Privacy Policy

This Privacy Policy describes how Hyper Collective Inc. (“Hyper,” “we,” “us,” or “our”) collects, uses, discloses, and protects personal information when you access or use Hyper’s website, web application, dashboards, onboarding flows, creator tools, merchant tools, campaign tools, referral tools, messaging interfaces, review links, prepared activation packages, payment flows, and related services (collectively, the “Platform”).

This Policy should be read together with Hyper’s Terms of Service, including any Creator Agreement, Merchant Agreement, Connector Agreement, Campaign Terms, Referral Program Terms, promotional terms, SMS consent terms, and payment processor terms that apply to you.

This Policy applies to:

• Hyper websites and web applications;
• creator, merchant, connector, admin, referral, and campaign workflows;
• Prepared Activation Packages and review links;
• mobile and messaging interfaces, including SMS and WhatsApp-based interactions;
• support, sales, onboarding, and concierge activation interactions;
• referral, attribution, promotional credit, and Launch Match workflows; and
• any services operated by Hyper.

This Policy does not apply to:

• third-party social media platforms, such as Instagram, TikTok, YouTube, Meta, or Google;
• third-party payment processors, banks, identity providers, messaging providers, analytics providers, or hosting providers except where Hyper receives data from them;
• external websites linked from the Platform; or
• restaurants, creators, connectors, or other third parties acting independently of Hyper.

Third-party services have their own terms and privacy policies.

We collect information you provide directly, including:

• name, email address, phone number, and contact preferences;
• account credentials and sign-in information;
• creator profile information, handles, neighborhoods, social links, content categories, preferences, and payout setup information;
• merchant profile information, including business name, address, website, social links, location, neighborhood, business description, campaign goals, campaign restrictions, operating details, offers, visit instructions, and authorized representatives;
• connector or referrer profile information;
• communications with Hyper, including support, sales, onboarding, concierge activation, and feedback messages;
• Campaign briefs, submitted post links, creator certifications, screenshots, approvals, edits, disputes, and related evidence;
• referral links, invite codes, referral claims, introduction records, and attribution information;
• tax, payout, invoice, and payment-related information, which may be processed by third-party providers such as Stripe; and
• acknowledgment and consent records, including Terms acceptance, Privacy Policy acknowledgment, Campaign approval, card authorization, referral program acceptance, promotional offer acceptance, SMS opt-in, and privacy preferences.

When you connect a social account, submit a post, participate in a collaboration, or otherwise authorize Hyper to review creator content, we may collect:

• usernames, handles, profile information, account type, profile URL, and public bio information;
• follower counts and public audience signals;
• public or authorized post data, including captions, images, videos, stories, links, timestamps, tags, hashtags, platform labels, and post status;
• engagement metrics, such as reach, views, likes, comments, shares, saves, and other platform-reported metrics;
• submitted post links and screenshots;
• whether required disclosures are present;
• whether a post and its metrics are public and measurable through the required measurement window; and
• creator collaboration history and payout-relevant activity.

This data may be obtained through:

• official platform APIs with your authorization;
• public post links or profile links you submit to us;
• screenshots or evidence you provide;
• platform data made available to Hyper through connected accounts or campaign workflows; and
• manual review by Hyper personnel for campaign, assessment, compliance, or support purposes.

Hyper does not purchase creator social data from third-party data brokers. If Hyper reviews public social content, it does so to operate the Platform, assess fit, verify posts, measure campaigns, prevent fraud, or support creator/merchant workflows. You can disconnect a connected social platform in your profile where available, but disconnecting may limit measurement, payouts, verification, or eligibility for certain Campaigns.

Hyper may collect, create, infer, and update assessment and classification information about Creators, Merchants, Campaigns, content, audiences, locations, and fit. This may include:

• creator content observations;
• campaign-specific requirements and fit assessments;
• cuisine, venue, neighborhood, tone, style, audience, format, production, reliability, and category signals;
• creator taste preferences, restaurant affinity, declared locality, and posting neighborhood;
• available engagement evidence and evidence freshness;
• missing or unknown evidence indicators;
• collaboration history and campaign fit history;
• internal notes, admin review outputs, and decision-support summaries;
• scores, labels, recommendations, rankings, or allocation signals; and
• updates or recalculations when evidence or campaign requirements change.

