POWDER PRIVACY POLICY

**PLEASE NOTE THAT THESE PRIVACY PRACTICES GOVERN OUR UNITED STATES AND EUROPEAN UNION USERS. OUR PRACTICES MAY BE DIFFERENT IN OTHER COUNTRIES AND JURISDICTIONS.

INTRODUCTION

Welcome to POWDER!

This privacy policy (“Privacy Policy”) governs and explains POWDER’s privacy policies and practices on our mobile phone application “POWDER” (the “App”). POWDER is referred to as “POWDER”, “we”, “us”, or “our”.

This Privacy Policy is incorporated into, and governed by, our Terms and Conditions. All capitalized terms contained in our Privacy Policy that are not defined will have the meaning given them in our Terms and Conditions. If you are accessing, viewing, and/or using our Platforms, the following privacy terms will apply to our collection and use of your Information.

We do not allow users under thirteen (13) years of age. If you (1) are under thirteen (13) years old, or (2) do not have your parent’s and/or guardian’s consent if under eighteen (18) years of age, then you are not authorized to view, access, or use our Platforms, or our services.

YOU ALSO AGREE THAT YOUR INFORMATION MAY BE COLLECTED BY AND USED BY SNAPCHAT, SUBJECT TO SNAPCHAT’S TERMS AND CONDITIONS AND PRIVACY POLICY. BY USING THE APP, YOU AGREE TO SNAPCHAT’S TERMS AND CONDITIONS AND PRIVACY POLICY.

WHAT WE COLLECT FROM OUR USERS

Personal Information

We may collect personally identifiable information that you provide to us through our Platforms.

Currently, we only collect potentially personally identifying information that you submit to our Platforms as text input when you register for an account on our Platforms (and/or update your account information from time to time). Your text input may contain personally identifying information such as your name, email address, and telephone number.  However, we do not ask for your full legal name, your exact age, and/or your gender upon creating an account.

We may in the future collect other personally identifying information in order to enhance our Services and the Platforms (collectively, “Personal Information”), through text input or analytical software programs. We will notify you of any future collections of (and our methods of collecting) any other personally identifying information.

We currently only store your Personal Information collected through text input; all Personal Information is stored locally on your mobile device. However, we may in the future store your Personal Information remotely through our Processors. In the event that we do, we will notify you via a notification to all users of our Platforms.

User Data

We may in the future collect and track certain information about you that may not constitute Personal Information. This includes, but may not be limited to: collecting and tracking your session ID; your server domain names; date and time of your visit(s) to our Platforms; the originating IP address(es); Game Content viewed and/or shared by you; number of likes on Game Content; amount of time spent on Game Content; number of views of Game Content; search engine(s) used by you to find our Platforms; the type of operating system you use; various information and data on how you use our Platforms, and the type of Web browser(s) for Users of our Platforms; the language you use in your web browser(s); operating system(s) on your mobile phone(s); your mobile device type and related technical information; the state or country from which you access our Platforms; the number of links or other features you click within our Platforms; the functions you use on our Platforms; the specific Game Content that you create, view, share, repost, react to, save, screenshot, or download from our Platforms, where offered; Http headers, where applicable; Snap, Snap camera data, and Snap login information; your social network or phone contacts, where permission given; and/or optional values such as custom data events and conversion values on our Platforms (the “User Data”). We also may aggregate any such User Data, which is typically collected, analyzed, and maintained in aggregated and de-identified formats.

We generally do not collect (a) your geo-location data, (b) your gender, and/or (c) your age (other than to verify that you are over thirteen (13) years old in accordance with our Terms and Conditions.

User Content

Please note that:

Opting Out of Collection and Storage

If you don’t want to provide any of the Personal Information described above, and/or if you prevent us from collecting and storing the User Data as described in this Privacy Policy, you may be unable to view, access, and/or use our Platforms. However, you can choose to opt-out of certain provisions of this Privacy Policy by submitting a request in writing to contact@powder.gg. Please note that this opt-out process may take some time to complete, consistent with applicable law. You agree that we are not liable for any portion of our Platforms that does not operate properly after you take these actions. Please note that this includes the ability for California residents to request various portions of Personal Information not be collected or stored under applicable California law.

HOW WE COLLECT INFORMATION

To collect User Data, we may in the future use various third party processors (“Processors”) on our Platforms. We currently use Amplitude. We may change and/or add other Processors from time to time in our discretion. By downloading, using, and accessing our Platforms, you agree that we may use, and rely upon our third party Processors to collect, store, and analyze the data and information described in this Privacy Policy in de-identified formats.

Using our Processors, we will collect Personal Information and User Data (collectively, the “Information”) about you directly through our Platforms by assigning each user a tracking number for as long as each user uses the Platform(s).

We use these Processors primarily to: provide you with our Platforms; create, edit, and share Game Content; repost to your Social Media Accounts; enhance your user experience on our Platforms; enhance our offerings; create user accounts; enable login functionality; provide you updates; and enable our Platforms to function smoothly. These third party processors may at various times have access to, and store, Personal Information and User Data.

By accessing and viewing our Platforms, providing your Information, and accessing our Products and Services, you agree to each of our Processor’s privacy policies, which are hyperlinked where listed above.

