Privacy Policy

EBPL (Company, we, our, us) operates a website -www.markhive.ai, partner website(s), software applications, dashboards, integrations, APIs and mobile application(s) including all versions, variations, updates, interfaces thereof (Collectively the "Portal"), through which the Company provides and enables access to artificial intelligence powered marketing, analytics, automation, advertising, optimisation, reporting, content generation, campaign management, strategic insights, integrations and related technology-enabled services more particularly detailed and described in Terms of Use ("Services").

The Company collects, receives, uses, shares, stores, accesses analyses, processes and otherwise handles information relating to any person or entity accessing, visiting, browsing, registering on, integrating with or otherwise using the Portal or Services (hereinafter referred to as the “User”, “you” or “your”). The Company values the privacy of its Users and is committed to protecting and processing User Information in accordance with applicable law and this Privacy Policy.

This privacy policy (the “Privacy Policy”) explains how the Company collects, uses receives, accesses, stores, uses, processes, analyses, shares, discloses, transfers, protects and otherwise handles information. You are advised to read this Privacy Policy carefully and in its entirety before you proceed to accessing Services or explore or visit the Portal.

While you have the option not to provide us with certain information or withdraw consent to collect certain information, kindly note that in such an event you may not be able to take full advantage of the entire scope of features and Services offered to you and we reserve the right not to provide you with our services.

This Privacy Policy must be read in conjunction and together with the Terms and Conditions of Use, available at: (*link)* ("ToU"). The capitalised terms not defined herein will have the meaning ascribed to them in the ToU.

By accessing our Services or by visiting, accessing or using the Portal, in part or full, you expressly agree and consent to be bound by the terms of this Privacy Policy.

• SCOPE OF POLICY
• This Privacy Policy applies to the Services, Portal, or any online / mobile application, and all related websites, dashboards, software, applications, APIs, integrations, communication channels, tools, functionalities and technology platforms or service operated, provided or made available by the Company that refers to or links to this Privacy Policy.
• This Privacy Policy applies irrespective of the manner or mode through which the User accesses or uses the Portal or Services, including through websites, mobile applications, desktop applications, APIs, integrations, third-party platforms, connected services, automated systems, communication interfaces or any other computer resource, device or technology platform capable of accessing or interacting with the Portal or Services.
• The User acknowledges and agrees that the Company may utilise, integrate with or rely upon third-party service providers, artificial intelligence systems, large language models, cloud infrastructure providers, analytics providers, APIs, automation tools, advertising platforms and other technology partners in connection with the operation of the Portal and provision of the Services.
• Accordingly, certain User Information may be processed, transmitted, stored, analysed or otherwise handled through or by such third-party systems and service providers in accordance with the applicable integrations, workflows and functionalities enabled by the User or utilised as part of the Services.
• The User further acknowledges that such third-party providers may maintain separate privacy policies, terms, data processing practices and operational standards governing their respective platforms and services and the Company does not exercise complete control over the same. Users are advised to independently review the applicable policies of such third-party providers before enabling integrations with or otherwise using such Third-Party Services.
• INFORMATION WE COLLECT

Personal Information & User Information: For the purposes of this Privacy Policy, "Personal Information" shall mean any information relating to an identified or identifiable natural person and "User Information" shall include Personal Information and all other information, data, records, materials, content and related information collected, received, generated, processed or otherwise handled by the Company in connection with the Portal or Services. In the course of the User’s interaction with, access to or use of the Portal or Services, the Company may collect, receive, access, generate or otherwise process the following categories of information:

• Information you submit/furnish to us: The User may provide information while registering an account, subscribing to Services, integrating third-party platforms, enabling APIs, corresponding with the Company, using AI-enabled functionalities, generating campaigns, uploading materials, furnishing prompts or otherwise interacting with the Portal or Services. Such information may include:
• Identity Information-
• Name of the User, authorised representative or business entity;
• Birth Date, or age information for eligibility and verification purposes;
• Gender information where voluntarily furnished;
• Identification proof, photographs, profile images, logos, brand assets and display information;
• Username, account credentials and profile information;
• Social media handles, websites, landing pages and online profiles;
• Contact Information-
• Mobile number and E-mail address;
• Residential Address and/or office address, billing address;
• communication preferences and contact history.
• Business & Marketing Information
• business name, business model and operational information;
• products, services, catalogues and pricing information;
• brand identity, brand guidelines, creatives, marketing materials and campaign information;
• target audience information, customer segments and marketing preferences;
• sales, advertising and promotional information;
• customer engagement data, audience insights and campaign objectives;
• customer relationship management data and integration information;
• website analytics, traffic data and performance metrics;
• advertising account information and social media account information.
• Financial and Billing Information-
• Bank account information including bank account number, ifsc codes, types of account, bank name and address, and other necessary information;
• credit card, debit card, UPI, wallet or payment information;
• billing details, invoices, tax information and GST details;
• subscription history, purchase history and transaction records.
• Information relating to subscriptions, usage plans, purchases, renewals, service history, feature utilisation, invoices, billing cycles and related commercial interactions with the Company.
• Technical & Device Information-
• IP address and network information;
• device identifiers and browser information;
• operating system information;
• device logs, crash reports and diagnostic information;
• cookies, tracking technologies and similar technologies;
• location and geolocation data;
• session data, access timestamps and usage activity.
• AI and Platform Usage Information
• prompts, instructions, commands, queries and inputs furnished by the User;
• AI-generated outputs, recommendations, summaries, reports and responses;
• uploaded content, creatives, media files, documents, datasets and campaign materials;
• automation workflows, deployment instructions and approvals;
• feedback, ratings, responses and support communications;
• usage behaviour, engagement metrics, interaction history and analytics;
• integration data relating to APIs, third-party platforms, cloud services, advertising platforms and connected tools.
• Information Collected Automatically

