Privacy

Effective as of August 20, 2023.

This "Privacy Policy" describes the privacy practices of Grid.ai, Inc. dba "Lightning AI" (collectively, "Grid.ai" dba "Lightning AI", "we", "us", or "our") in connection with the Grid.ai dba "Lightning AI" and any other website that we own or control and which posts or links to this Privacy Policy (collectively, the "Service"), and the rights and choices available to individuals with respect to their information.

Grid.ai dba "Lightning AI" is an online platform that enables users to train their machine learning models on cloud infrastructure. This Privacy Policy does not apply to information that we process on behalf of our business customers while providing the Grid.ai dba "Lightning AI" platform to them. Our use of such information is governed by the applicable agreement with the relevant business customer. If you have concerns regarding personal information that we process on behalf of a business, please direct your concerns to that business.

Our Service is designed for businesses and their representatives. We do not offer products or services for use by individuals for their personal, family, or household purposes. Accordingly, we treat all personal information we collect as pertaining to individuals in their capacities as business representatives and not their individual capacities.

Grid.ai dba "Lightning AI" may provide additional or supplemental privacy policies to individuals for specific products or services that we offer at the time we collect personal information. These supplemental privacy policies will govern how we may process the information in the context of the specific product or service.

We provide important information for individuals located in the European Economic Area and United Kingdom (collectively, "Europe" or "European") in the section labeled "Notice to European users" below.

Personal information we collect How we use your personal information How we share your personal information Your choices Other sites and services Security practices International data transfers Children Changes to this Privacy Policy How to contact us Notice to European users

Personal information we collect

Information you provide to us.

Personal information you may provide to us through the Service or otherwise includes:

• Business contact information, such as your first and last name, email and mailing addresses, phone number, professional title and company name.

• Content you choose to upload to the Service, such as text, images, audio, and video, along with the metadata associated with the files you upload.

• Profile data, such as the username and password that you may set to establish an online account with us.

• Registration information, such as information that may be related to a service, an account or an event for which you register.

• Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us online.

• Transaction information, such as information about payments to and from you and other details of products or services you have purchased from us.

• Usage information, such as information about how you use the Service and interact with us, including information associated with any content you upload to the websites or otherwise submit to us, and information you provide when you use any interactive features of the Service.

• Marketing information, such as your preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications.

• Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

If you choose to login to the Service via a third-party platform or social media network such as GitHub or Google, or otherwise connect your account on the third-party platform or network to your account through the Service, we may collect information from that platform or network.

Automatic data collection.

We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and activity occurring on or through the Service, such as:

• Device Data, such as your device operating system type and version number, manufacturer and model, device identifier (such as the Google Advertising ID or Apple ID for Advertising), browser type, screen resolution, IP address, the website you visited before browsing to our website, general location information such as city, state or geographic area.

• Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access. Our service providers and business partners may collect this type of information over time and across third-party websites and mobile applications.

Cookies and similar technologies.

Like many online services, we use the following technologies:

• Cookies, which are text files that websites store on a visitor's device to uniquely identify the visitor's browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating analytics and online advertising.

• Local storage technologies, like HTML5 and Flash, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.

• Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email address was accessed or opened, or that certain content was viewed or clicked.

• Session Replay Technologies, we may use third-party services provided by Hotjar that employ software code to record users' interactions with the Services in a manner that allows us to watch DVR-like replays of those user sessions. The replays include users' clicks, mouse movements, scrolls and keystrokes/key touches during those sessions. These replays help us diagnose usability problems and identify areas for improvement. You can learn more about Hotjar at https://www.hotjar.com/legal/policies/privacy/.

See our Cookies Policy for more information.

Referrals

Users of the Service may have the opportunity to refer contacts to us. If you are an existing user, you may only submit a referral if you have permission to provide the referral's contact information to us so that we may contact them.

How we use your personal information

We use your personal information for the following purposes and as otherwise described at the time of collection:

To operate the Service.

We use your personal information to:

• provide, operate and improve the Service;

• provide information about our products and services;

• establish and maintain your user profile on the Service;

• communicate with you about the Service, including by sending you announcements, updates, security alerts, and support and administrative messages;

• understand your needs and interests, and personalize your experience with the Service and our communications;

• provide support and maintenance for the Service; and

• respond to your requests, questions and feedback.

For research and development.

We may use your personal information for research and development purposes, including to analyze and improve the Service and to develop new products and services, including by studying user demographics and use of the Service.

Marketing and Advertising.

We, our service providers and our third-party advertising partners may collect and use your personal information for marketing and advertising purposes.

• Direct marketing. We may send you Grid.ai dba "Lightning AI"-related marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications as described in the Opt out of marketing section below.

• Interest-based advertising. We may engage third-party advertising companies and social media companies to display ads on our Service and other online services. These companies may use cookies and similar technologies to collect information about your interaction (including the data described in the automatic data collection section above) over time across the Service, our communications and other online services, and use that information to serve online ads that they think will interest you. This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms. You can learn more about your choices for limiting interest-based advertising in the Your choices section of our Cookie Notice.

To comply with law.

We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

For compliance, fraud prevention, and safety.

We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others' rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Service; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

With your consent.

In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

To create anonymous, aggregated or de-identified data.

We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated or de-identified data by removing information that makes the data personally identifiable to you. We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection:

Affiliates.

Our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

Service providers.

Companies and individuals that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, and website analytics).

Professional advisors.

Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others.

Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance, fraud prevention and safety purposes described above.

Business transferees.

