Hence Creative, Inc.

Privacy Policy

Effective Date: September 1, 2025

Hence Creative, Inc. (“Hence”) welcomes you and hopes you find our web-based software-as a- service (“SaaS”) platform, and related-tools, services, and websites (collectively, the “Services”) helpful and useful. Hence has adopted this privacy policy (“Privacy Policy”) to help our platform and website visitors, current and potential customers, members, end users, employees, contractors, and other business partners (“you” or “your,”) understand what Data we process, how and why we do so, and what your rights are regarding that Data.

Hence always seeks to improve the Services, and that requires that processing information about you and your usage preferences. Hence is committed to protecting your privacy and the security of Personal Information. For purposes of this Privacy Policy, “Personal Information” means any information relating to an identified or identifiable individual and is protected similarly as personal data or personally identifiable information under data privacy and protection laws.

In this Privacy Policy, the word “Data” describes all the information processed that relates to you and your use of our Services. “Data” is broken into different categories, which are defined in the “Data We Process” section of this Privacy Policy. We may refer to the different categories separately, but when we use the word “Data,” we mean all the different categories described in this Privacy Policy. Because of the nature of our Services, the term “Data” also includes the information, including Personal Information, you gather, upload, or is otherwise processed when you use the Services. Hence does not process Personal Information without your consent. Hence relies on your compliance with the agreement(s) you have with us to process your Data.
The term “Data” does not apply to information which does not relate to an identified or identifiable individual or to personal information or data rendered anonymous in such a manner that the individual is not or no longer identifiable (“Anonymized Data”). Hence holds all rights in and may use Anonymized Data for its own purposes in any legal manner and without attribution or compensation to any person.

This Privacy Policy applies to everybody who interacts with Hence online or otherwise. Because different portions of the Privacy Policy will apply differently to the various groups who interact with us, we have tried to clearly categorize the types of Data we process and how we do so. If you have any questions about this Privacy Policy or how Hence handles your Data, please email us at legal@hencecreative.com.

 

LAWFUL BASIS FOR PROCESSING

Many jurisdictions require that we disclose to you the lawful basis for our processing of your Data. We do that in the “Data We Process” section and otherwise throughout this Privacy Policy. In general, Hence’s lawful basis for processing your Data is based on your specific consent or your contract with us.

By accessing or using any of the Services or by otherwise interacting with us online or in person, you consent to Hence’s processing of your Data as described in this Privacy Policy. If processing of your Data is based on your consent, you may withdraw your consent at any time, and Hence will cease processing your Data. However, in some cases, this may result in your inability to receive partial or full access to the Services, and your withdrawal of consent does not limit Hence’s ability to use Anonymized Data for use by Hence in connection with our legitimate business efforts in the future. In addition, your withdrawal of consent may not prevent Hence from processing Data if we have processed such Data pursuant to a different lawful basis or to preserve legal claims. For example, if you give your consent for Hence to process your Data, but Hence is also required by law to process your Data, that separate “lawful basis” will still apply, even if you withdraw your consent.

When you enter into an agreement with Hence, either by registering for and accessing the Services, by executing an agreement in hard copy, or by clicking “I Accept” or similar language online, Hence will process your Data for the purposes of fulfilling the terms of the contract with you. In that case, Hence’s processing of your Data is based on the contract, so your withdrawal of consent will only be effective after the purposes for processing that Data have been fulfilled and after we no longer have a legal obligation to process that Data.

In all cases, Hence will comply with applicable law and will cease processing your Data after the legal right, obligation, or other lawful basis expires.

 

INTENDED USERS

Other than for Data processed for the specific purpose of providing the Services to users, Hence does not knowingly process Data from users who are under 18. If we become aware that we have processed Data from a person under 18, except to provide the Services to such person, and except to the extent allowed or required by law, then Hence will attempt to delete such Data as soon as possible, subject to obligations under applicable law. If you are under the age of 18 in the jurisdiction in which you reside and want to make a request under applicable law, Hence may require you to make such request through a parent or guardian. If you believe that Hence has processed Data from a person under 18 in contravention of this policy, Hence’s provision of the Services, or applicable law, please contact us at legal@hencecreative.com.