Assessment data is used to understand where Creators, Merchants, and Campaigns may fit best. It is not intended to create a universal creator-quality gate. Missing evidence is not automatically treated as negative unless a specific requirement is mandatory for a Campaign, safety rule, fraud control, payment requirement, legal obligation, or platform-integrity reason.

We may collect business and public information about restaurants, venues, brands, and prospects, including:

• restaurant name, address, neighborhood, website, phone number, email, and social profile links;
• public business descriptions, menus, hours, reservation links, ordering links, press mentions, ratings, reviews, photos, and public profile information;
• public website, search, and social signals;
• internal lead and prospect records;
• sales, outreach, waitlist, and onboarding status;
• Community Engine or Discovery records; and
• information provided by merchants, creators, connectors, public sources, or Hyper personnel.

We use this information to prepare Campaigns, support onboarding, prepare merchant profiles, create Prepared Activation Packages, assess fit, avoid duplicate records, prevent fraud, and operate the Platform.

Hyper may collect and use creator interest, self-reported creator relationship signals, collaboration reasons, potential match signals, and restaurant-specific evidence to prepare merchant-facing opportunities.

Prepared Activation Packages may include:

• public restaurant information;
• recorded creator demand, where supported by saved evidence and permitted for sharing;
• privacy-filtered counts or summaries of creator interest;
• potential creator matches based on available assessment data;
• draft Campaign recommendations;
• Launch Match or promotional offer information;
• public social, website, search, or presence signals; and
• claim, review, expiration, and activation status.

Recorded demand and potential matches are different. Potential matches do not mean a Creator has confirmed interest or availability. Review links do not verify ownership and do not provide access to private account information.

If you participate in a referral, connector, ambassador, invite, or network-growth program, we may collect:

• referral links, invite codes, UTM parameters, campaign labels, landing pages, and referring domains;
• referrer and referred-user identifiers;
• introduction records and attribution evidence;
• referral eligibility, status, cohort start and end dates, payout rates, and payout calculations;
• fraud, duplicate, self-referral, chargeback, refund, and attribution review signals;
• disclosure and compliance records; and
• referral payout, tax, and payment records.

We use this information to administer referral programs, attribute referrals, calculate Referral Earnings, prevent abuse, and comply with tax and legal obligations.

We may collect or receive information related to:

• saved payment methods, invoices, charges, refunds, chargebacks, failed payments, balances, true-ups, and receipts;
• payout account status, payout amounts, payout timing, tax forms, and payment processor verification;
• Campaign spend, IU pricing, Campaign goals, settlement timing, and billing authorization;
• Launch Match, promotional Credit, discount, bonus, match, guarantee, or incentive eligibility, redemption, expiration, reversal, and fraud review; and
• payment processor records necessary to operate, verify, support, or reconcile the Platform.

Payment and payout information may be processed by third-party providers such as Stripe, and their terms and privacy policies may apply.

We automatically collect:

• IP address, device type, browser type, operating system, and approximate location derived from technical data;
• log data, pages visited, links clicked, time spent, referring pages, and interactions;
• account activity, session information, authentication events, and security logs;
• review link opens, prepared package views, claim attempts, and activation funnel events;
• error reports, diagnostics, and performance metrics; and
• cookie, attribution, analytics, and preference data as described below.

We use information to:

• create and manage accounts;
• verify identity, authority, business information, social accounts, payment methods, payout accounts, and tax information;
• onboard Creators, Merchants, Connectors, and prospects;
• create, prepare, administer, measure, report, pause, and settle Campaigns;
• process payments, payouts, refunds, chargebacks, credits, and invoices;
• provide dashboards, reports, notifications, receipts, support, and customer service; and
• maintain Platform availability, security, records, and audit trails.

• match Creators and Merchants;
• classify Creators, Merchants, Campaigns, content, audiences, locations, and fit signals;
• prepare creator recommendations, potential matches, and Campaign drafts;
• allocate Campaign opportunities;
• calculate and verify Influence Units;
• assess post eligibility, disclosure, public status, and measurement windows;
• refresh or update assessments when evidence or requirements change; and
• improve allocation, measurement, and reporting.

