Privacy Statement

LAST REVISED: MAY 29, 2023

At Gallium, we take privacy seriously. We have high expectations of ourselves with regarding to treating your data the way we’d like our own to be treated.

This Privacy Policy explains who we are and how we collect, share, and use personal data.

Our Pledge on Privacy

We are transparent about the different types of information we collect and how we use them. We do not share your personal information with any third parties except in accordance with our Privacy Policy.

Specifically, Gallium will:

- Be clear with individuals when collecting personal information via the site;

- Incorporate privacy-by-design principles into our development of the Products;

- Use industry-standard best practices and data security tools to keep your data safe and protect the Products from unauthorized access; and

- Provide customers and administrators with information to help them understand how their use of the Products may include the processing of personal information.

Gallium will not:

- Sell personal information to third parties;

- Use personal information for any purpose other than the one for which we originally collected it without first providing further information;

- Use or access customer data for any purpose other than developing, maintaining, enhancing the Products and providing them to the customer, and on occasion, where permissible, keeping you informed about further products and services; or

- Share customer data across different customer environments.

Privacy Policy

This Privacy Policy applies to https://www.Gallium.cloud ('Site'), which is owned and operated by Gallium, Inc., together with our worldwide subsidiaries and affiliates (collectively, 'Gallium,' 'Company,' 'we' or 'us'). The data controller of your personal information is Gallium.

Gallium provides a cloud-based software platform and operating system via the Site, for managing computing workloads (such software platform, 'Console,' and together with the hardware products, our 'Hypervisor'). This Privacy Policy explains how we collect, retain, use, and disclose personally identifiable information ('Personal Information') gathered through the Site and the Products. This Privacy Policy is subject to and incorporates by reference our Terms of Service (located here: https://gallium.cloud/terms-of-service ).

We may update this Privacy Policy from time to time in response to changing legal, technical or business developments. When we update our Privacy Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Please check back from time to time to review the current Privacy Policy which is effective as of the revision date listed below.

What Personal Information Does Gallium Collect And Why?

The Personal Information that we may collect about you broadly falls into the following categories:

A. Personal Information Collected Directly Through the Site, Console, and Our Interactions With You

Certain parts of our Site and/or Console may ask you to provide your contact details in order to register an account with us, to subscribe to marketing communications from us, and/or to submit enquiries to us.

We will also collect the following types of information and Personal Information directly from you through the Site, Console and our interactions with you:

- Your Console account authentication information (e.g., email, encrypted password);

- Personal Information contained in legal agreements (such as invoices and orders);

- Personal Information included in any job inquiry when you respond to a Gallium job listing, including by emailing us;

- Personal Information shared with Gallium as part of technical support services that we provide to customers, including account and Product configuration information, usage data, and/or other similar information;

- Personal Information you provide to us in communications with us, during a phone call with a Gallium representative or via webinars and events.

We use this information to:

- Provide the Site, including its related offerings, services, and programs, and to improve the Site and Console by better understanding how users access and use the Site and Console and to customize their experience;

- Authenticate Console users;

- Process Product orders;

- Effectuate or enforce a transaction or agreement;

- Respond to requests or inquiries including for customer service or job listings;

- Provide technical support and troubleshooting for users of the Site and Console;

- From time-to-time, send you information that we believe may be of interest to you, including news and offers about our products and services or those of our chosen partners, where permissible to do so under data protection law. Examples can include our blog, newsletter, and co-marketing efforts with our reseller partners.

B. Information that we collect automatically

When you interact with the Site and Console, we strive to make your experience easy and meaningful. Our Site and Console use technology, or those of third-party service providers, such as cookies, web beacons (clear GIFs) and similar technologies to track user activity and collect site data including analytics information about your use of and activity of the Site or within Console (i.e., automatically collected through the Site, such as the website from which visitors came, Site visitors' IP address, browser type and other information relating to the device through which they access the Site or Console). We may combine this data with the Personal Information we have collected from you.

- Cookies

We (including our chosen third-party service providers) use cookies to track visitor activity on the Site and Console. A cookie is a text file that a website transfers to your computer’s hard drive for record-keeping purposes. Our cookies assign a random, unique number to each visitor’s computer. They do not contain information that would personally identify the visitor, although we can associate a cookie with any identifying information that is or has been provided to us while visiting the Site. We use cookies that remain on your computer for a specified period of time or until they are deleted (persistent cookies). We may also use cookies that exist only temporarily during an online session (session cookies) – these cookies allow us to identify you temporarily as you move through the Site. Most browsers allow users to refuse cookies, but doing so may impede the functionality of some portions of our Site.