In addition to information furnished directly by the User, the Company and its authorised technology partners automatically collect, receive and process certain information when the User accesses, visits, browses, interacts with or uses the Portal or Services, or when the User's systems, devices, integrations or automated workflows communicate with the Portal. Such automatically collected information may include:

• Device & Network Information
• Internet Protocol (IP) address, MAC address and other network identifiers associated with the device or system used to access the Portal;
• Device type, device model, manufacturer information, hardware configuration and device identifiers including advertising identifiers (such as IDFA, GAID or equivalent identifiers);
• Operating system, version, system language, time zone settings and regional preferences;
• Browser type, browser version, browser plugins, rendering engine and related configuration information;
• Internet service provider (ISP), mobile network operator and connection type (WiFi, cellular, broadband or otherwise);
• Approximate or precise geolocation data, where enabled or inferable from network or device signals.
• Usage & Behavioural Information
• Pages visited, sections accessed, features used, buttons clicked, links followed and navigation paths within the Portal;
• Search queries, filters applied, content viewed and interactions with AI enabled tools, dashboards, reports and functionalities;
• Session duration, session frequency, time spent on specific pages or features and idle or inactivity periods;
• Access timestamps, login history, logout events, session identifiers and access logs;
• Referral URLs, traffic sources, entry and exit pages and campaign attribution data;
• Scroll depth, hover behaviour, click patterns and other user interaction signals captured through analytics technologies;
• Errors encountered, crash reports, diagnostic events and performance related telemetry generated during use of the Portal or Services.
• Cookie & Tracking Technology Information
• Cookies, pixel tags, web beacons, clear GIFs, tracking pixels, local storage objects (LSOs), session storage and similar tracking technologies placed on or accessed through the User's device;
• Information collected through first party and third party cookies, including session cookies, persistent cookies, analytics cookies, functional cookies and advertising cookies;
• Analytics and measurement data collected through integrated third party tools including but not limited to Google Analytics, Google Tag Manager, Meta Pixel, LinkedIn Insight Tag or equivalent analytics and advertising measurement platforms;
• Hashed or pseudonymised identifiers generated through tracking technologies for the purposes of analytics, attribution, retargeting or personalisation.
• API, Integration & Automated System Information
• API call logs, integration event data, request metadata, response codes, authentication tokens and access credentials (in encrypted or tokenised form) associated with third party platform integrations enabled by the User;
• Data exchanged between the Portal and connected third party platforms including advertising platforms, CRM systems, ecommerce platforms, social media APIs, cloud services and analytics tools, pursuant to integrations configured by the User;
• Automated workflow triggers, execution logs, scheduling metadata, data sync events and integration activity generated through the Company's automation functionalities;
• Webhook data, event payloads and callback information transmitted through or received by the Portal in connection with User configured integrations or automated processes.
• AI Crawl & Website Analysis Information
• Publicly accessible information, content, metadata, structural data, performance indicators and technical signals;
• Website architecture, page structure, URL patterns, sitemap data, internal and external linking structures, content taxonomy and technical SEO signals identified during crawl and analysis;
• On page content, headlines, metadata tags, image attributes, schema markup and other publicly accessible content elements analysed as part of the AI powered audit and reporting process;
• Website performance metrics, loading behaviour, mobile responsiveness signals and accessibility indicators captured during the analysis process;
• Competitive benchmarking signals and market intelligence data derived from publicly accessible digital sources as part of the analytical output.
• Communication & Interaction Information
• Records of communications between the User and the Company through email, in Portal messaging, chat, support tickets or other communication channels including the content, metadata and timestamps of such communications;
• Survey responses, feedback submissions, ratings, reviews and other information voluntarily submitted by the User through the Portal or in connection with the Services;
• Notification preferences, communication options and optouts and marketing consent records.
• Information we collect from third parties:
• In addition to information collected directly from the User or automatically through the Portal, the Company may receive, access, collect or otherwise obtain certain information about the User or the User's business from third-party sources in the ordinary course of providing, operating, improving and personalising the Portal and Services. Such third-party sourced information is handled in accordance with this Privacy Policy and, where applicable, the terms and data practices of the respective third-party source.
• The Company may receive information from third-party platforms, tools, services and data sources that the User has expressly connected, integrated or linked with the Portal, including advertising platforms, social media platforms, customer relationship management systems, e-commerce platforms, content management systems, email marketing platforms, cloud storage services and analytics tools. Such information may include account-level data, performance metrics, audience data, campaign data, creative assets, customer lists, engagement statistics and other business and marketing information made accessible to the Company pursuant to the User's authorisation and the applicable permissions granted at the time of integration.
• Where the User has authorised the Company to access third-party platform accounts, the Company may receive authentication credentials, access tokens, account identifiers and platform-specific data in accordance with the permissions granted by the User through the relevant platform's authorisation mechanism. The nature and scope of such information shall be governed by the access permissions enabled by the User and the data sharing practices of the respective third-party platform.
• The Company may also receive or access information about the User or the User's business from publicly available sources including public business directories, professional networking platforms, government and regulatory databases, public filings, publicly accessible websites and digital properties, publicly available marketing materials and other open or publicly accessible sources, for the purposes of verifying identity, conducting due diligence, enriching business profiles, improving analytical outputs or otherwise facilitating the provision of Services.
• The Company may receive information from its business partners, resellers, referral partners, affiliate networks, advertising networks and technology partners in connection with the facilitation, promotion, sale or delivery of the Services. Such information may relate to the User's identity, contact details, business profile, expressed interest in the Services or other commercially relevant information shared by such partners in accordance with their respective data sharing arrangements with the Company.
• To the extent the Services involve the analysis of the User's website or digital properties through the Company's Services and analysis functionalities, the Company may also obtain information about the User's digital presence, competitive landscape, industry positioning and market context from publicly accessible third-party sources, data intelligence providers, web analytics services and similar data providers, which may be used to supplement, contextualise or enrich the analytical reports and insights generated for the User.
• The Company may receive information from payment processors, banking partners, financial institutions and fraud detection service providers in connection with the processing of transactions, verification of payment instruments, detection of fraudulent activity and compliance with applicable financial and regulatory requirements.
• The User acknowledges that where information is received from third-party sources, the Company relies on such third parties to have obtained the requisite consents, permissions and authorisations necessary for the sharing of such information with the Company, and the Company does not independently verify the original basis of collection by such third parties. The User is advised to independently review the privacy policies and data practices of any third-party platform or service that the User integrates with or connects to the Portal.
• The Company may collect, receive, access, generate, derive, infer or otherwise process such other information, data, records, materials, metadata, logs, identifiers, communications, analytics, outputs, insights, behavioural information, technical information, integration data, operational information or other information of a similar nature as may be reasonably necessary for the operation, maintenance, improvement, security, compliance, support, administration or provision of the Portal or Services, or as may be furnished, generated or made available by or on behalf of the User in connection with the Portal or Services
• The User acknowledges that certain automatically collected information, particularly information collected through cookies and tracking technologies, may constitute Personal Information under applicable law depending on the jurisdiction and context of collection. The Company processes such information in accordance with this Privacy Policy and applicable legal requirements.
• The User may configure their browser or device settings to limit or restrict certain automatic collection mechanisms, including cookies. However, the User acknowledges that such restrictions may impair the functionality, performance or availability of certain features of the Portal or Services, and the Company shall not be responsible for any resultant limitations in the User's experience.
• WHY WE COLLECT INFORMATION

