Privacy Policy

Last Modified: September 12, 2023

ColdQuanta, Inc., DBA Infleqtion. (“Company,” “we,” “our,” or “us”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. Capitalized terms used and not defined in this Privacy Policy have the meanings given to them in our terms of use, available at https://www.infleqtion.com/terms (“Terms of Use”).

Our Privacy Policy explains how we collect, use, share and protect information in relation to our Platform, and the choices you can make about the collection and use of your information. This policy applies to personal information we collect from any User.

This Privacy Policy constitutes a legally binding agreement between the Company and you, governing your use of the Platform. By accepting the terms on the applicable pop-up screen, visiting the Website or using or accessing the Platform, in any way, you represent and warrant that you have read and understood and agree to be bound by all of the terms and conditions of this Privacy Policy and our Terms of Use. If you do not agree to this Privacy Policy, please do not register for, enter, use or access the Website or Platform in any way.

1. CHANGES TO THIS PRIVACY POLICY

This Privacy Policy applies to any User or visitor to or of the Platform. The Company may modify this Privacy Policy at any time, without notice. Any modifications will be posted on this page and will be effective from the date of such modifications, so we suggest you return to this page on a regular basis to view the Privacy Policy. Your continued use of the Platform after any modification will mean you agree to the Privacy Policy as modified. If you do not agree to a modification, you should terminate all use of the Platform immediately.

2. INFORMATION WE COLLECT

We collect, store, and use the following categories of information.

2.1 Information you give us:

· Your username, password, name, email address, institutional affiliation, and any other information you share when you create a native account directly on the Platform or otherwise access the Platform.

· Your Third Party Service username, email address, profile picture, and any other information you share when you create an account on the Platform or otherwise access the Platform through a Third Party Service, including an OAuth token provided to the Company by such Third Party Service.

· Your responses to surveys that we may ask you to complete for research purposes or to help direct Company activities.

· Your separate username and password and any other information pertaining to accessing IBM quantum hardware, if applicable.

· Your payment information, such as credit card, bank account or other financial information, is collected by us and/or our third-party payment processor on our behalf if you make a purchase through the Platform.

· Your User Code, data sets, and any other information you share when accessing and using our Platform.

· Any information you share when you contact us and any communications between you and the Company, including Feedback.

2.2 Information we get from your use of the Platform:

· Details of how you use the Platform (e.g., pages you visit, how much time you spend on those pages, how many API calls you send, User Code, User Output, etc.).

· Your internet protocol address (i.e., IP address) and, if you access the Platform from a mobile application, your unique mobile device ID number and non-email authentication.

· Details of financial transactions you participate in on the Platform, including the amount, currency, and method of payment.

· Details of the optimizations you create with your compiler for particular quantum hardware systems.

· If you use the Platform from a mobile device, that device will send us data about your location based on your phone settings. We will ask you to opt-in before we use GPS or other tools to identify your precise location.

2.3 Other Sources

We may obtain data that is publicly available or from third party sources, such as address verification services, to improve the accuracy of and add to what we know about our Users. We may combine this publicly available information with your personal information for the purposes described in this Privacy Policy.

3. HOW DO WE USE THE INFORMATION WE COLLECT?

We use the information we collect for a variety of purposes, including to improve the Platform, optimize our technology, and refine and customize our offerings and user experience. In particular, we use the information we collect to:

· Administer and provide the Platform, enable you to use its features, and improve the overall User experience and make future improvements, as well as to identify and develop new products or services.

· Conduct our internal operations.

· Communicate with you through email, text, SMS, message via social media platforms, telephone, or any other medium for which we have contact information so that we can provide you with information and updates about us, our work, and our community, and to make it easier for you to share such information about us with your social networks.

· Send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.

· Respond to comments and questions and provide technical support and customer support.

· Analyze how Users use the Platform using tools like Google Analytics and other tools to help us understand traffic patterns and observe User behavior.

· Create reports on Users who use various types of hardware for various types of quantum applications using aggregated/anonymized data about User behavior and the types of problems being solved using quantum technology via the Platform.

· Identify problems with, and monitor and test the effectiveness of, the Platform, as well as diagnosing and fixing any such problems.

· Create targeted advertising to promote the Platform and engage the community and our Users.

· Protect, investigate, and deter against fraudulent, unauthorized, or illegal activity and violations of our Terms of Use and Privacy Policy.

· Compare information for accuracy, update our records, and verify it with third parties.

· Process payments using third party payment processors or through direct deposit and fulfill order requests made by Users.

· Comply with applicable laws, rules, and regulations.