 

DATA WE PROCESS

Listed below are categories of Data Hence processes when you use the Services. Hence never sells your Data, and always has a lawful basis for processing the Data, but that lawful basis might be different for different categories, and we describe those uses below. Regardless, Hence never processes the Data for any purpose other than the purpose for which it processed the Data in the first place, unless we get your prior explicit consent.

 

A. Registration Data

 

1. Data Description: Registration Data may consist of the name, email address, street address, other contact information, and other information you provide Hence using the Services, both when you engage for the Services and thereafter. Registration Data also includes your username, client type, and other applicable registration information, if any and where applicable. Further, you may have an option to link your third-party social media or email account to the Services. When you link a third-party platform to the Services, you authorize Hence to process any Data the third-party platform may provide (i.e. email address, username, etc.); and all of such data is considered Data. Please note that any third-party platform you link to the Services likely has its own privacy policy that governs its use and processing of your data. Please refer to any applicable third-party privacy policy for information regarding their use and processing of your information.

2. Lawful Basis for Processing: Hence’s lawful basis for processing Registration Data is the contract with you and your consent. Hence can only provide certain of the Services to you with the Registration Data, so Registration Data is needed during the term of the contract. Even when the Registration Data is not critically necessary to the provision of the Services, Hence may still process that Registration Data to facilitate the contractual interactions with you.

3. How Hence Processes and Transfers Registration Data: Registration Data is accessible generally only to Hence and to you. In limited circumstances, Hence may transfer your Registration Data to service providers, which parties help provide the Services and are under obligations to protect the confidentiality of your Registration Data. Hence processes Registration Data to provide the Services to you. At times, Hence will transfer the Registration Data to other third parties at your request. Hence may also process your Registration Data to offer its own goods or services to you, either directly through emails or through third-party platforms, but you may opt out of those communications at any time.

 

B. Engagement Data

 

1. Data Description: Engagement Data consists of all the information you input, record, or deliver to Hence using the Services, except as otherwise stated in this Privacy Policy. Engagement Data also includes all information that is proprietary to you regarding your use of the Services (other than the data that qualifies as “Usage Data” below) that is processed by the Services. Engagement Data specifically includes the content of any text, personal preferences, and other information you input and include in the Services, such as feedback, comments, questions, video, audio, pictures, financial information, etc. Engagement Data may also include sensitive Personal Information. You specifically consent to Hence processing sensitive Personal Information if you input such information into the Services. Further, you may have an option to link your third-party social media accounts to the Services. When you link a third-party platform to the Services, you authorize Hence to process any Data the third-party platform may provide and all of such data is considered Data. Please note that any third-party platform you link to the Services likely has its own privacy policy that governs its use and processing of your data. Please refer to any applicable third-party privacy policy for information regarding their use and processing of your information.

2. Lawful Basis for Processing: Hence’s lawful basis for processing Engagement Data is (1) the contract with you, (2) the obligation to provide you with the Services, and (3) the legitimate interest in improving our Services based on the Engagement Data processed.

3. How Hence Processes and Transfers Engagement Data: Your Engagement Data is accessible to Hence, to you, to Hence’s employees or designated agents (if applicable), and to limited third parties used to provide and improve the Services. If Hence transfers your Engagement Data to a third party, that party will be obligated to protect the confidentiality of your Engagement Data. Further, any information you include on your profile is public and accessible by everyone. Your input or delivery of Engagement Data is voluntary and you assume all risk associated with uploading your Engagement Data. Hence relies on your compliance with the agreement with you that you have all necessary rights to all Engagement Data you upload to the Services. Both during the term of the agreement with you and thereafter, Hence may also convert Engagement Data to Anonymized Data, and that Anonymized Data belongs solely to Hence to use in its sole discretion (including to sell or share Anonymized Data, which is not Data). To the extent Hence is required to delete any Engagement Data about you, Hence may still retain Anonymized Data that may have originated as your Engagement Data.

 

C. Usage Data

 

1. Data Description: Usage Data consists of the following and similar information:

• Information about your interactions with the Services, most commonly the website, which includes the date and time of any requests you make. This also may include details of your use of any advertising you receive via the Services.
• Adjustments you make to the default state of the Services, such as custom categories or settings.
• The timing of the information you post to the Services including your interactions with Hence, but not including the content of those interactions, which would be included as Engagement Data.
• Technical data which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the Services, unique device IDs, device attributes, network connection type (e.g. WiFi, 4G, LTE, Bluetooth) and provider, network and device performance, browser type, language, information enabling digital, mouse movements (including scrolling data), Please note, however, that if you disable certain functions, your use of the Services may be limited.
• Rights management, operating system, and application version.
• Motion-generated or orientation-generated mobile sensor data (e.g. accelerometer or gyroscope), if any, required for the purposes of providing specific features of the Services to you.