The Company collects, receives, accesses, stores, analyses, processes, uses, generates, derives, shares, discloses and otherwise handles Personal Information and User Information for specific, legitimate, and clearly defined purposes which may include following purposes:

To Provide and Operate Our Services

We collect your User Information primarily to deliver the AI marketing intelligence services you have requested. This includes creating and managing your account, enabling access to Portal’s features, processing your subscriptions, and ensuring the uninterrupted functioning of our tools, including AI-powered marketing analysis, campaign performance dashboards, audience insights, and competitive intelligence reports. Without this information, we would be unable to provide you with the core functionality of Portal.

To Power AI-Driven Marketing Intelligence

Company processes User Information including connected advertising account data, campaign metrics, audience segments, and behavioral signals. Such User Information may be collected to train, operate, and improve the AI models that generate insights and recommendations for you. This includes:

• providing AI-enabled functionalities, content generation, campaign management, performance marketing, analytics, reporting, strategic insights, recommendations and automations;
• Analyzing ad performance across connected platforms (such as Meta Ads, Google Ads, TikTok Ads, LinkedIn Ads, and others);
• Generating AI-powered recommendations, creative analysis, and competitive benchmarking;
• Extracting session summaries and storing user preferences to personalize your AI assistant experience over time;
• Enabling autonomous or semi-autonomous AI agent actions on connected platforms, where you have explicitly authorized such actions.

Account Registration, Administration and Subscription Management

The Company collects User Information primarily to register, create, maintain, administer and manage User accounts and subscriptions on the Portal. This includes verifying User eligibility, processing registrations, maintaining account records, managing subscription plans, enabling access to the relevant tier of Services, processing renewals and giving effect to any modifications, upgrades, downgrades or terminations of subscriptions. Without such User Information, the Company would be unable to create or maintain a User account or provide access to the Portal and Services.

Personalisation of Portal and Services

The Company uses User Information, including User preferences, prior interactions, usage patterns, feedback, User Actions, historical prompts and outputs, to personalise and tailor the User's experience on the Portal. This may include surfacing relevant User Deliverables, customising dashboard views, adapting the AI Agent's communication style and recommendations to the User's preferences, remembering reporting format preferences, and enabling the AI systems underlying the Services to improve their outputs for the User based on prior sessions and interactions. Personalisation is treated as a distinct and standalone processing purpose under this Privacy Policy.

Third-Party Platform Integrations

User may be required to enable integrations with Third-Party Services including advertising networks, social media platforms, analytics providers, customer relationship management systems, cloud service providers, artificial intelligence providers and other third-party services for using the full functionality of the Portal and the Services. In such cases, the Company collects and processes User Information, including OAuth credentials, API permissions, access tokens, account data and campaign metrics obtained from such Third-Party Services, for the sole purpose of facilitating, maintaining and operating such integrations and delivering the Services and User Deliverables dependent thereon. Such data obtained through Third-Party Service integrations is not sold, shared with other Users or used for any purpose beyond delivering the Services requested by the User. The User may revoke such access at any time through the relevant Third-Party Service's account settings, provided that revocation may limit, restrict or impair the availability, functionality or effectiveness of certain Services or features of the Portal.