• prepare Prepared Activation Packages;
• distinguish recorded demand from potential matches;
• show outreach-safe information to prospective Merchants;
• create review links and activation links;
• track review, claim, verification, and activation status;
• support concierge setup and admin-assisted Campaign preparation; and
• help Merchants review and authorize recommended Campaigns.

• attribute referrals and invite codes;
• calculate and pay Referral Earnings;
• detect duplicate, stale, fraudulent, or self-referrals;
• administer Launch Match, Credits, bonuses, discounts, guarantees, or other promotions;
• apply eligibility rules, expirations, reversals, and chargeback adjustments; and
• maintain payout and tax records.

• detect fake accounts, fake engagement, bots, manipulated metrics, self-referrals, duplicate records, chargeback abuse, payment failures, and other suspicious activity;
• protect Creators, Merchants, Connectors, Hyper, and third parties;
• enforce Terms, Campaign Terms, referral rules, disclosure rules, and platform-integrity standards;
• investigate disputes and support requests; and
• comply with legal, tax, sanctions, safety, and regulatory obligations.

• send service updates, onboarding messages, Campaign updates, payment and payout notices, support messages, receipts, reminders, and policy updates;
• respond to inquiries;
• send SMS or WhatsApp messages only where permitted by law and your communication choices;
• send referral, invite, review-link, or activation communications where permitted; and
• provide optional marketing communications where allowed and subject to opt-out rights.

• improve algorithms, AI models, measurement systems, creator assessment, matching, reporting, onboarding, and user experience;
• analyze Platform performance and funnel conversion;
• develop new features;
• create aggregated or de-identified analytics; and
• test and monitor system quality, reliability, and security.

Hyper uses automated systems, human review, and artificial intelligence to support:

• creator and merchant classification;
• Campaign matching and allocation;
• Prepared Activation Packages;
• potential creator match recommendations;
• IU measurement;
• fraud detection and integrity review;
• referral attribution and payout review;
• Launch Match or promotional eligibility review;
• content, evidence, and disclosure review; and
• Platform optimization.

Automated or AI-supported outputs may affect visibility, recommendations, allocation, payment review, payout timing, referral attribution, fraud holds, and Platform access where permitted by law and applicable terms.

Assessment and classification systems are intended to support fit and allocation, not to impose one universal access gate. Hyper may restrict or remove access for safety, fraud, legal, sanctions, payment, tax, age, platform-integrity, or similar reasons.

Automated outputs may be incomplete, inaccurate, stale, or based on limited evidence. Hyper may use human review, support processes, and updated evidence to correct or revise outputs.

We may share information as described below.

We share information with service providers that help us operate the Platform, including:

• payment processors and payout providers;
• cloud infrastructure and hosting providers;
• analytics and attribution providers;
• messaging providers, including SMS, email, and WhatsApp-related providers;
• identity, fraud, tax, compliance, and security providers;
• customer support and communication tools; and
• professional advisors.

We may share limited information between Creators and Merchants as needed to operate Campaigns, including:

• Merchant name, location, brief, Campaign goals, visit instructions, restrictions, and approved offers;
• Creator handle, profile information, submitted content, post links, campaign status, and eligible performance information;
• Campaign reports, delivered posts, verified IU, spend, and relevant engagement metrics;
• disclosure, eligibility, and compliance status where relevant; and
• support or dispute information needed to resolve a Campaign issue.

Merchants do not receive unlimited Creator assessment data unless Hyper chooses to expose specific outreach-safe, Campaign-relevant, or authorized information. Creators do not receive private Merchant account, payment, or billing details except where necessary for a Campaign.

Prepared Activation Packages may display outreach-safe information to intended recipients before verified account claim. This may include public restaurant information, privacy-filtered creator demand, potential creator matches, draft Campaign direction, and promotional information.

Hyper does not intentionally include private account data in pre-authentication review links. Hyper may limit, expire, revoke, or change review links at any time.

If you are referred to Hyper, or if you refer someone to Hyper, we may process and share limited referral status information needed to administer the referral program, such as whether a referral was attributed, pending, ineligible, or paid.