2. Lawful Basis for Processing: Hence’s lawful basis for processing Usage Data is (1) the contract with you, (2) the obligation to provide you with the Services, and (3) the legitimate interest in improving the Services based on the Usage Data Hence processes.

3. How Hence Processes and Transfers Usage Data: Usage Data is accessible to Hence, to you, to your employer (where applicable), and to limited third parties used to provide and improve the Services. If Hence transfers your Usage Data to a third Party, that party will be obligated to protect the confidentiality of your Usage Data. Third parties may access Usage Data through cookies, pixels, APIs, or other automatic tracking technologies, for targeted advertising, marketing, and analytical purposes. You may opt out of sharing of Usage Data with third parties by emailing us at: legal@hencecreative.com. Hence may also transfer Usage Data to other third parties at your specific request. Hence may process Usage Data to make improvements to the Services. Both during the term of the agreement with you and thereafter, Hence may also convert Usage Data to Anonymized Data, and that Anonymized Data belongs solely to Hence to use in Hence’s sole discretion (including to sell Anonymized Data, which is not Data). To the extent Hence is required to delete any Usage Data about you, Hence may still retain Anonymized Data that may have originated as your Usage Data.

 

D. Payment Data

 

1. Data Description: Payment Data is only processed when your use of the Services is subject to the payment of a fee or other charge. However, Hence does not directly process your Payment Data because Hence uses a third-party service provider that is PCI compliant to process payments. Payment Data will vary depending on the payment method you use but will likely include information such as:

• Name;
• Date of birth;
• Certain credit card information used to reference a credit card;
• Address and postal code; and
• Mobile phone number

2. Lawful Basis for Processing: Hence’s lawful basis for processing Payment Data is (1) the contract with you and (2) the legitimate interest in improving our Services based on the Payment Data we receive from you.

3. How Hence Processes and Transfers Payment Data: Hence only uses Payment Data to facilitate payment. Hence does not communicate Payment Data to third parties because Hence does not directly process your Payment Data.

 

TRANSFERRING YOUR INFORMATION

Hence does not sell your Data to third parties. Except where a specific limitation is noted above, Hence may transfer your Data as follows:

1. At Your Instruction. If you request Hence to make your Data available to a third party, and such request furthers the purposes of the Services, we will do so.
2. Transferring to Vendors. In certain cases, Hence uses the services of third-party vendors, to assist in providing the Services. Hence may transfer your Data to such vendors solely for that purpose, and will require those parties to abide by this privacy policy or privacy policies substantially in consonance with this one.
3. Third-Party Offers. Hence may allow other companies to offer you their products and services, including offers through our Services, co-branded pages hosted by the third parties, or via email. Specifically, Hence creates partnerships with third parties that provide access to industry tools. Whether or not you decide to participate in any such offers is up to you. Such third party will be authorized to process this information in keeping with our contractual relationship with them and in accordance with their own privacy policy and information practices. Hence does not control these third parties and you agree that Hence is not liable for their acts, or any failure to act on their part. These third parties may use automatic tracking technologies such as cookies or pixels within the Services for targeted advertising purposes. You may adjust your cookie settings to avoid such tracking.
4. Service Providers. Hence may use a third party to provide specific Services on its behalf, including sending emails to you, conducting surveys, processing transactions, or performing statistical analysis of the Services. In these cases, Hence may provide certain Data, such as your name, email address, and other information necessary for the service to be provided. However, these third parties are required to maintain the confidentiality of this Data and are prohibited from processing this information for any other purposes.
5. Business Transitions. If Hence goes through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of its assets, the information Hence has about you will, in most instances, be part of the assets transferred. Hence reserves the right to transfer that information in connection with such transactions without notice to you. Hence will not be required to obtain your consent for such a transfer.
6. Legal Disclosure. Hence may disclose your Data if required to do so by law or in the good faith belief that such action is necessary to conform to applicable law, comply with a judicial proceeding, court order, or legal process served on us, protect and defend our rights or property, or investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of Hence’s Terms of Service or other agreement with you.
If Hence ever plans to process any Data in the future for any other purposes not identified above and does not have a separate lawful basis for that new purpose for processing, Hence will only do so after obtaining your specific consent.