Authentication, Security and Fraud Prevention

The Company processes certain User Information to authenticate Users, verify identities, detect and prevent fraudulent activity, investigate Security Incidents, prevent unauthorised access to the Portal and Services, and maintain the security and integrity of the Portal, Services, Company IP and related systems. This processing is necessary to protect the rights, property, business, reputation, personnel and operations of the Company, its Users and third parties, and serves the Company's legitimate interest in maintaining a secure, trustworthy and reliable platform.

Communications with Users

The Company uses User Information to communicate with Users across the following categories:

• Transactional and operational communications: including account confirmations, password resets, security alerts, invoices, Fees-related notices, subscription communications, renewal notices and updates essential to the User's use of the Portal and Services;
• Support communications: to respond to User queries, troubleshoot issues relating to the Portal or Services, manage User Actions, and provide customer assistance;
• Service and product communications: including feature announcements, usage guidance, Portal updates, changes to the ToU, Privacy Policy or special terms and other notices relating to the Portal or Services;
• Marketing communications: including newsletters, promotional materials, upcoming events and information about new Services or partner offerings, where the User has provided consent or where applicable law permits such communication. Users may opt out of marketing communications at any time without affecting the receipt of transactional or operational communications.

Payment Processing and Billing

The Company collects and processes User Information to process Fees, subscriptions, billing transactions, refunds and related commercial activities, to issue invoices and billing communications electronically, to manage tax compliance requirements including GST obligations, and to maintain accurate financial and billing records in connection with the Services. Payment data is processed through authorised third-party payment processors and is not stored on the Company's servers beyond what is required for billing integrity and legal compliance.

Monitoring, Analytics and Service Improvement

The Company processes User Information, on an aggregated or de-identified basis wherever practicable, to monitor, analyse and understand usage patterns, behavioural trends, User engagement, Portal performance and operational metrics. This User Information is further used to troubleshoot technical issues, perform diagnostics, conduct internal research, testing, quality assurance and audits, and to drive product development, Service enhancement and operational improvements relating to the Portal and Services. Aggregated, anonymised, de-identified, statistical or analytical datasets and reports may be created from such User Information in a form that does not identify the User or any individual personally.

Training and Improvement of AI Systems

The Company may use aggregated, anonymised or de-identified User Information that does not identify the User or any individual personally. Such User Information may be used to train, fine-tune, improve, evaluate, validate, develop and enhance the Company's artificial intelligence systems, machine learning models, algorithms, automation tools, analytics systems and related technologies underlying the Portal and Services, to the extent permitted under applicable law. This processing is undertaken in accordance with the User's acknowledgement and agreement under the ToU and serves the Company's legitimate interest in maintaining and improving the quality, accuracy and capability of the AI-enabled features of the Portal and Services.

Legal Compliance, Enforcement and Protection of Rights

The Company processes User Information to the extent necessary to:

• comply with applicable laws, regulations, governmental requests, judicial orders, regulatory directions and legal processes;
• establish, exercise or defend legal rights, claims and remedies in connection with the Portal, Services or the ToU;
• enforce the ToU, Privacy Policy, and other policies and contractual arrangements governing the Portal and Services; and
• protect the rights, property, business, reputation, personnel, Company IP, systems and operations of the Company, its Users and third parties.

Such processing is undertaken only to the minimum extent required by law or necessary to give effect to the Company's legitimate legal and contractual interests.

Business Operations and Corporate Events

The Company may process User Information in connection with its internal business operations, including financial planning, risk management and corporate governance. In the event of a merger, acquisition, restructuring, insolvency or sale of all or part of the Company's assets or business, User Information may be transferred to the relevant successor entity as part of such transaction, subject to equivalent privacy protections. The Company shall endeavour to notify affected Users of any such transfer where it results in a material change to the manner in which their User Information is processed, and Users shall have the opportunity to exercise applicable rights in relation thereto.

New and Evolving Services

As the Company continues to develop and expand the Portal and Services including by introducing new AI-enabled features, automation capabilities, integrations, analytical tools and product offerings; User Information may be processed in connection with such new or enhanced Services, features or functionalities, provided that such processing is reasonably consistent with the purposes described in this Clause or is disclosed to the User at the time such new Service or feature is made available. The Company shall update this Privacy Policy to reflect any material new processing purposes arising from such developments.

Purposes Ancillary or Incidental to the Portal and Services

The Company may also process User Information for any other purpose that is reasonably related, ancillary or incidental to the operation, administration, security, improvement or provision of the Portal or Services, or as otherwise disclosed to the User at the time of collection of such User Information.

Processing Based on User Consent

Where the Company seeks to process User Information for a purpose not expressly described in this Clause, or where applicable law requires consent as the legal basis for a particular processing activity, the Company shall obtain the User's prior express consent before undertaking such processing. Such consent shall be sought in a clear, specific and unambiguous manner and shall not be bundled with or made conditional upon acceptance of the ToU or subscription to the Services. The User may withdraw such consent at any time, and such withdrawal shall not affect the lawfulness of any processing carried out prior to withdrawal.

• DISCLOSURE OF YOUR INFORMATION AND THIRD-PARTY INFORMATION

The Company does not sell, rent or trade User Information to unrelated third parties for their independent commercial use. However, the Company may disclose, share, transfer or make available User Information in the circumstances and to the categories of recipients described in this Clause, and subject to appropriate contractual, technical and organisational safeguards where applicable.

