Privacy Policy

Your privacy is important to us at Andromeda Cluster, Inc., and our affiliates, subsidiaries, and related entities (collectively “Andromeda”, or “us” or “we”), publisher of the gpulist.ai site (“Site”), and we take our obligations regarding your privacy seriously. Our listing service is intended for businesses interested in selling and buying by-the-week GPU cluster services, and our Site is 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 Site. When you access or use our Site or otherwise disclose information to us on or through the Site, we will handle your information in accordance with this Privacy Policy.

By visiting or using any of the services available on our Site, 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 our data practices as explained herein, then you must immediately cease all use of our Site.

I. Information We Collect From You and Your Use of the Site

Andromeda collects the following types of personally identifying information (“PII”) when you use the Site:

1. When you post a listing as a seller:
   When you post a new listing, we will collect the GPU details of your offering you provide, including the cloud service provider, company name, start and end dates of your offering, your email contact, and additional details. This information will be publicly posted in your listing so that interested parties may contact you. We will collect log information including date and time of your posting.
   
   We will also collect information when an interested party responds to your posting. We will collect log information for responses made to your listing through our Site, and responses and your replies made through our Site using proxy email services will be collected. We also may combine or aggregate information you provide or that we collect regarding your use of the Site. We use all this information to evaluate and improve our services, gather statistics, and may monitor it to prevent fraud or abuse, although we undertake no obligation to monitor communications between sellers and interested parties who respond to listings, but reserve the right to block users who engage in illegal, unethical, or prohibited practices on our Site.
   
   We will also collect your contact information and other information you provide if you contact us with questions or comments regarding our Site.
2. When you contact a seller through a listing:
   We will collect information when you respond to a listing by a seller on our Site. We will collect log information when you contact a seller through a listing on our Site, and we collect your responses and seller replies made through our Site using proxy email services. We also may combine or aggregate information you provide or that we collect regarding your use of the Site. We use all this information to evaluate and improve our services, gather statistics, and may monitor it to prevent fraud or abuse, although we undertake no obligation to monitor communications between sellers and interested parties who respond to listings, but reserve the right to block users who engage in illegal, unethical, or other prohibited practices on our Site.
   
   We will also collect your contact information and other information you provide if you contact us with questions or comments regarding our Site.
3. Strictly necessary, functional cookies.

To collect some information, a cookie or other tracking tool may be set on your computer or device when you use or visit our Site. This tracking technology contains information that allows our servers to recognize you. We may automatically collect information about your use of features of our Site, about use of the functionality of our Site, frequency of visits to our Site, and other information related to your interactions with the Site.

We may link the information we store in cookies or through other mechanisms to the PII you submit while using our Site. 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 Site. 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 Site may not work or work properly.

We do NOT use cookies (or other technology) to allow: third-party cookies, track your other online activity, deliver advertising, or share your data with third parties for marketing. WE DO NOT SELL YOUR PERSONAL INFORMATION as phrased is used in the California Consumer Privacy Act.

II. How We Use Information We Collect

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

• provide, operate, and maintain our Site;
• improve, personalize, and expand our Site;
• understand and analyze how people use our Site;
• develop new products, services, features, and functionality;
• communicate with you for customer service and support purposes;
• communicate with you regarding other services we offer (you may opt-out and unsubscribe at any time)
• to provide you with updates and other information relating to the Site;
• monitor and analyze trends, usage and activities in connection with our Site;
• protect the rights, property, and safety of Andromeda and others;
• 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 or prohibited practices; 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.

III. How We Share Information

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

• At Your Request. We will share information you provide to us that you intend to be shared with another party, such as sharing a seller’s listing on our Site, or using a proxy email service to send an interested party’s response to a seller in response to a listing.
• Contractors and Service Providers. We may share information with third-party contractors and service providers under confidentiality restrictions who help us to operate our Site, such as hosting providers.
• 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.

IV. 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 service you requested; (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 Site and communicating with you as necessary to provide the service, for example when responding to your queries, improving our platform, 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.

V. 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 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.

VI. 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.

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

Andromeda is the controller of information it collects directly or indirectly from you through the Site and your use of the Site. 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 Site, 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.

VIII. 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 Site.
• “Shine the Light” Law. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Site 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.

IX. 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.

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.

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.

X. 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. Andromeda does not track visitors to our Site across third-party websites and therefore we do not respond to “Do Not Track” signals.

XI. 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 Site. 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.

XII. 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 Site, we will notify you through our Site, by email, or other communication.

XIII. 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.

XIV. Contact Us

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