 

TECHNOLOGIES USED

The technologies Hence uses for automatic Data processing may include the following:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Services. Unless you have adjusted your browser setting so that it will refuse cookies, the system will issue cookies when you direct your browser to the Services.
• Web Beacons. Pages of the Services and Hence emails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit Hence, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
• Geolocation. Hence may use geolocation (or other similar) technology when you use the Services to determine your current location. If you do not want Hence to use your location to provide you the Services, you can turn off your location services in your device’s settings.
• Widgets. Hence may use technologies such as widgets or APIs to display parts of the Services on sites that are operated by Hence’s business partners.
• Other Technologies. Hence may also use device identifiers, local storage, html modifiers, and different types of caching to help understand the devices and users who access the Services. Those methods include device identifiers that are either hardware-based or software-based, persistent, or non-persistent, and which may identify either a device or a software module within a device (such as a web browser).

“Do Not Track” Options

Your web browser(s) may offer a “Do Not Track” option, which allows the individual to signal to operators of websites and web applications and services (including behavioral advertising services) that he or she does not wish such operators to track certain of his or her online activities over time and across different websites. Hence does its best to support Do Not Track requests but cannot guarantee full support based on the variety of internet browsers and technologies which means that Hence may process information about your online activity both while you are using the Services and after your use of the Services.

 

YOUR RIGHTS REGARDING YOUR DATA

Under applicable data protection, privacy, and other laws, you may have certain rights related to your access and control of your Data. Such rights may include the following:

1. The right to access, correct, update, or request deletion of your Data.
2. The right to object to processing or restrict the processing of your Data (Please note that if you exercise this right, it may limit or eliminate our ability to provide you the Services).
3. The right to request portability of your Data.
4. The right to opt-out of marketing communications we send you. You can exercise this right by clicking the “Unsubscribe” or “Opt-Out” link found in these communications.
5. The right to not be subject to a decision based solely on automated processing, including profiling, known as Automatic Decision Making.
6. The right to submit a complaint to any applicable regulatory authority about our processing activities.
7. The right to opt-out of Hence sharing (as defined in the CPRA) your Data, including for direct marketing purposes, subject to certain legal exceptions.
8. The right to limit use, disclosure, and restrict sensitive personal information (as defined in the CPRA).

Hence may use additional processes to verify your identity before revealing or deleting any of your Data, including two-factor or two-step authentication measures to ensure Hence can identify you.

This list may not include all of your rights under applicable laws. If you believe you have additional rights, please contact Hence using the methods in this Privacy Policy.
Further, although Hence currently does not process Data without consent, if at any time in the future Hence processes Data without your express consent, you may opt-out or withdraw consent at any time.

Please note that exercising any of the above rights may limit or eliminate Hence’s ability to provide you the Services. If so, Hence may terminate the Services due to such requests.
Hence will try to comply with your request(s) as soon as reasonably practicable and at the very least as required under applicable law. Upon receipt of your written request, Hence will provide you with a copy of your information, although in certain limited circumstances Hence may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances Hence will provide reasons for the denial to you upon request.
Please also note that if you do opt-out of receiving marketing-related emails, Hence may still send you messages for administrative or other purposes directly relating to your use of the Services, and you cannot opt-out from receiving those messages while continuing to use the Services.

Further, you may opt-out or disable certain functions on your particular device, preventing Hence from processing Data. For example, you may disable geolocation or GPS functionality on your mobile device or disable push notifications. If you disable such features, your ability to use and access the Services may be limited.
To exercise any of these rights, or if you have any questions about our processing of your Data, please contact Hence at legal@hencecreative.com.

 

A. Privacy for EU/UK Residents

The Regulation (EU) 2016/679 (General Data Protection Regulation) made effective in Europe on May 25, 2018 (“GDPR”) requires that we clearly describe to data subjects the data Hence processes and how Hence uses that data. This Privacy Policy does that and if you have any questions for us regarding data processing, please contact Hence at legal@hencecreative.com. Hence complies with the GDPR requirements to the extent they apply to Hence.

