Privacy Policy

Last updated: 2024-12-12

Instahive (hereinafter referred to as “We,” “Us,” or “Our”) respects the privacy of our Users (“User” or “You”). This Privacy Policy explains how we collect, use, disclose, and safeguard Your information when You visit Our website (www.instahive.com) and Our mobile application (“Instahive App”), collectively referred to as the “Platform.” Please read this Privacy Policy carefully. If You do not agree with the terms outlined herein, please do not access Our Platform.

We reserve the right to change this Privacy Policy at any time. We will inform You of any changes by updating the effective date. You will be notified of any changes to this policy seven (7) days in advance via a message displayed on the Platform. Changes will take effect immediately upon being made live on the Platform.

This Privacy Policy is part of our ‘Terms of Use’ and outlines how we collect, process, use, retain, and share data.

Interpretation and Definitions

The terms used in this Privacy Policy are defined as follows:

  • ‘Account’: A unique account created by You to access services via Instahive.
  • ‘Child’: A person below the age of eighteen years.
  • ‘Consent’: Explicit, free, and unambiguous consent of the Users on the Platform.
  • ‘Content’: Content created by a Creator using Instahive features.
  • ‘Cookies’: Small files placed on Your device to track browsing history.
  • ‘Creator/Artists’: Individuals or entities using Our Platform to create and sell services.
  • ‘Data Fiduciary’: Instahive, which determines the purposes of processing Personal Data.
  • ‘Data Principal’: Refers to the Users with rights under applicable data protection laws.
  • ‘Data Protection Officer’: The officer appointed by Instahive as per data protection laws.
  • ‘Personal Data/Information’: Any data related to an identified or identifiable individual.
  • ‘Platform’/‘Website’: Refers to Instahive, accessible at www.instahive.com.
  • ‘Privacy Policy’: This document, intended to comply with data protection laws.

For further details regarding definitions and terms, please refer to the original policy.

Use of Personal Data

We process Your information to provide services, enable account access, manage subscriptions, send communications, understand usage, conduct research, prevent fraud, and more. Consent is required for processing Your information during registration.

Consent

We comply with the Digital Persons Data Protection Act of 2023. Your consent is necessary for data processing, which can be withdrawn anytime by deleting Your profile or contacting Us.

Retention of Personal Data

We retain Personal Data for 6 months after account deletion or deactivation, and only as necessary for legal obligations and dispute resolution.

Collection and Usage

We collect Personal Data necessary for account creation, service provision, and content interaction, including emails, usernames, payment information, and usage data.

Tracking Tech & Cookies

We use Cookies and web beacons for tracking and improving the Platform. You can refuse Cookies, but it may limit your use of certain features.

Sharing of Your Personal Data

Your data may be shared with Creators, other Users, and third-party service providers as necessary.

Disclosure of Your Personal Data

We may disclose your information in legal circumstances, during business transactions, or as required by law enforcement.

SECURITY OF YOUR PERSONAL DATA

We use administrative, technical, and physical security measures to help protect your Personal Data. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our best efforts, no security measure is perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties.

Therefore, we cannot guarantee complete security if you provide Personal Data. However, we strive to use commercially acceptable means to protect your Personal Data.

Notwithstanding anything to the contrary, in the event that any Personal Data entrusted to Instahive is compromised as a result of a breach of Instahive’s security measures, despite Instahive’s reasonable efforts to prevent such occurrences, you agree to indemnify, defend, and hold us harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising from such compromise or breach of privacy. Under no circumstances shall we be liable for any such compromise or breach of privacy under this Privacy Policy or otherwise.

Storage of Personal Data

The information collected by us is securely stored on our website within our controlled database located in Mumbai, India.

Internal Reviews and DPIA

The Personal Data and other information collected by us may be used in anonymized form for internal reviews, surveys, and Data Protection Impact Assessments (DPIA) as permitted under the DPDPA. We will ensure that any anonymized data maintained is only used for these purposes and is not identifiable to any specific individual.

These purposes allow us to:

  • Identify and Mitigate Potential Privacy Risks: By analyzing anonymized usage data, we can identify areas where our data practices might pose a privacy risk, helping us proactively address these risks and improve your overall privacy protection.
  • Enhance the Platform and Security: We may use anonymized data to understand user behavior and preferences, allowing us to improve the Platform’s functionality, user experience, and security features.
  • Develop New Features and Services: By understanding how users interact with the Platform, we can develop new features and services that better meet your needs.

You have the right to object to the processing of your Personal Data for these purposes. You can exercise your rights by contacting at [email protected].

PROCESSING OF YOUR PERSONAL DATA

Our vendors and third-party service providers may have access to your Personal Data. These third-party vendors collect, store, use, process, and transfer information about your activity on our Platform per their respective Privacy Policies.