Affiliates and Group Entities

The Company may disclose User Information to its affiliates, subsidiaries, holding companies, associate companies, group entities, companies/partnerships or other entities under common control or controlled by the Company, to the extent necessary for the operation, administration, maintenance, improvement and support of the Portal and Services. All such affiliates and group entities that receive User Information shall be bound by privacy and data protection obligations no less protective than those set out in this Privacy Policy.

Authorised Service Providers and Sub-Processors

The Company engages trusted third-party service providers, vendors, contractors and sub-processors to perform functions and provide services on its behalf in connection with the operation, maintenance, improvement and delivery of the Portal and Services. User Information may be disclosed to such service providers strictly to the extent necessary for them to perform their designated functions. Such service providers are contractually prohibited from using User Information for any purpose other than as instructed by the Company and are bound by confidentiality undertakings and data processing obligations equivalent to those applicable to the Company.

• Cloud infrastructure and hosting providers: for storage, processing and hosting of the Portal and Services;
• Payment processors and billing platforms: for processing Fees, subscriptions, refunds and billing transactions;
• Communication and email platforms: for transactional, operational and marketing communications with Users;
• Customer support and helpdesk platforms: for managing User queries, support requests and service communications;
• Analytics and product intelligence platforms: for monitoring Portal usage, User engagement, feature performance and operational metrics;
• Error tracking and performance monitoring tools: for diagnosing technical issues, monitoring system health and improving Portal stability;
• Customer relationship management platforms: for managing User accounts, subscriptions and relationship data;
• Affiliate, referral and partner tracking platforms: for administering partner and referral programmes;
• Data storage and export platforms: for managing User data exports, backups and file storage; and
• Any other service provider engaged by the Company from time to time in connection with the provision, operation, security or improvement of the Portal or Services.

Third-Party Platform Integrations Authorised by the User

Integrations with Third-Party Services including advertising networks, social media platforms, analytics providers, customer relationship management systems and other platforms may be needed to provide access to and use the Portal and Services. The Company may transmit, share or make available User Information, campaign data, creatives, advertisements and related materials to such Third-Party Services strictly pursuant to and to the extent of the OAuth authorisations, API permissions and access rights granted by the User. Such sharing is undertaken solely on the User's instruction and for the purpose of enabling the requested integration and delivering the relevant Services and User Deliverables. The Company shall not be responsible for the privacy practices, terms or data handling of any Third-Party Service once User Information is transmitted pursuant to the User's authorisation.

• Artificial Intelligence Providers and LLM Systems

Company utilises third-party artificial intelligence systems, large language models, machine learning platforms and related AI infrastructure providers in connection with the provision of AI-powered Services and generation of User Deliverables. User Information including prompts, instructions, campaign data, User Information and contextual inputs may be transmitted to such AI providers to the extent necessary for real-time inference, processing and generation of outputs.

• Advertising and Marketing Partners

Company may disclose certain User Information to selected advertising and marketing partners for the purpose of serving targeted advertisements, promotional communications and marketing content relevant to the User's interests. The User may withdraw such consent at any time, and such withdrawal shall not affect the lawfulness of any disclosure made prior thereto. However withdrawal of such consent by User may hamper the full functionality of the Portal and Services available thereon and may even lead to discontinuation of one or more Services.

Analytics and Aggregate Data Sharing

The Company may share aggregated, anonymised, de-identified or statistical data derived from User Information with third parties, including industry partners, research organisations, analytics providers and business partners, for the purposes of market research, industry analysis, product benchmarking and business intelligence. Such data shall not identify the User or any individual personally and shall not constitute a disclosure of personally identifiable User Information.

Legal Compliance and Governmental Disclosure

Company may disclose User Information to governmental authorities, regulatory bodies, law enforcement agencies, courts or other competent authorities where such disclosure is required or permitted by applicable law, regulation, court order, judicial process or governmental direction. Where permissible, the Company shall endeavour to notify the affected User of such disclosure prior to or promptly following such disclosure, unless prohibited by applicable law or where such notification would prejudice the purpose of the disclosure.

Establishment, Exercise and Defence of Legal Rights

The Company may disclose User Information to the extent reasonably necessary to establish, exercise or defend legal rights, claims and remedies, including in connection with actual or anticipated litigation, arbitration, regulatory proceedings, investigation of alleged misconduct or enforcement of the ToU, Privacy Policy, and other agreements governing the Portal and Services.

Protection of Rights, Safety and Interests

The Company may disclose User Information where it has a good faith belief that such disclosure is reasonably necessary to: (a) prevent, detect or investigate fraud, Security Incidents or unauthorised access to the Portal or Services; (b) protect the rights, property, business, reputation, personnel, systems, Company IP and operations of the Company, its Users or third parties; or (c) prevent harm to the vital interests or safety of any individual.

Corporate Transactions and Business Transfers

In connection with any merger, acquisition, restructuring, reorganisation, insolvency, amalgamation, sale of all or a material part of the Company's assets or business, or similar corporate transaction, User Information may be disclosed, transferred or assigned to the relevant successor entity, acquirer or transaction counterparty as part of such transaction. The Company shall endeavour to notify affected Users of any such transfer where it results in a material change to the manner in which their User Information is processed, and shall ensure that the successor entity is bound by privacy obligations no less protective than those under this Privacy Policy. Users shall have the opportunity to exercise applicable rights in relation to such transfer, including the right to object where required by applicable law.

