Terms of Service

Company: MarketHype Sweden AB
Organization number: 559171-6195
Service: https://app.markethype.io/

1. Introduction

MarketHype Sweden AB (”MarketHype”, “we”, “our”, “us”) collects and processes personal data in accordance with the General Data Protection Regulation (GDPR). We are committed to protecting the privacy of your personal data, and ensuring transparency in our data handling practices.

These Terms of Service explains how we collect, use, and share personal data when you use our application, https://app.markethype.io/ (the "Service"). When we talk about the “user” or “you”, we mean the party using our Service or the party receiving information thereof.

2. Description of the Service

The MarketHype Service is used for customer data, analysis and marketing services. It is tailored to businesses in the event, hospitality and experience industries.

3. Purpose of processing data

The purpose of the collecting and processing of personal data is to provide the User access to, or information about, our Service. The legal basis for processing of personal data is fulfillment of contract, freely given consent or legitimate interest.

The user consents to the processing of his or her personal data with the purpose of providing the Service or information about the Service. The User consents that personal data is collected through the Service.

4. User information that we collect and receive

Account information submitted by users to the Service, is referred to in this policy as “User information”. MarketHype collects and receives the following information from the User:

• Account creation information: Users provide information, such as name, email address and password, to create an account.

• Billing and other information: Our corporate affiliates and our third-party payment processors may collect and store billing address and credit card information on our behalf or we may do this ourselves.

• Service usage information: This is information about how you are accessing and using the Service, which may include administrative and support communications with us and information about the, features, content, and links you interact with.

• Log data: When you use the Service, our servers automatically record information, including information that your browser sends, whenever you visit a website or mobile app. This log data may include your Internet Protocol address, the address of the web page you visited before using the Service, your browser type and settings, the date and time of your use of the Service, information about your browser configuration and plug-ins, language preferences, and cookie data.

• Device information: We may collect information about the device you are using the Service on, including what type of device it is, what operating system you are using, device settings, Service IDs, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you are using and its settings.

• Geo-location information: Precise GPS location from mobile devices may be collected, only with your permission. Wi-Fi and IP addresses received from your browser or device may be used to determine approximate location.

• Third party data: MarketHype may also receive information from affiliates in our corporate group, our partners, or others that we use to make our own information better or more useful. This might be aggregate level information, such as which IP addresses go with which zip codes, or it might be more specific information, such as about how well an online marketing or email campaign performed.

5. How we use your information

MarketHype may access and use the User information as reasonably necessary and in accordance with the User's instructions to (a) provide, maintain and improve the Service; (b) to prevent or address service, security, technical issues or at a User's request in connection with customer support matters; (c) as required by law or (d) as set forth in our agreement with the User or as expressly permitted in writing by the User.

5.1 MarketHype’s use of your information

We may use the User information in the following situations:

• To understand and improve our Service: We carry out research and analyze trends to better understand how users are using the Service and improve them.

• To respond to your requests: If you contact us with a problem or question, we will use your information to respond.

• To send emails and messages: We may send you Service and administrative emails and messages.

• To manage billings and accounts: We use account data to administer accounts and keep track of billing and payments. We send you receipts, booking confirmations, account statements and so forth via email or other forms of messages.

• To provide product information: We will, from time to time, contact users with information about product updates and associated services that we deem might be of value and interest. You can opt out of this communication at any time.

• To investigate and prevent bad stuff from happening: We work hard to keep the Service secure and to prevent abuse. This policy is not intended to place any limits on what we do with data that is aggregated and/or de-identified so it is no longer associated with an identifiable user or Customer of the Service.

5.2 Information beyond MarketHype's responsibility

The browser you use may provide you with the ability to control cookies or other types of local data storage. Your mobile device may provide you with choices around how and whether location or other data is collected and shared. MarketHype does not control these choices, or default settings, which are offered by makers of your browser or mobile device operating system.

6. Sharing your information

MarketHype may share User information in accordance with our agreement and the User's instructions, including:

• With third party service providers and agents: We may engage third party companies or individuals to process User information, such as third party payment processors and customer service platforms, to process information on our behalf.

• With affiliates: We may engage affiliates in our corporate group to process User information and other information.

MarketHype may also share or disclose User information and other information as follows:

• During changes to our business structure: If we engage in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of MarketHype's assets, financing, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence).

• To comply with laws: To comply with legal or regulatory requirements and to respond to lawful requests, court orders and legal process.

• To enforce our rights, prevent fraud and for safety: To protect and defend the rights, property, or safety of us or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud.

We may disclose or use aggregate or de-identified information for any purpose. For example, we may share aggregated or de-identified information with our partners or others for business or research purposes.

7. How long we keep your information

We will store the users personal data as long as it is necessary in order to fulfill our contractual obligations or the user consents to receive information about the Service.