We do not intend to disclose unnecessary private Campaign, payment, payout, or account details to referrers or connectors. Referral payout calculations may use gross eligible IU revenue, Hyper’s internal funding records, chargeback, refund, and eligibility data internally.

When you connect or use a third-party service, we may exchange information with that service according to your authorization and that service’s terms. For example, we may receive social post metrics from official APIs or use payment processor tools for charges and payouts.

We may disclose information if we believe disclosure is necessary to:

• comply with law, legal process, tax obligations, sanctions rules, or regulatory requests;
• enforce our Terms, Campaign Terms, Referral Program Terms, or other agreements;
• detect, prevent, or address fraud, abuse, security, or technical issues;
• protect the rights, safety, property, or interests of Hyper, Users, or others; or
• investigate disputes, chargebacks, claims, or potential violations.

We may disclose or transfer information in connection with a merger, acquisition, financing, reorganization, bankruptcy, sale of assets, or similar transaction.

We may use and share aggregated, anonymized, or de-identified information that does not reasonably identify you, including for analytics, benchmarking, reporting, product development, and marketing.

Notwithstanding anything else in this Policy, Hyper does not share, sell, rent, or otherwise provide mobile phone numbers or SMS consent information to third parties or affiliates for their marketing or promotional purposes. Mobile numbers and SMS consent information are disclosed to telecommunications and messaging providers only as needed to deliver and manage messages on Hyper’s behalf, or as otherwise required by law.

Mobile phone numbers collected by Hyper are used to provide requested services, account communications, onboarding, Campaign communications, creator visits, activity updates, performance reports, payout notices, billing notices, reminders, and support.

For SMS, consent is optional and is not a condition of using Hyper. Creating an account, signing in, or accepting policies does not opt you into SMS. SMS enrollment requires a separate affirmative opt-in.

For SMS, we collect:

• mobile number;
• opt-in and opt-out status;
• when and where consent was given or withdrawn;
• message delivery metadata;
• HELP and STOP events; and
• related support records.

Messages may be recurring. Message frequency varies. Message and data rates may apply. Reply STOP to opt out of SMS at any time. Reply HELP for assistance, or contact hello@thehyper.co.

WhatsApp or other messaging channels may be governed by additional provider terms and available account controls.

We use cookies and similar technologies to:

• maintain sessions and authentication;
• remember preferences;
• measure performance;
• improve Platform functionality;
• support attribution and analytics;
• protect against fraud and abuse; and
• understand onboarding, review-link, referral, and activation flows.

When you allow optional signup attribution, Hyper may remember campaign labels, public landing pages, referral links, invite codes, UTM parameters, review links, and referring domains for up to 90 days. You can change this choice using Attribution preferences where available. Declining optional attribution does not prevent signup.

We may retain acquisition, referral, waitlist, and onboarding records associated with your account, referral, review link, or waitlist request for up to 13 months, or longer where needed for tax, fraud, legal, payment, referral, or dispute records.

We do not use browser fingerprinting for optional signup attribution.

We retain personal information for as long as reasonably necessary for the purposes described in this Policy, including to operate the Platform, comply with law, resolve disputes, enforce agreements, prevent fraud, support tax and payment obligations, and maintain accurate records.

Retention periods vary by category. For example:

• account and profile records are retained while your account is active and for a reasonable period afterward;
• Campaign, IU, billing, payout, and tax records may be retained as needed for accounting, tax, legal, payment, and dispute purposes;
• SMS consent records are retained as needed to prove consent and opt-out status;
• referral and attribution records may be retained through the referral term and for a reasonable dispute, tax, and fraud-review period;
• Prepared Activation Package records may be retained to support sales, claim, activation, fraud, and audit workflows;
• assessment data may be retained and refreshed while it remains relevant to Platform operation, allocation, safety, fraud review, or Campaign history; and
• security and fraud records may be retained longer where necessary to protect the Platform and Users.

We may retain aggregated, anonymized, or de-identified information without time limit where permitted by law.