- Third Parties

As noted, we may also engage third parties to track and analyze Site and Console activity on our behalf. To do so, these third parties may place cookies or web beacons to track user activity on our Site and within Console. We use the data collected by such third parties to administer and improve the quality of the Site including Console, analyze usage of the Site and Console, and provide a more enhanced user experience on the Site and Console, such as personalizing and delivering relevant offers and content based on user activity on the Site and Console. We do not provide these third parties with your Personal Information.

C. Information Collected Through the Products

Some information is processed and stored directly on the Hypervisor server. However, we collect Personal Information from and through certain of the Products as part of their routine functioning and/or in connection with enhanced features enabled by the customer.

We use information collected from the Products to:

- Authenticate users;

- Provide the Products to customers and to improve them;

- Send customer alerts (e.g., server outages.) generated by your Products;

- Respond to customer requests or inquiries, and for similar, customer service-related purposes;

D. Information From Other Sources

From time to time, we may obtain Personal Information about you from third-party sources, including publicly available sources such as professional contact pages of company websites.

We may also receive Personal Information about you from companies who provide us with marketing services, but only where these third parties either have your consent or are otherwise legally permitted to disclose your Personal Information to us.

The types of information we collect from other sources include your professional contact information (such as name, office address, work email address, work phone number).

We use this information to send you material that we believe may be of interest to you, including news and offers about our products and services, where permissible to do so under data protection law.

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 where we have your consent to do so, where we need the Personal Information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. 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.

If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not (as well as of the possible consequences if you do not provide your Personal Information).

Similarly, if we collect and use your Personal Information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are. If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided under the “How to Contact Us” heading below.

Disclosure of Information and Personal Information

We may disclose your Personal Information as follows:

- In connection with the process of fulfilling orders, providing, or performing functions on our behalf (e.g., such as third-party service providers, contractors, payment processors, banks, and collection agencies);

- To provide our Products and services;

- To service providers to provide you, on our behalf, information relating to our Products or services that we believe you may find of interest;

- To any competent law enforcement body, regulatory, government agency, court or other third party in response to a subpoena or where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;

- To an actual or potential buyer (and its agents and advisers) in connection with any actual or proposed purchase, merger or acquisition of any part of our business, or to other third parties in the voluntary or involuntary dissolution (bankruptcy) of our business, provided that we inform the third party it must use your personal information only for the purposes disclosed in this Privacy Policy; and

- To any other person with your consent to the disclosure.

Your Data Protection Rights (For EEA and UK residents)

You have the following data protection rights (depending on the context in which we process your information):

- If you wish to access, correct, update or request deletion of your Personal Information, you can do so at any time by contacting us using the contact details provided under the “How to Contact Us” heading below.

- You have the right to object to processing of your Personal Information when we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us using the contact details provided under the “How to Contact Us” heading below.

- Similarly, if we have collected and processed your Personal Information with your consent, 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.

- 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. We may ask you to verify your identity in order to help us respond efficiently to your request.

Data Retention

We retain Personal Information where we have 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 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 backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

How We Protect Personal Information

We maintain appropriate technical and organizational security measures to protect the security of your Personal Information against the loss, misuse, unauthorized access, disclosure, or alteration. For example, we use encryption technology to secure your Personal Information during transmission.

We limit access to Personal Information to those who have a business need. We keep Personal Information only for as long as it is necessary for the purposes for which it was collected and to provide you with products, services, or to fulfill our contracts. When Personal Information is no longer needed, we have procedures in place to either delete or anonymize it.

Children's Privacy

Our Site and Console are not directed to children under the age of 16, and we do not knowingly collect Personal Information from children under the age of 16. If we learn that we have collected Personal Information from a child under the age of 16, we will take steps to delete such information as soon as possible. If you become aware that a child has provided us with Personal Information, please contact us using the contact details provided under the “How to Contact Us” heading below.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this Privacy Policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Policy frequently to be informed of how we are protecting your information.

How to Contact Us

If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us at info@gallium.cloud

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