OUR USE OF COLLECTED INFORMATION

We do not sell your Personal Information or User Data to third parties. We use a system that collects and stores this data in an anonymous way.

However, in the future we may collect and store the Information collected for the reasons listed above, as well as for other internal reasons, including, but not limited to: (a) monitoring, researching, and analyzing traffic flow on our Platforms; (b) better service provision for Users of our Platforms; (c) compilation and aggregation of anonymous information about usage of our Platforms, as well as creation and sharing of Game Content and comments; (c) provide announcements about App features, products, Game Content, and updates, and/or (d) provide various product and service promotions. In addition, we may use your Personal Information to maintain contact with you.

DISCLOSURE OF PERSONAL INFORMATION

We will only share your Information with the providers of your Social Media Accounts (as required by ther respective policies), our Processors, partners, subsidiaries, affiliates, and parent companies on an anonymous and aggregate basis wherever possible. However, we may also disclose your Information to unaffiliated third parties if we believe in good faith that such disclosure is necessary, including, to: (a) comply with the law or in response to a subpoena, court order, government request, and/or other legal process; (b) produce relevant documents or information in connection with litigation, arbitration, mediation, adjudication, government or internal investigations, and/or other legal or administrative proceedings; and/or (c) protect the interests, rights, safety, or property of our Users or others.

SECURITY OF PERSONAL INFORMATION

Any Personal Information you provide to us is currently stored locally on your phone.

We use commercially reasonable administrative, technical, personnel, and physical measures and efforts: (a) to safeguard Personal Information against loss, theft, unauthorized use, disclosure, or modification; and (b) to ensure the integrity of the Personal Information. To help us protect your privacy, you should maintain the secrecy of any login ID(s) and password(s) you may have set up in connection with your viewing and access of our Platforms, and the use of our Services (as required from time to time).

Despite our efforts to protect your Personal Information, the confidentiality of any communication or material transmitted to or from us via our Platforms, via the Services, via your mobile device, or via e-mail cannot be, and is not, guaranteed. Accordingly, you agree that we are not responsible for the security of information transmitted to or from you via the Internet.  

In addition, to protect your Personal Information, never share your password and/or Personal Information with anyone (if and when such information is actually required by us). If you feel that your password or Personal Information has been discovered or compromised, you should change it immediately by logging onto our Platforms and accessing your profile to change your password.

ACCESS TO, AND ABILITY TO CORRECT, PERSONAL INFORMATION

You may modify, correct, change or update your Personal Information by updating your information in your account settings or by contacting us at contact@powder.gg.  We will make commercially reasonable efforts to accommodate your request and typically process requests within thirty (30) calendar days from receipt of your request(s). However, we reserve the right to impose certain restrictions and requirements on such access requests, if allowed or required by law.

STORING & DELETING YOUR INFORMATION

We store any collected Information in anonymous formats on our servers. Various data can be deleted by you by sending us a written request to contact@powder.gg. As stated above, we typically remove this information where possible within thirty (30) calendar days from receipt of your request.

FINANCIAL DATA

The Platforms and our Services currently free, so we do not ask for and/or collect any of your financial data (such as credit card information). 

RIGHT TO CHANGE PRIVACY POLICY

If you choose to visit, view, access, and/or use our Platforms in the United States, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms and Conditions, including, but not limited to, limitations on damages, resolution of disputes through arbitration, and application of the laws of the State of New York. If you have any concern about privacy on our Platforms, our Content, and/or our services available on or through our Platforms, please contact us with a thorough description, and we will try to resolve it.

Our business changes, and both this Privacy Policy and our Terms and Conditions, may change accordingly. We reserve the right to change this Privacy Policy at any time. Please check our Platforms and this Privacy Policy frequently to see any changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Your continued used of our Platforms and/or the Services available on or through our Platforms will be interpreted as your acceptance of any such changes and updates to this Privacy Policy.

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California Civil Code Section 1798.83 provides you with the right to request certain information regarding disclosure of your Personal Information to third parties for direct marketing purposes, including a description of the categories of Personal Information, be disclosed. In order to obtain such information, please email your request to contact@powder.gg .

USERS FROM THE EUROPEAN UNION AND THE UK

If you are a resident in, or a national of, the EU and/or the UK, you confirm your acceptance of the Privacy Policy statements set out above but only insofar as they are not altered, changed or enhanced by the following provisions required by the EU General Data Protection Regulation.

The Lawful Basis for Processing Your Personal Data 

In processing or holding your personal data in connection with the purposes set out in this Privacy Policy, We may rely on one or more of the following legal reasons, depending on the circumstances, where:

Transfer of Your Personal Information

Due to the nature of our business, we may from time to time transfer your personal data to other jurisdictions and/or countries. Where such a transfer occurs your personal data will be treated with reciprocal rights to those granted to you under the General Data Protection Regulation where applicable.

LANGUAGE AND TRANSLATIONS.

This Privacy Policy has been drafted in the English language and any translation hereof shall be deemed to be for information purposes only.

In the event of any dispute related to any non-English translation of this Privacy Policy, the English language version shall govern.