Depending on where you live, you may have rights to:

• access personal information we hold about you;
• request correction of inaccurate information;
• request deletion of certain information;
• receive a copy of certain information;
• restrict or object to certain processing;
• opt out of certain uses or disclosures;
• withdraw consent where processing is based on consent; and
• appeal a denied request where applicable.

To exercise rights, contact hello@thehyper.co. We may require identity verification before processing a request.

Some information may be exempt from deletion or access requests where needed for tax, payment, fraud prevention, security, legal compliance, dispute resolution, free-expression, or contractual reasons.

This section provides additional information for California residents.

Depending on your interaction with Hyper, we may collect:

• identifiers, such as name, email, phone number, username, account ID, IP address, and device identifiers;
• customer records information, such as business contact information, billing records, and payment-related information;
• commercial information, such as Campaign activity, purchases, credits, payouts, referral activity, and transaction records;
• internet or electronic activity, such as pages viewed, links clicked, log data, post links, public social metrics, and usage data;
• geolocation-related information, such as approximate location, declared neighborhood, restaurant location, creator locality, and campaign geography;
• professional or business information, such as merchant role, creator profile, connector role, restaurant information, and business authority;
• audio, electronic, visual, or similar information, such as submitted content, screenshots, images, videos, and communications;
• inferences and assessment data, such as campaign fit, creator classification, preferences, reliability, fraud signals, and allocation recommendations; and
• sensitive personal information only where needed, such as precise account verification, payment, tax, government ID, or similar compliance data handled by Hyper or its providers.

We collect information from:

• you;
• your connected accounts or submitted links;
• Creators, Merchants, Connectors, and other Users;
• public business, website, search, and social sources;
• payment processors, messaging providers, analytics providers, and other service providers;
• Hyper personnel and internal tools; and
• referrals, waitlists, review links, and outreach workflows.

We use personal information for the purposes described in Sections 4 and 5, including Platform operation, Campaign administration, matching, classification, measurement, payments, payouts, referrals, promotions, fraud prevention, communications, analytics, and legal compliance.

We may disclose the categories above to service providers, Creators, Merchants, Connectors, third-party integrations, legal authorities, professional advisors, and business transfer recipients as described in Section 6.

Hyper does not sell personal information for money. Hyper does not share mobile phone numbers or SMS consent information with third parties or affiliates for their marketing or promotional purposes.

Some analytics or advertising cookies may be considered a “sale” or “sharing” under California law depending on how they are configured. Where required, Hyper will provide a way to opt out.

Hyper uses sensitive personal information only for permitted business purposes, such as identity verification, payment, payout, tax, fraud prevention, security, legal compliance, and Platform operation. Hyper does not use sensitive personal information to infer characteristics except as permitted by law.

California residents may have the right to:

• know/access personal information;
• delete personal information;
• correct inaccurate personal information;
• opt out of sale or sharing where applicable;
• limit certain uses of sensitive personal information where applicable; and
• not be discriminated against for exercising privacy rights.

Contact hello@thehyper.co to exercise these rights. Authorized agents may submit requests where permitted by law, subject to verification.

Hyper is based in the United States. Your information may be processed in the United States and other jurisdictions that may have different data protection laws than your location.

Where required, Hyper will use appropriate safeguards for international transfers.

We use commercially reasonable administrative, technical, and organizational safeguards designed to protect personal information, including access controls, encryption where appropriate, monitoring, and vendor controls.

No system is completely secure. You are responsible for maintaining the confidentiality of your account credentials and promptly notifying us of suspected unauthorized access.

The Platform is not intended for individuals under 18. We do not knowingly collect personal information from children under 18.

The Platform may link to or integrate with third-party services, including social media platforms, payment processors, messaging services, analytics providers, and restaurant websites. We are not responsible for their privacy practices.

Your use of third-party services is governed by their terms and privacy policies.

We may update this Privacy Policy from time to time. If we make material changes, we may provide notice by posting the updated Policy, updating the effective date, sending notice, requiring acceptance, or another reasonable method.

Your continued use of the Platform after the updated Policy becomes effective means you acknowledge the updated Policy, except where express consent is required by law or by a separate Hyper program flow.

For questions or requests:

Hyper Collective Inc. 510 24th St, Manhattan Beach, CA 90266-2207-105, United States of America hello@thehyper.co