• Disclosure with User Consent

The Company may disclose User Information for purposes not described in this Clause where the User has provided express, specific and informed consent to such disclosure. The User may withdraw such consent at any time without affecting the lawfulness of any disclosure made prior to withdrawal. However withdrawal of such consent by User may hamper the full functionality of the Portal and Services available thereon and may even lead to discontinuation of one or more Services

Cross-Border Transfers of User Information

The Company's operations, service providers and AI infrastructure providers may be located in jurisdictions outside the User's country of residence, including in the United States, the European Union, the United Kingdom and other jurisdictions. Disclosure or transfer of User Information to such jurisdictions may involve transmission of User Information to countries that may not provide a level of data protection equivalent to that applicable in the User's country. Where such cross-border transfers occur, the Company shall implement appropriate transfer mechanisms and safeguards as required under applicable law, which may include:

• standard contractual clauses approved by the relevant regulatory authority;
• adequacy decisions recognising the receiving jurisdiction as providing adequate data protection;
• binding corporate rules or equivalent intra-group transfer mechanisms; or
• such other transfer mechanisms as may be recognised or approved under applicable law from time to time.

By using the Portal and Services, the User acknowledges and consents to the transfer, storage and processing of User Information in jurisdictions outside the User's country of residence, subject to the safeguards described in this Clause.

• Third-Party Websites and External Links

The Portal or Services may contain links to, or integrations with, third-party websites, applications, platforms or services that are not owned or operated by the Company. Any User Information shared with or collected by such third-party websites or platforms shall be governed solely by the privacy policies and terms of such third parties. The Company does not represent, warrant or accept any responsibility for the privacy practices, data handling or security of any third-party website or platform. Users are advised to independently review the applicable privacy policies of any third-party website or platform before providing any personal information thereto.

No Sale of User Information

The Company does not sell, rent, trade or otherwise transfer User Information to third parties for monetary or other valuable consideration for their independent commercial use, except as expressly described in this Privacy Policy or with the User's prior express consent. For the avoidance of doubt, disclosure of User Information to service providers, AI providers and integration partners in accordance with this Clause shall not constitute a sale of User Information.

• COOKIES & SIMILAR TRACKING TECHNOLOGIES

What Are Cookies and Similar Technologies

A cookie is a small text file that is sent by a website server to your browser and stored on your computer, tablet, phone or device. Cookies are needed for several functions which make websites work, or work more efficiently, and they can provide information to website owners about how you use their website. In addition to cookies, the Company may use other similar tracking and data collection technologies on the Portal, including:

• Pixel tags / web beacons: small, transparent graphic files embedded in web pages or emails that allow the Company to track whether a page has been accessed or an email has been opened, clicked or forwarded;
• Session replay and heatmap tools: technologies that record User interactions on the Portal, including click patterns, scroll behaviour, mouse movements and page navigation, for the purpose of understanding User experience and improving Portal design;
• Device and browser fingerprinting: collection of technical attributes of the User's device and browser such as browser type, operating system, screen resolution, installed plugins and time zone; to identify returning devices and prevent fraud;
• Local storage objects: data stored in the User's browser beyond the session, used to retain preferences and authentication states;
• Software development kit (SDK) based tracking: for Users accessing the Portal through any mobile application, the Company may use SDK-based tools to collect usage data, crash reports and device information; and
• Third-party tracking scripts and tags: including analytics, advertising and performance monitoring scripts placed on the Portal by or on behalf of the Company or its authorised service providers.

Collectively, all of the above are referred to as "Tracking Technologies"

Categories of Cookies & Tracking Technologies Used

• The Company uses, and may from time to time deploy, a range of Cookies and Tracking Technologies on the Portal for purposes that include, without limitation, the operation and security of the Portal and Services, authentication and session management, personalisation and preference retention, product analytics and performance monitoring, user experience improvement, error detection and diagnostics, A/B testing and feature development, interest-based and behavioural advertising for the Company's own Services, email interaction tracking, fraud prevention and detection, and such other purposes as are reasonably related, ancillary or incidental to the operation, maintenance, improvement, security and promotion of the Portal and Services.
• The Cookies and Tracking Technologies deployed by or on behalf of the Company on the Portal may include both session-based and persistent technologies, first-party and third-party technologies, and may be placed directly by the Company or by authorised service providers, analytics platforms, advertising networks, artificial intelligence monitoring tools and other third parties engaged by the Company in connection with the Portal and Services. The categories, types and specific tools comprising the Tracking Technologies deployed on the Portal may evolve as the Company adds, modifies or replaces features, integrations, service providers and operational systems from time to time. The legal basis for the deployment of Cookies and Tracking Technologies that are strictly necessary for the operation of the Portal and Services is the Company's legitimate interest and the performance of the Services requested by the User, for which consent is not required; for all other Cookies and Tracking Technologies, the Company shall rely on the User's consent, which shall be sought through the cookie management interface on the Portal and may be withdrawn at any time.

Information Collected Through Tracking Technologies

Cookies and Tracking Technologies deployed on the Portal may collect information relating to the User's device, browser and operating system, approximate geographic location derived from IP address, pages visited and navigation sequence on the Portal, features and functionalities accessed in connection with the Services, session duration, frequency of visits and behavioural interactions, including click patterns, scroll depth and similar engagement signals, referring sources, search terms, error logs, performance data, email interaction data and advertising interaction data, together with such other technical, behavioural or usage information as may be reasonably generated through the User's access to or use of the Portal and Services from time to time.

