Privacy Policy

Introduction

Foundation LLM Technologies, Inc. dba Foundation EGI ("Company," "we," "us," or "our") respects your privacy and is committed to protecting it through our compliance with this policy. Depending on how you use our Website and associated services, we may act as a "controller" (or "business") or a "processor" (or "service provider") under applicable privacy laws.

This policy describes the types of information we may collect from you or that you may provide when you visit the website foundationllm.com, any subdomain, use any software-as-a-service (SaaS) services, use or access our services that utilize large language model artificial intelligence features ("AI Features"), or otherwise interact with our website (collectively, our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information. If you use our Website through an organization (e.g., your employer), that organization may be the controller of personal information processed through the services, and our processing may be governed by a separate data processing addendum or similar agreement.

Capitalized terms not defined herein have the meanings set forth in our Terms of Use.

This policy applies to information we collect:

• On this Website including in connection with our SaaS services, including account administration, billing, support, and security.
• In email, text, and other electronic messages between you and this Website.
• When you utilize any services offered through the Website.
• Through using our AI Features.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party; or
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 18

Our Website is not intended for children and we do not knowingly collect personal information from children under 13 (or such higher age as may be required by applicable law). If you are under the applicable minimum age, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child without legally required consent, we will delete that information. If you believe we might have any information from or about a child, please contact us at legal@foundationllm.com.

Residents of certain states under 18 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

• By which you may be personally identified, such as name, postal address, email address, telephone number, online identifiers (such as device identifiers and cookie IDs), or any other identifier by which you may be contacted online or offline ("personal information");
• That is about you but individually does not identify you, such as aggregated usage data; and/or
• About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, approximate location derived from IP address, device and browser information, and information collected through cookies, web beacons, pixels, SDKs, and other tracking technologies, including third-party tools that help us understand engagement, attribute marketing activity, enrich lead information, and prioritize prospective customers. Where required by law, we will obtain your consent before placing or reading non-essential cookies or similar technologies.
• From third parties, for example, our business partners, service providers (such as analytics, marketing, and customer support providers), and publicly available sources (such as professional or business contact information), where permitted by law.

Information You Provide to Us

The information we collect on or through our Website may include:

• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you report a problem with our Website.
• Records and copies of your correspondence for support (including email addresses), if you contact us.
• Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
• Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, "posted") transmitted to other users of the Website, including by using our AI Features, or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk.

Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. For information about managing your privacy and security settings for cookies, see Choices About How We Use and Disclose Your Information.

Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We do not collect personal information automatically, but we may tie non-personal information collected automatically to personal information about you that we collect from other sources or that you provide to us, including by using third-party tracking and enrichment tools to associate website activity with business contact information and to prioritize prospective customers.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. We may also use third-party analytics, marketing, attribution, and lead-enrichment tools that may use cookies, pixels, web beacons, and similar tracking technologies to collect information about you when you use our Website. The information collected may be associated with your personal information or combined with information obtained from other sources (for example, business contact and company information) to help us measure marketing effectiveness, personalize outreach, and prioritize prospective customers. Depending on your location, this activity may constitute "targeted advertising," "sharing," or a "sale" of personal information under certain U.S. state privacy laws, and you may have the right to opt out as described below. These third parties may use this information to provide interest-based (behavioral) advertising or other targeted content, subject to your choices described in this policy.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information (and information collected via cookies and similar technologies, including through third-party tools), for the purposes described in this policy and, where applicable law requires, based on an appropriate legal basis (such as consent, performance of a contract, compliance with law, or our legitimate interests).

• To present our Website, services, and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account/subscription, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Website or any products or services we offer or provide through it.
• To allow you to participate in interactive features on our Website.
• To improve our services and offerings, including by analyzing usage, measuring marketing performance, enriching lead information, and prioritizing prospective customers (including through third-party tools).
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

We may also use your information to contact you about our own services that may be of interest to you. If you do not want us to use your information in this way, please contact us. For more information, see Choices About How We Use and Disclose Your Information.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy. We do not sell personal information for money; however, we may share personal information for targeted advertising or similar purposes as described above, which may be considered a "sale" or "sharing" under certain U.S. state privacy laws.