Legitimate Reasons for Processing Your Personal Data under DPDPA

We process data in compliance with the DPDPA provisions. All the reasons mentioned within this Privacy Policy constitute a lawful purpose.

We endeavor to only process the data for which the Data Principals have given their consent.

Cookies and Analytics

We may use third-party service providers to monitor and analyze the use of our Platform.

Email Marketing

We may use your Personal Data to contact you with subscriptions to services and channels based on your activity and preferences, newsletters, marketing materials, promotional offers, and other information that may be of interest to you.

You may opt out of receiving any, or all, of these communications from us by following the ‘unsubscribe’ link or instructions provided in our emails or by contacting us.

Payment Services

We and/or Creators on our Platform may provide paid services or products. To avail of such services or products, you might have to provide financial information. In that case, we may use third-party services for payment processing.

We will not collect or store your financial information. That information is provided directly to our third-party payment processors whose use of your Personal Data is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS, ensuring the secure handling of financial information used for payments.

YOUR RIGHTS UNDER DPDP A, 2023

The Creators, Subscribers, and other Users of Instahive as a Platform are guaranteed to exercise your rights as Data Principals. As Data Principals, you have guaranteed rights under the DPDPA.

Instahive undertakes to respect the confidentiality of your Personal Data. Under this Privacy Policy, and by law if you are within the domicile of India, you have the right to:

  • Access to Your Personal Data: You have the right to access, update, or delete the information we have on you. Whenever possible, you can access, update, or request the deletion of your Personal Data directly within your account settings. If you cannot perform these actions yourself, please contact us for assistance.
  • Request Correction of the Personal Data: You have the right to have any incomplete or inaccurate information we hold about you corrected.
  • Request Erasure of Personal Data: You have the right to ask us to delete or remove Personal Data when there is no good reason for us to continue processing it.
  • Right to Nominate: You have the right to nominate an individual who is (a) known to you; (b) above the age of 18; or (c) not a serious criminal offender. This nominated individual shall act as your Legal Guardian and shall be officially handed over any and all of your Personal Data available on the Platform in case of (a) your death; or (b) you are permanently disabled.
  • Right to Withdraw Consent: You have the right to withdraw your consent to using your Personal Data. If you withdraw or modify your consent, we may not be able to provide you with access to certain functionalities of the services on our Platform.
  • Object to Processing of Personal Data: This right exists where we are relying on a legitimate reason as the legal basis for our processing, and there is something about your particular situation that makes you want to object to our processing of your Personal Data on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.

Exercising Your Rights

You may exercise your rights of access, rectification, cancellation, erasure, objection, consent withdrawal, and opposition to automated decisions and profiling by reaching out to us. We also take steps to ensure that the Personal Data we collect is accurate, complete, and up to date. We will delete data or information if deemed unnecessary and no longer required.

Your rights are subject to defined conditions and feasibility to exercise such rights and are subject to territorial applicability.

You have the right to complain if you find your rights being violated or have a query regarding your rights. Please note that we may ask you to verify your identity before responding to your request.

You have the right to complain to the Data Protection Board of India about our collection and use of your Personal Data. For more information, please contact the Data Protection Board India appointed Consent Manager.

APPLICABLE LAWS AND GOVERNING JURISDICTION

This Policy shall be governed by the laws applicable in the territory of the Republic of India.

The laws specifically applicable to this policy include the Information Technology Act, 2000, The Digital Persons Data Protection Act, 2023, the Consumer Protection Act, 2019, and all relevant criminal laws and their subsequent amendments, rules, gazetted notifications, and any other applicable laws within India.

In the event of any dispute, the jurisdiction of the courts shall be at Bengaluru, Karnataka (India). We shall endeavor to resolve any issue, claim, concern, or dispute related to this Policy through amicable and informal negotiations. If no favorable resolution is reached, it shall proceed to formal court proceedings.

CHILDREN’S PRIVACY

Disclaimer: No child, i.e., any individual under the age of 18 years, shall be registered as a User or entertained in any manner on our Platform. Our Platform does not allow, address, solicit, entertain, or market to anyone under the age of 18 years to access or use any services provided by the Users of our Platform. We ensure that we do not knowingly collect any Personal Data belonging to children.

If you are a parent or lawful guardian and are aware that your child under the age of 18 has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from anyone under the age of 18 without the supervision or consent of parents or lawful guardians, we will take the necessary steps to remove that data from our Platform and servers.

CHANGES TO THIS PRIVACY POLICY

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Platform, prior to the change becoming effective, and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective immediately when notified and displayed for 7 (seven) days prior on our Platform. If you have any queries or doubts related to the Privacy Policy, please reach out to us at [email protected].

You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Platform after the date such revised Privacy Policy is posted and made effective on our Platform.