Privacy Policy

1. Scope of this Policy

This privacy policy (“Policy”) applies to:

• Nunchux AI, Inc. (“Nunchux,” “we,” “us,” “our”).
• Nunchux’s online properties (including our websites and websites or mobile applications that link to it), our social media pages (including X, Reddit, Instagram, YouTube, TikTok, LinkedIn), handles, or communities (including Discord), and our products and services, (the “Services”).

This Policy applies when you interact with us through our Services. It also applies anywhere it is linked. It does not apply to third-party websites, mobile applications, or services that may link to the Services or be linked to from the Services. Please review the privacy policies on those websites and applications directly to understand their privacy practices.

We may change this Policy from time to time. If we do, we will notify you by posting the updated version.

2. Personal Data We Collect

We may collect and process Personal Data to deliver the Services to you. “Personal Data” refers to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you or your household, and includes “personal information” or similar terms in applicable privacy laws.

We collect Personal Data from you directly, from the devices you use to interact with us, and from third parties. We may combine information from the Services together and with other information we obtain from our business records. We may use and share information that we aggregate (compile to create statistics that cannot identify a particular individual) or de-identify (strip information of all unique identifiers such that it cannot be linked to a particular individual) at our discretion.

Personal Data you give us

You may provide the following Personal Data to us directly:

• Contact information, including name, email address, telephone number.
• Professional information, including job title, as well as company name and size.
• Content you may include in survey responses.
• Information contained in your communications to us, including call recordings of customer service calls.
• Information you make available to us via a social media platform or community.
• Information contained in text prompts you input to the Services.
• Your use of our Services.
• Information you submit to inquire about or apply for a job with us.
• Any images or other files that you may upload to the Services.
• Any other information you submit to us.

Personal Data we collect automatically

We may use log files, cookies, or other digital tracking technologies to collect the following Personal Data from the device you use to interact with our Services. We also automatically create records when you use our API, make purchases, or otherwise interact with the Services.

• Device information, including IP address, device identifiers, and details about your web browser.
• Analytical information, including details about your interaction with our Services, website, app, and electronic newsletters.
• Diagnostic information, including web traffic logs.
• Business record information, including records of your purchases of products and services and use of our Services.

Personal Data we collect from other sources

We may collect the following Personal Data about you from third-party sources.

• Information about your interests, activities, and employment history from social networks and other places where you choose to share information publicly.
• Information about your interaction with ads that we place on third party websites, from online advertising companies.
• Information from SSO partners, such as Google Workspace or GitHub, when you sign on to our services via singles sign on.

3. How We Use Your Personal Information

We may use any of the Personal Information we collect for the following purposes.

• Service functionality: To enter a contract for services, to provide you with our products and services, including to take steps to send service communications, and conduct general business operations, such as accounting, recordkeeping, and audits.
• Account creation: To help you establish an account so that you can test or try out the models in our online model hub, upload to the model gateway, or customize models.
• Credits and purchases: To enter a contract for sale of credits or other products, fulfill orders, and send product communications. Payments are processed by our trusted third-party payment processor.
• Service improvement: To improve and grow our Services, including to understand how our Services are being used, our customer base and purchasing trends, and the effectiveness of our marketing.
• Aggregated Data: We process Personal Data in order to create aggregated and anonymized data to operate, maintain, protect, and improve the Services, including capacity planning, abuse prevention, and billing (“Aggregated Data”). When we generate and maintain Aggregated Data, it is no longer considered Personal Data subject to this Policy.
• Security: To protect and secure our Services, assets, network, and business operations, and to detect, investigate, and prevent theft, unauthorized use, or abuse of the Services and other activities that may violate our policies or be fraudulent or illegal.
• Legal compliance: To comply with legal process, such as warrants, subpoenas, court orders, and lawful regulatory or law enforcement requests and to comply with applicable legal and regulatory requirements.

4. How We Share Your Personal Data

We may share any of the Personal Data we collect with the following recipients.

