information material to the Company’s Services or Company Website, and said withdrawal cannot be consistent with the provisions of this Privacy Policy and the Terms & Conditions, then Customer shall immediately cease any and all use of Company Websites and Services upon notice of Customer’s withdrawal.

10. Customer Choices

The Company may permit Customer to use some of the features of the Company Website and Services without registering or setting up an Account, thereby limiting the type of information the Company may collect. Customer may unsubscribe from receiving certain promotional emails from Company. If Customer wishes to do so instructions shall be found at the end of the email. If Customer unsubscribes, Company may still contact Customer for informational, transactional, account-related, or similar purposes. Many browsers have an option for disabling cookies, which may prevent Customer’s browser from accepting new cookies or enable selective use of cookies. If Customer chooses not to accept cookies, some features and the personalization of Company Websites or Services may no longer work as intended for Customer.

11. Children’s Privacy

Company does not knowingly collect, hold, maintain, or permit any customer or user to provide, information from or about children under the age of 18 or the applicable digital age of consent for any applicable jurisdiction, whichever is higher (“Children”).  Children are prohibited from using Company Websites or Services. If Customer learns that any Children have provided Company with personal information, or that personal information about any Children has been provided to Company in violation of this Privacy Policy, Customer shall immediately alert Company at admin@infermatic.ai.

12. Changes to this Privacy Policy

This Privacy Policy may be modified from time to time.  As set forth under the provisions of the Terms & Conditions, it is Customer’s responsibility to monitor this webpage for any such modifications or changes. Changes to this Privacy Policy will be posted on the applicable website amongst the Company Websites. If Company materially change the ways in which Company uses or shares personal information previously collected from Customer through Company Websites or Services, Company may notify Customer through Company Websites, Services, by email, or other communication.

13. International Data Transfers

The Company is generally located in the United States.  However, Company is an internet-based global business. Company may transfer personal information to countries or jurisdictions other than the country or jurisdiction in which the data was originally collected. These countries or jurisdictions may or may not have the same data protection laws as the country or jurisdiction in which Customer initially provided the information. When Company transfers Customer’s personal information to other countries or jurisdictions, Company will make commercially reasonable efforts to protect that information as described in this Privacy Policy and the Terms & Conditions.

14. Contact Company

If Customer has any questions or concerns about this Privacy Policy, Customer may contact Company at admin@infermatic.ai.