Acquirers and other relevant participants in business transactions (or negotiations of or due diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Grid.ai dba "Lightning AI" or our affiliates (including, in connection with a bankruptcy or similar proceedings).

Your choices

In this section, we describe the rights and choices available to all users.

Access or update your information.

If you have registered for an account with us through the Service, you may review and update certain account information by logging into the account.

Opt out of marketing communications.

You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. You may continue to receive service-related and other non-marketing emails.

Cookies.

For information about cookies employed by the Service and how to control them, see our Cookie Notice.

Choosing not to share your personal information.

If you do not provide information that we need to operate the Service, we may not be able to provide all Service features to you. If you decide not to provide your personal information for additional purposes, this might limit your use of certain features of the Service.

Third-party platforms or social media networks.

If you choose to connect to the Service through your social media account or other third-party platform, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party.

Other sites and services

The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

Security practices

We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, no security measures are failsafe and we cannot guarantee the security of your personal information.

International data transfers

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

Children

The Service is not intended for use by children under 16 years of age. If we learn that we have collected personal information through the Service from a child under 16 without the consent of the child's parent or guardian as required by law, we will delete it.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

How to contact us

Please direct any questions or comments about this Policy or privacy practices to [email protected]. You may also write to us via postal mail at:

Grid.ai, Inc. dba "Lightning AI"
Attn: Legal – Privacy
50 West 23rd St Suite 702, New York, NY 10010

If you are based in Europe, please note that you can also contact our UK or EU representative directly. For their contact information, please refer to the section below labelled "Notice to European users".

Notice to European users

The information provided in this "Notice to European users" section applies only to individuals in the United Kingdom ("UK") and the European Economic Area (i.e., "Europe" as defined above).

Controller.

Grid.ai, Inc. dba "Lightning AI" is the controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation.

Personal information.

For European users, references to your "personal information" in this Privacy Policy should be understood to include a reference to your "personal data" (as defined in the GDPR).

Our Representatives in Europe.

• For users in the European Economic Area: Our EU representative appointed under the EU General Data Protection Regulation is VeraSafe. You can contact them:

◦ By website: https://verasafe.com/about-us/contact-us/

◦ By telephone: +420 228 881 031

◦ By postal mail:
VeraSafe Ireland Ltd.
Unit 3D North Point House North Point Business Park New Mallow Road
Cork T23AT2P Ireland

• For users in the UK: Our UK representative appointed under the UK GDPR is VeraSafe. You can contact them:

◦ By website: https://verasafe.com/about-us/contact-us/

◦ By telephone: +44 (20) 4532 2003

◦ By postal mail:
VeraSafe United Kingdom Ltd.
37 Albert Embankment
London SE1 7TL United Kingdom

Legal bases for processing.

We use your personal information only as permitted by law. Our legal bases for processing the personal information described in this Privacy Policy are described in the table below.

Processing purpose	Legal basis
To operate the Service	Processing is necessary to perform the contract governing our provision of our services or to take steps that you request prior to signing up for the services. If we have not entered into a contract with you, we process your personal information based on our legitimate interest in providing the services you access and request.
For research and developmentMarketing and AdvertisingFor compliance, fraud prevention and safetyTo create aggregated, de-identified or anonymized data	These activities constitute our legitimate interests. We do not use your personal information for these activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
To comply with law	Processing is necessary to comply with our legal obligations.
With your consent	Processing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the services.

Use for new purposes.

We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Sensitive personal information.

We ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Service, or otherwise to us.

If you provide us with any sensitive personal information to us when you use the Service, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our Service.

Retention.

We retain personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

When we no longer require the personal information we have collected about you, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. If we anonymize your personal information (so that it can no longer be associated with you), we may use this information indefinitely without further notice to you.

Your rights.

The GDPR gives you certain rights regarding your personal information. European users may ask us to take the following actions in relation to your personal information that we hold:

• Access. Provide you with information about our processing of your personal information and give you access to your personal information.

• Correct. Update or correct inaccuracies in your personal information.

• Delete. Delete your personal information.

• Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.

• Restrict. Restrict the processing of your personal information.

• Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

You may submit these requests by email to [email protected] or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction.

• For users in the European Economic Area: The contact information for the data protection regulator in your place of residence can be found here: https://edpb.europa.eu/about-edpb/board/members_en

• For users in the UK: The contact information for the UK data protection regulator is below:

The Information Commissioner's Office
Water Lane, Wycliffe House
Wilmslow – Cheshire SK9 5AF
Tel. +44 303 123 1113
Website: https://ico.org.uk/make-a-complaint/

Where we are based.

We are established in the United States. This means that the personal information that we collect from and about you will be stored and processed in the United States.

Your personal information may also be stored and processed in other countries outside Europe – including countries in respect of which the European Commission or UK Government (as and where applicable) has not issued 'adequacy decisions' under the GDPR ("Restricted Countries").

What this means is that the European Commission or UK Government (as and where applicable) hasn't reached a decision to confirm that the relevant laws and practices in the Restricted Country in question are sufficient to ensure an adequate level of protection for personal data to the standards required by the GDPR – for example, there is currently no such decision in respect of the United States.

However, if and where required by the GDPR, it is our policy to apply adequate contractual or other safeguards to personal information when it is processed in or transferred to Restricted Countries. For example – where required, we may enter into appropriate data transfer agreements based on the so-called 'Standard Contractual Clauses' approved from time-to-time under the GDPR by the relevant body.

Please contact us if you want to find out more information about how we transfer your personal data.