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business (including hosting, analytics, marketing, customer support, payment processing, security, and AI/GenAI providers) and who are bound by contractual obligations to keep personal information confidential, use it only for the purposes for which we disclose it to them, and provide appropriate safeguards as required by applicable law.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Foundation LLM Technologies, Inc.'s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Foundation LLM Technologies, Inc. about our Website users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms of use, any sales agreement, and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Foundation LLM Technologies, Inc., our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. You may also manage your preferences for non-essential cookies and similar technologies through our cookie banner or similar on-site controls (where available). If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. Where required by law, we honor opt-out preference signals (such as the Global Privacy Control) for certain processing, including targeted advertising.

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Residents of certain states may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Accessing and Correcting Your Information

You can review and change your personal information by sending us an email at legal@foundationllm.com to request access to, correct, delete, or obtain a copy of certain personal information that you have provided to us. We may need to verify your identity before responding to your request. We may not accommodate a request where we cannot verify your identity, where an exception applies under applicable law, or if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Residents of certain states may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Correct inaccuracies in their personal information, taking into account the information's nature processing purpose (excluding Iowa and Utah).
• Data portability.
• Opt-out of personal data processing for:
  • targeted advertising (excluding Iowa);
  • sales; or
  • profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
• Either limit (opt-out of) or require consent to process sensitive personal data.

The exact scope of these rights may vary by state. To exercise any of these rights, please email us. To appeal a decision regarding a consumer rights request, please email us and include "Privacy Rights Appeal" in the subject line.

GDPR Privacy

Legal basis for processing personal data under the European Union General Data Protection Regulation (GDPR) (and, where applicable, the UK GDPR). We may process personal data under the following conditions:

• Consent: You have given your consent for processing Personal Data for one or more specific purposes.
• Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
• Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
• Vital interests: Processing Personal Data is necessary in order to protect your vital interests or of another natural person.
• Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
• Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Your Rights under the GDPR

The Company undertakes to respect the confidentiality of your Personal Data and to guarantee you can exercise your rights.

You have the right under this Privacy Policy, and by law if you are within the EU, to:

• Request access to your Personal Data. The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you. This also enables you to receive a copy of the Personal Data we hold about you.
• Request correction of the Personal Data that we hold about you. You have the right to have any incomplete or inaccurate information we hold about you corrected.
• Object to processing of your Personal Data. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to our processing of your Personal Data on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
• Request erasure of your Personal Data. You have the right to ask us to delete or remove Personal Data when there is no good reason for us to continue processing it.
• Request the transfer of your Personal Data. We will provide to you, or to a third-party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw your consent. You have the right to withdraw your consent on using your Personal Data. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the service.

Exercising your GDPR Data Protection Rights

You may exercise your rights of access, rectification, cancellation and opposition by contacting us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, if you are in the European Economic Area (EEA), please contact your local data protection authority in the EEA.

AI Features

We will receive details about your interactions with our AI Features (including the contents of your Input, Output, queries, or prompts, etc.) to provide, secure, and generally improve our services. Where permitted by applicable law, we may use such information to improve our services and AI Features; however, we do not use Customer Content submitted through paid SaaS accounts to train or improve third-party foundation models except as authorized by the customer in writing (for example, via an enterprise agreement or data processing addendum). Your user account information (e.g., username and email) is not shared with any third-party except our GenAI Providers and other service providers acting on our behalf under appropriate contractual restrictions.

We will also have access to your interactions with our AI Features for the purpose of delivering our Website and services, improving our services, delivering support to you, and maintaining safety, security, and compliance (including preventing fraud, abuse, and violations of our Terms of Use).

Data Security

We have implemented administrative, technical, and physical measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls, and we use encryption in transit and, where appropriate, at rest.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users' personal information, we will provide notice as required by applicable law, including by email to the primary email address specified in your account and/or through a notice on the Website. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: legal@foundationllm.com