4. DO WE SHARE YOUR PERSONAL INFORMATION?

We do not rent, sell, or share your identifiable personal information with other people or non-affiliated third parties except with your consent or as necessary to complete any transaction (as further described below) or provide you with the Platform or any specific service you have requested or authorized. However, as further described in our Terms of Use, we may aggregate or anonymize your User Code and User Outputs and provide such aggregated or anonymized User Code or User Outputs to other Users on the Platform generally. To help us do our work, we may provide limited access to some of your personal information to the following third parties:

4.1 Platform Service Providers:

We work with a wide range of third-party providers, notably our database administrators, cloud computing services, advertising services, hardware providers, Google, Y! Finance, social media platforms and payment processors to provide the Company’s services and make the Platform available. We do not authorize them to use or disclose your personal information except in connection with providing their services to us, which enable us to provide our services to you. Certain third-party services have their own privacy policies with respect to the personal data required for your use of their services. Our Privacy Policy only applies to our Platform, and we are not responsible for the privacy practices, security standards, or content of other sites or such service providers. We recommend that you read their privacy policies so you can understand the manner in which your personal data will be handled by these providers. The third party providers we use and share information with may change from time to time.

4.2 Payment processors:

We work with payment processors to help process credit card transactions and other payment methods made through the Platform. These payment processors will store certain information about you. Our Privacy Policy only applies to our Platform, and we are not responsible for the privacy practices, security standards, or content of such vendors. We recommend that you read their privacy policies so you can understand the manner in which your personal data will be handled by these providers. The payment processors we use and share information with may change from time to time.

4.3 Affiliates:

We may share your information (including, without limitation, information from device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that the Company is part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Platform (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences). These Affiliates will honor the choices you make about who can see your content.

4.4 Anonymized Data:

In addition to our use of aggregated or anonymized User Code and User Outputs as noted above and in our Terms of Use, we may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

4.5 Legal Requirements:

In certain circumstances, we may be required to access, preserve and disclose your information in response to a legal request (like a search warrant, court order or subpoena) as required by law or legal or regulatory proceeding. We will only share the information we are required to disclose by law and only when we are required to do so. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

4.6 What Happens in the Event of a Change of Control:

If we sell or otherwise transfer part or the whole of the Company or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information and any other information collected through the Platform may be among the items sold or transferred. You will continue to own your User Code and User Output subject to the terms of our Terms of Use and the licenses you grant to us therein. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy or notify you of any changes to it.

5. HOW DO WE SECURE YOUR PERSONAL INFORMATION?

Your information collected through the Platform may be stored and processed in the United States or any other country in which the Company, its Affiliates, syndication partners or service providers maintain facilities.

5.1 Data Storage and Transfer

The Company, its Affiliates, or service providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please refer to Section 9 for other choices and rights you may have under this Privacy Policy. By registering for and using the Platform you consent to the transfer of information to the U.S. or to any other country in which the Company, its Affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

5.2 Keeping Your Information Safe

We care about the security of your information and use commercially reasonable safeguards to help keep the information collected through the Platform secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to the Platform. However, the Company cannot ensure the security of any information you transmit to the Company or the Platform or guarantee that information on the Platform may not be accessed, disclosed, altered, or destroyed.

Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails and texts between you and the Company, at all times. Any changes in the social media services that you use to connect to the Platform may also affect your privacy settings. We are not responsible for the functionality, privacy, or security measures of any other organization.

5.3 How Long We Keep Your Information

The Company will retain your information for as long as is necessary for the purposes set out in this Privacy Policy, for as long as your account is active, and as needed to use the Platform, whichever period is longer. As a User, you control how long your account remains active. Following termination or deactivation of your account, the Company, its Affiliates, or its service providers may retain archived copies of your information (including your profile information) and User Code and User Outputs.

6. YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION

You have certain rights with respect to the use of personal information on the Platform. Please contact us at legal-notices@infleqtion.com to exercise any of the below rights.

6.1 Delete or Correct Personal Information

You may review, access, correct, amend, or delete personal information we have about you by emailing us at legal-notices@infleqtion.com. For your protection, we may only share and update the personal information associated with the specific account with respect to which you send us your request, and we may need to verify your identity before doing so. We will try to comply with such requests in a reasonably timely manner. If you wish to cancel your account, you may do so by emailing us at legal-notices@infleqtion.com. If you do, personally identifiable information associated with your account will be deleted as soon as is reasonably practical or as required by applicable law. Please note that we may retain information that is otherwise deleted in anonymized and aggregated form, in archived or backup copies as required pursuant to records retention obligations, or otherwise as required by law.

There may be times when we are unable to fulfill your request – for example, if providing access to your personal information would reveal confidential commercial or proprietary information or personal information about someone else (and we cannot separate your data), if we are prohibited by law from disclosing the information, or if we have a legal obligation to retain certain data. We may require additional personal information from you for the purposes of verifying your identity and rights, and may require that any request to delete describe with specificity what you would like us to delete, before we honor such request.