• Service providers: We engage vendors to perform specific business functions on our behalf, and they may receive Personal Data about you from us or collect it directly. These vendors are obligated by contract to use Personal Data that we share only for the purpose of providing these business functions, which include:
  • Supporting Service functionality, such as vendors that support customer service and customer relationship management, application development, list cleansing, postal mailings, and communications (email).
  • Auditing and accounting firms, such as firms that help us create our financial records.
  • Professional services consultants, such as firms that perform analytics, assist with improving our business, provide legal services, or supply project-based resources and assistance.
  • Security vendors, such as entities that assist with security incident verification and response, service notifications, and fraud prevention.
  • Information technology vendors, such as entities that assist with website design, hosting and maintenance, data and software storage, and network operation.
  • Marketing vendors, such as entities that support distribution of marketing emails.
• Social media platforms: If you interact with us on social media platforms, the platform may be able to collect Personal Data about you and your interaction with us. If you interact with social media objects on our Services (for example, by clicking on an Instagram “like” button), both the platform and your connections on the platform may be able to view that activity. To control this sharing of Personal Data, please review the privacy policy of the relevant social media platform.
• Government entities/Law enforcement: We may share Personal Data when we believe in good faith that we are lawfully authorized or required to do so to respond to lawful subpoenas, warrants, court orders, or other regulatory or law enforcement requests, or where necessary to protect our property or rights or the health and safety of our employees, contractors, customers, or other individuals.
• Other businesses in the context of a commercial transaction: We may change our ownership or corporate organization while providing the Services. We may transfer to another entity or its affiliates or service providers some or all Personal Data about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. We cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your Personal Data as described in this policy.

5. Security

We use a combination of physical, technical, and administrative safeguards to protect the Personal Data we collect through the Services. While we use these precautions to safeguard your Personal Data, we cannot guarantee the security of the networks, systems, servers, devices, and databases we operate or that are operated on our behalf.

6. Your Options and Rights Regarding Your Personal Data

• Your Account: Please visit your account page to update your account information.
• Do Not Track: Your browser or device may include “Do Not Track” functionality. Our information collection and disclosure practices and the choices that we provide to you will continue to operate as described in this Policy regardless of whether a Do Not Track signal is received.

7. Special Information for Job Applicants

When you apply for a job with us, we may collect Personal Data from you, including:

• Information you provide in connection with your application.
• Information that you make available in your social media accounts.
• Information about you that is available publicly.
• Information that you authorize us to collect via third parties, including former employers or references.

In certain circumstances, you may submit your application for employment through a third-party service that displays our job posting. We do not control the privacy practices of these third-party services. Please review their privacy policies carefully prior to submitting your application materials.

8. Other Important Information

Data retention

We may store Personal Data about you for as long as we have a legitimate business need for it. We determine the retention period for the Personal Data that we collect based on (1) the length of time we need to retain the Personal Data to achieve the purposes for which we collected it, (2) any legal or regulatory requirements applicable to such Personal Data, (3) internal operational needs, and (4) any need for the Personal Data based on any actual or anticipated litigation or investigation.

Location of processing

We collect, process, and store your Personal Data in the United States. The laws in the United States regarding Personal Data may be different from the laws of your country.

Information about children

The Services are intended for users who are eighteen years old and older. We do not knowingly collect Personal Data from children. If we discover that we have inadvertently collected Personal Data from anyone younger than the age of 18, we will delete that Personal Data. Please contact us with any concerns.

9. Privacy Disclosures for Specific Jurisdictions

California — Your California Privacy Rights; “Shine the Light” Law

California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of Personal Data to third parties for their own direct marketing purposes in the preceding calendar year. We do not share your Personal Data with third parties for those third parties’ direct marketing purposes.

Nevada

Residents of the State of Nevada have the right to opt out of the sale of certain pieces of their information to third parties. Currently, we do not engage in such sales. If you are a Nevada resident and would like more information about our data sharing practices, please contact us.

10. Contact