Hence is based in the United States. By accessing or using the Services or otherwise providing information to Hence, you understand that your information will be subject to processing in and to the United States and in Hence’s other locations.

Due to the nature of the Services, Hence typically acts as a “controller” as defined under the GDPR. If you believe that this role should be defined differently, please contact Hence at legal@hencecreative.com.

Pursuant to the GDPR, residents of the EU (and the EEA, as applicable) have the right to obtain our confirmation of whether Hence maintains personal information relating to them in the United States. If you are a resident of Europe, upon request from you, Hence will provide you with access to the Data that processed about you. Please contact Hence if you have any questions.

Further, if you are a resident of the United Kingdom (“UK”), to the extent the GDPR as incorporated into UK law pursuant to s.3 of the European Union (Withdrawal Act) 2018 (as amended, the “UK GDPR”) applies to Hence, we will follow all supplemental requirements under the UK GDPR and you have all rights as a UK citizen under the UK GDPR.

 

B. Privacy for California Residents

California adopted the California Consumer Privacy Act (“CCPA”), which took effect at the beginning of 2020 and has now adopted the California Privacy Rights Act (“CPRA”), which fully took effect January 1, 2023. Hence complies with the requirements of the CCPA and CPRA to the extent they apply.
If you are a California resident, you may request to exercise your rights for any Data Hence has processed in the 12 months prior to your request. Such request covers any categories, sources, purposes, and, if applicable, third parties to whom Hence transfers the Data. Further, you can exercise any of your rights free of discrimination, for example, Hence cannot increase the price of the Services or decrease the quality of the Services because you exercise your rights.

Due to the nature of our Services, Hence typically acts as a “business” as defined under the CCPA and CPRA. If you believe that this role should be defined differently, please contact Hence at legal@hencecreative.com.
For more information, please direct your questions to Hence at legal@hencecreative.com.

 

C. Other Data Privacy and Protection Laws

Hence strives to comply with all data protection and privacy laws in applicable jurisdictions, to the extent such laws apply the Services. Hence strives to be transparent about data processing activities and have disclosed its practices throughout this Privacy Policy. If you have any questions about your rights under any applicable data protection and privacy laws, please contact Hence at legal@hencecreative.com.

 

SECURITY

The security of your Data is important. Hence uses commercially reasonable efforts to process your Data in a secure environment. Hence takes technical, contractual, administrative, and physical security steps designed to protect Data that you provide. Hence has implemented procedures designed to limit the dissemination of your Data to only such designated staff as are reasonably necessary to carry out the stated purposes communicated to you.

 

THIRD-PARTY POLICIES

You may be able to access third-party websites and other tools and services or products via a link on the website, mobile application, or via our other tools. The privacy policies of these third parties are not under Hence’s control and may differ from this Privacy Policy. The use of any Data that you may provide to any third parties will be governed by the privacy policy of such third party or by your independent agreement with such third party, as the case may be. If you have any doubts about the privacy of the information you are providing to a third party, Hence recommends that you contact that third party directly for more information or to review its privacy policy.
This Privacy Policy does not address, and Hence is not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any offering, site, or other products and Services used in connection with the Services. The inclusion of a link does not imply endorsement of the linked site or service by Hence or by its affiliates.

 

DATA RETENTION

Hence will process your Data for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of the relationship with you. We may process certain Data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of Anonymized Data, account recovery, or if required by law. All retained information will remain subject to the terms of this Privacy Policy.

 

AMENDMENT OF THIS PRIVACY POLICY

Hence reserves the right to change this Privacy Policy at any time. If Hence changes this Privacy Policy in the future, it will post or provide appropriate notice. Unless stated otherwise, our current Privacy Policy applies to all Data that Hence has about you and your account. The date on which the latest update was made is indicated at the top of this document. Hence recommends that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Services signifies your acceptance of any changes.

 

CONTACT US

You can help by keeping Hence informed of any changes such as a change of your personal contact information. If you would like to access your information, if you have any questions, comments, or suggestions of if you find any errors in our information about you, please contact Hence at legal@hencecreative.com. If you have a complaint concerning Hence’s compliance with applicable privacy laws, Hence will investigate your complaint and if it is justified, take appropriate measures.