Purposes for Which Tracking Technologies Are Used

The Company uses Tracking Technologies on the Portal for purposes including the operation, security, maintenance and improvement of the Portal and Services, authentication and session management, personalisation, product analytics, performance monitoring, fraud prevention, marketing attribution, interest-based advertising for the Company's own Services where consent has been obtained, and compliance with applicable legal and regulatory obligations, together with such other purposes as are described in Clause 3 of this Privacy Policy and as are reasonably related, ancillary or incidental to the provision, improvement, security and promotion of the Portal and Services from time to time.

Cookie Consent and Management

• Consent for Cookies and Tracking Technologies- The User expressly acknowledges and agrees that by registering an account on the Portal, the User shall be deemed to have read, understood and consented to the deployment and use of all Cookies and Tracking Technologies by the Company on the Portal, including those used for the operation, security, maintenance, personalisation, monitoring, analytics, AI-powered functionalities, platform integrations, performance measurement and improvement of the Portal and Services. Such registration-based deemed consent shall constitute a valid, informed and subsisting consent to all Cookies and Tracking Technologies deployed by the Company in connection with the Portal and Services for so long as the User maintains an active account on the Portal or continues to access or use the Portal or Services in any manner. For Tracking Technologies deployed solely for the purpose of interest-based advertising for products or services of third parties unrelated to the Portal, the Company shall seek the User's separate prior consent through the cookie management interface available on the Portal, which consent may be withdrawn, without affecting the deemed consent granted upon registration as described herein.
• Withdrawal of Consent- Where the User has provided consent to any Cookies and Tracking Technology deployed for purposes beyond the delivery of the contracted Services, the User may withdraw such consent at any time without affecting the lawfulness of any processing carried out on the basis of consent prior to its withdrawal. Withdrawal of consent may be effected through the cookie management interface on the Portal, through browser-level settings, or through opt-out mechanisms provided by the relevant third-party provider.
• Consequences of Withdrawal of Consent- The User expressly acknowledges and agrees that the Cookies and Tracking Technologies deployed on the Portal, whether operational, functional, analytical, personalisation-related or otherwise are deeply integrated into the architecture, functionality and delivery mechanism of the Portal and Services, including the AI-powered features, campaign management tools, reporting dashboards, platform integrations, personalisation engines and performance analytics that constitute the core of the Services subscribed to by the User. Accordingly, any withdrawal, disabling, blocking, deletion or interference with any Tracking Technology of whatever nature or category, whether or not such Tracking Technology was deployed may, at the Company's sole determination, result in one or more of following (a) partial or complete loss of access to features, functionalities, dashboards, integrations or outputs forming part of the Services; (b) degradation, interruption, inaccuracy or non-performance of AI-assisted features, recommendations, analytics, reporting and User Deliverables; (c) inability to maintain authenticated sessions, platform integrations or OAuth-based connections with Third-Party Services; reduced accuracy, completeness or relevance of personalisation, audience intelligence and performance insights generated through the Services; (d) suspension of specific Service features or functionalities dependent on the relevant Tracking Technology; and (e) Company reserves the right, at its sole discretion and without liability, to suspend, restrict or discontinue the provision of the affected Services or the User's access to the Portal in whole or in part, without any obligation to refund Fees paid or payable in respect of the affected period, subject to applicable law.

Do Not Track Signals

Certain browsers transmit "Do Not Track" signals to websites as a means of indicating the User's preference not to be tracked across websites. The Portal does not currently alter its data collection or use practices in response to Do Not Track signals, as no uniform standard for recognising or honouring such signals has been established. The Company will reassess this position as industry standards and regulatory requirements evolve and shall update this Clause accordingly.

Analytics Tools and Third-Party Tracking Services

The Company uses third-party analytics, observability and tracking tools in connection with the Portal and Services. Such tools may include product analytics platforms, session recording and heatmap tools, error monitoring systems, A/B testing platforms and marketing attribution tools. Each such tool provider processes data as a sub-processor of the Company under appropriate data processing agreements. Users who wish to opt out of specific third-party analytics tools may do so through the opt-out mechanisms provided by the relevant provider.

• MARKETING AND ANALYTICS

Marketing Communications

The Company may use the User's contact information, including email address, phone number and other communication details provided during registration or use of the Portal to send marketing communications, including newsletters, promotional offers, product announcements, feature updates, event invitations and information about new Services or partner offerings available through the Portal. Such marketing communications shall be sent only where:

• the User has opted in to receive such communications at the time of registration or through the Portal's communication preference settings; or
• applicable law permits such communications on the basis of the Company's legitimate interest in marketing its Services to existing Users, subject to the User's right to opt out at any time.

The User may opt out of receiving marketing communications at any time by: clicking the unsubscribe link included in any marketing email; or updating communication preferences through the User's account settings on the Portal; or contacting the Company at the contact details set out in this Privacy Policy.

Opt-out requests shall be processed within a reasonable period. The User acknowledges that opting out of marketing communications shall not affect the receipt of transactional, operational or service-related communications such as account notices, invoices, subscription updates, security alerts and support communications, which are necessary for the operation of the Portal and delivery of the Services and shall continue to be sent regardless of marketing preferences.