8. Your rights

You have the following rights with respect to your personal information:

• Access: You can request to access your personal information and to know how your information is being used.

• Correction: You can request to correct any inaccurate or incomplete personal information that we hold about you.

• Restriction of processing: You can request to restrict the processing of your personal information in certain circumstances, such as if you believe that the processing is inaccurate or unauthorized.

• Deletion: You have the right to request that we delete your personal information. Using the right to deletion may however mean that the user can not use the Service.

• Portability: You have the right to request that we provide you with a copy of your personal information in a machine-readable format.

• Objection: You have the right to object to the processing of your personal information.

To exercise any of these rights, please contact us using the information provided below.

9. User responsibilities for lawful data processing

Content and information imported or submitted by users to the Service, is referred to in this policy as “User Provided Data”. Examples of User Provided Data are uploaded customer lists, images and email campaign copy texts.

In using the Service, it is the User's responsibility to ensure that any and all processing of User Provided Data, as defined above, is conducted in a lawful manner and in full compliance with the General Data Protection Regulation (GDPR) and other relevant data protection laws.

• Compliance with GDPR: As the GDPR imposes strict guidelines and significant responsibilities on data controllers and processors, Users of the Service are expected to fully understand and comply with these regulations when handling User Provided Data. This includes implementing appropriate data protection measures, respecting data subject rights, and ensuring data accuracy and security.

• Liability: Users are liable for any non-compliance with legal obligations related to data processing. The Service and its owners are not responsible for any unlawful use or processing of User Provided Data by Users.

• Lawful Processing: Users must ascertain that their collection, processing, and handling of User Provided Data adhere to all legal requirements. This includes, but is not limited to, obtaining necessary consents, providing clear and transparent information about data usage, and ensuring lawful grounds for data processing.

• Assistance from MarketHype: While MarketHype collects or processes User Provided Data on behalf of the User, it is committed to assisting Users in their compliance efforts. This includes providing necessary tools and support for GDPR-compliant data processing, where applicable.

By using the Service, Users acknowledge and agree to these responsibilities and confirm their commitment to lawful and compliant data processing practices.

10. User responsibility for marketing and information dissemination

In addition to the responsibilities outlined above regarding lawful data processing, Users of the Service are also fully accountable for all marketing activities and the spreading of information conducted via the Service.

• Marketing Activities: Users are responsible for ensuring that all marketing efforts carried out through the Service, including but not limited to email campaigns, social media postings, and advertising, comply with applicable laws and regulations. This includes adherence to consumer protection laws, marketing and advertising standards, and privacy regulations.

• Content Responsibility: Users must ensure that all content disseminated through the Service, whether in the form of text, images, or any other media, is lawful, accurate, and not misleading. Users are responsible for obtaining all necessary rights and consents for any content used in their marketing activities.

• Compliance with Communication Laws: Users are responsible for complying with laws governing electronic communications, including regulations related to spam, unsolicited emails, and opt-in/opt-out provisions. It is the User's duty to ensure that recipients have consented to receive communications and that all messages include appropriate disclaimers and opt-out options.

• Liability for Misuse: The User bears full responsibility for any consequences resulting from the misuse of the Service for marketing or information dissemination purposes. This includes any legal action taken against the User for non-compliance with marketing laws or for the dissemination of prohibited or infringing content.

• Support from MarketHype: While MarketHype provides the platform for marketing and information dissemination, it is not responsible for monitoring or controlling the specific content or marketing activities conducted by Users. However, MarketHype may offer guidance and support to ensure Users are aware of their responsibilities and best practices in digital marketing.

By using the Service, Users agree to uphold these responsibilities and acknowledge that they bear sole liability for their marketing and information dissemination activities conducted through the Service.

11. Data protection

MarketHype takes security seriously. We take various steps to protect information you provide to us from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the information we collect, process and store, and the current state of technology. This includes:

• Physical security: We store your personal information in secure facilities.

• Technical security: We use industry-standard security measures to protect your personal information when it is stored or transmitted.

• Employee training: We train our employees on the importance of protecting your personal information.

12. Data breaches

If we experience a data breach that could reasonably be expected to result in a high risk to your rights and freedoms, we will notify you as soon as possible after we become aware of the breach. We will also notify the relevant authorities as required by law.

13. Contact information

If you have any questions or concerns about our Terms of Service, please contact us at:

MarketHype Sweden AB
Kämpegatan 6
SE-411 04 Gothenburg Sweden

or email us at:

success@markethype.io

14. Changes to the Terms of Service

The company reserves the right to make changes to these Terms of Service. If you continue to use the Service after those changes are in effect, you agree to the revised policy. The most current version will always be available on our website.

Last updated: 23 January 2024.