If you are a resident of California or accessing the Platform in the European Union, please see Section 9 below.

6.2 Download or Access Personal Information

You can ask us for a copy of all information that we have about you, as well as information about its processing, by emailing us.

6.4 Opting Out of Email Communications

If at any time you would like to unsubscribe from our email list, you may do so by following the unsubscribe instructions provided in the email you receive from us or by disabling that option in your account settings, once such account settings are available and only if you set up a native account with us. Despite your indicated email preferences, we may send you Platform-related communications, including notices of any updates to our Terms of Use or this Privacy Policy.

6.5 Opting Out of Marketing Communications

We may use some of the information we collect for marketing purposes, including to send you promotional communications about new Company features, products, events, or other opportunities. If you wish to stop receiving these communications or to opt out of use of your information for these purposes, please follow the opt-out instructions by clicking "Unsubscribe" (or similar opt-out language) in those communications. You can also email us to opt out.

7. LINKS TO THIRD PARTY WEBSITES

We may provide links to other websites. We have no control over these websites and they are subject to their own terms of use and privacy policies. As such, we do not endorse and are not responsible for the availability of, or for any content, advertising, products, or other materials on or available from, these third party websites. By using the Platform, you agree that we will not be liable for any damage or loss caused by your use of or reliance on any content, advertising, products, or other materials on or available from these third party websites.

8. CHILDREN UNDER 18

The Platform is not directed to individuals who are under age of eighteen (18) and we do not solicit nor knowingly collect personal information from children under the age of eighteen (18). If you believe that we have unknowingly collected any personal information from someone under the age of eighteen (18), please contact us immediately at legal-notices@infleqtion.com and the information will be deleted.

9. OTHER CHOICES AND RIGHTS YOU MAY HAVE

9.1 European Union (“EU”) Data Subject Rights

If you are an EU data subject, we provide you with choices about the collection, use and disclosure of your personal data. You may exercise these rights by contacting us in writing by electronic mail or by telephone at the web address or telephone number provided under Section 10. Unless explicitly stated otherwise, we will respond to your request as soon as possible, but at the latest within one month. Your rights include:

· Accessing your personal data to know what information we have collected about you and how it has been shared;

· Requesting the deletion of all or some of your personal data;

· Changing or correcting inaccurate or outdated information;

· Objecting to, limiting or restricting use of all or some of your personal data;

· Requesting a copy of your personal data, including in a portable format; and

· Lodging a complaint with your supervisory authority if you believe we have violated your privacy rights or applicable laws and regulations.

9.2 California Privacy Rights

Sections 1 and 2 set forth the categories of personal information that the Company collects and processes about you, a description of each category, and the sources from which we obtain each category. Under the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”), you have a right to request information about our collection, use, and disclosure of your personal information over the prior 12 months, and ask that we provide you with the following information:

· Categories of and specific pieces of personal information we have collected about you;

· Categories of sources from which we collect personal information;

· Purposes for collecting, using, or selling personal information;

· Categories of third parties with which we share personal information;

· Categories of personal information disclosed about you for a business purpose;

· If applicable, categories of personal information sold about you and the categories of third parties to which the personal information was sold, by category or categories of personal information for each third party to which the personal information was sold;

· The categories of information we have disclosed to any third party for any third party’s direct marketing purposes during the preceding year; and

· The names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed.

Further, pursuant to the CPRA, you have the right to opt out of our sharing or disclosing your personalized data to third parties in certain circumstances, and to request that we correct any inaccuracies in your personal information. You may make such a request by contacting us in writing by electronic mail or telephone as provided in Section 10. You have a right to nondiscrimination for consumers who exercise their CCPA and CPRA rights. California law also requires that we disclose how we respond to “do-not-track” requests from our Users. You have a right to opt out of the “sale” of any data containing personal information. At this time, we do not currently respond to “do-not-track” requests from our Users’ browsers and we do not use your personal data for any automated decision-making or data profiling.

Please note that at this time we are not subject to the CCPA or CPRA and so this Section 9 does not apply to you unless you are a California resident and we are subject to the CCPA or CPRA in the future.

10. CONTACT US

If you have any questions about this Privacy Policy, your personal information, or the Platform, you can contact us by emailing legal-notices@infleqtion.com or mail us at the below address: ColdQuanta, Inc., DBA Infleqtion, 141 W Jackson Blvd, Unit 1875 Chicago, IL 60604. Please contact us if you have any complaints or concerns with respect to your privacy. If you believe we are unable to assist you, you have the right to lodge a complaint with a supervisory authority in the relevant jurisdiction. However, we are committed to working with you to resolve any complaint or concern you may have with respect to your privacy.