Behavioural and Interest-Based Advertising

Where the User has provided consent, the Company may use Cookies and Tracking Technologies and User Information to deliver interest-based and behavioural advertisements for the Company's Services across the Portal and on third-party advertising platforms including Google, Meta, LinkedIn and similar platforms. Such advertising may be based on the User's past interactions with the Portal, browsing behaviour, subscription history and inferred interests. The User may opt out of interest-based advertising by: clicking the unsubscribe link included in any marketing email; or updating communication preferences through the User's account settings on the Portal; or contacting the Company at the contact details set out in this Privacy Policy. Opting out of interest-based advertising does not mean the User will no longer see advertisements for the Company's Services, it means such advertisements will no longer be targeted based on the User's behavioural profile.

Email Interaction Tracking

Communications sent by the Company to the User, including marketing emails, newsletters and product announcements may contain Tracking Technologies, such as pixel tags or web beacons, that allow the Company to determine whether the email was opened, which links were clicked and whether the User forwarded the communication. This information is used to measure the effectiveness of the Company's communications, improve content relevance and manage communication preferences.

• YOUR RIGHTS IN RELATION TO INFORMATION USER
• You have a number of rights in relation to the information we hold about you. These rights include.
• The right to access the information we hold about you, and to obtain details of processing;
• The right to withdraw your consent to our continued processing of the information, at any point of time, subject only to any legitimate reason for continued processing in certain circumstances;
• The right to edit your account information and preferences available with us;
• The right to seek from us your personal data to be provided to another company;
• The right to erasure of any personal data that we process, in certain circumstances, to the extent permissible in applicable law, and feasible; and,
• The right to move your information to another service provider, in a compatible format. This will only cover such information which we have received from you.
• Requests to exercise any of the rights described above may be submitted to the Company by contacting the Company at the details set out in this Privacy Policy. The exercise of rights described in this Clause is free of charge, subject to applicable law permitting a reasonable fee for manifestly unfounded or excessive requests.
• User acknowledges and agrees that the rights described in this Clause are not absolute and may be subject to limitations, restrictions, qualifications and exceptions under applicable law, and that there may be circumstances in which the Company is unable, restricted or not obligated to fulfil a rights request in whole or in part, including without limitation. The User’s exercise of these rights may be restricted or curtailed in circumstances including fulfilling the request:- would conflict with, prevent or impair the Company's ability to comply with applicable laws, regulations, court orders, judicial processes, governmental directions or regulatory requirements; or where such information is subject to a legal restriction, regulatory investigation or other legal process requiring its preservation; or User Information has been anonymised, aggregated or de-identified in a manner that renders it technically impossible to identify, isolate or action the User's specific data; or the request is manifestly unfounded, excessive, repetitive or otherwise constitutes an abuse of the rights framework under applicable law; or any other similar circumstance or reason.
• PRESERVATION OF YOUR INFORMATION

Preservation periods for records are based on the type of record, the nature of the activity and product and service that the same is associated with, linked to. The periods for Preservation of your personal information vary, depending on specific legal, business and statutory requirements. We will retain your personal information for such period that is legally or statutorily necessary, and relevant for us to perform our contractual obligations to you.

• SECURITY OF INFORMATION

We understand that we must safeguard your personal information available with us. We use and employ reasonable technical, organizational, logical, physical, administrative measures to protect your personal information against any unauthorized access, modification, or use. We use the industry standard technical and organizational measures to ensure protection of your information available with us.

• CHILDREN

You must have attained the age of majority to be able to use and access our Services. As a parent or legal guardian, please do not allow your minors under your care to submit Personal Information to us. In the event that such Personal Information of minor is disclosed to us, you hereby consent to the processing of the minor’s personal information and accept and agree to be bound by this Privacy Policy and take responsibility for his or her actions.

• CONTACT US

Any questions or clarifications with respect to this Privacy Policy or any complaints, comments, concerns or feedback can be sent to Company at: hello@markhive.ai or by normal/physical mail addressed to:

Attn: Hive C/o EBPL, Unit 303, 3rd Floor, DLF Center, Savitri Cinema Complex, Greater Kailash – 2, New Delhi - 110048

You may update or correct your information through self-service over the Portal; or by contacting us anytime by sending an email to us at [hello@markhive.ai](mailto:hello@markhive.ai) clearly mentioning in subject of such email: "change of details". You are requested to include your name, address, email address when you contact us. You are encouraged to promptly update your Information.

• Changes

We make periodical changes to the privacy policy. Any significant changes we may make to our Privacy Policy in the future will be promptly notified to users by posting the relevant terms in a prominent position on the webpage. The new terms may be displayed on the webpage and you will be required to read and accept them to continue your use of the Services. Any queries pertaining to this policy may be directed to [hello@markhive.ai](mailto:hello@markhive.ai).

NO WARRANTY

WE DO NOT WARRANT THAT THIS PORTAL, IT’S SERVERS, OR EMAIL SENT BY US OR ON OUR BEHALF ARE VIRUS FREE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PORTAL, INCLUDING, BUT NOT LIMITED TO COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, GOODWILL, BUSINESS OPPORTUNITY, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

By visiting this Portal, you agree that the laws of the Republic of India without regard to its conflict of laws principles, govern this Privacy Policy and any dispute arising in respect hereof shall be subject to and governed by the dispute resolution process.

Grievance Officer

The name and details of the Grievance Officer are given below:-

Mr. Subeer Nag,

Attn: Hive C/o EBPL, Unit 303, 3rd Floor, DLF Center, Savitri Cinema Complex, Greater Kailash – 2, New Delhi - 110048

Email- hello@markhive.ai

Phone- +91-9217426757

Time – Monday to Friday (10.00 am to 5.00 pm)