POWDER – TERMS AND CONDITIONS


Effective Date: 2021-11-09

Welcome to POWDER!

These terms and conditions (“Terms”) govern your (“you” or “your”) access to and use of the Powder platform, which includes the Powder app (the “App”) and the Powder website, and all content, features, and materials thereon (collectively, the “Platform”) provided by Unique Entertainment Expérience SAS d/b/a Powder (“Powder” or “we”, “our” or “us”).

These Terms include our policy for acceptable use of the Platform.  These Terms also incorporate, by this reference, our Privacy Policy which explains how we collect and use your information and data, and our Community Guidelines, which govern conduct and content on the Platform. In order to participate in certain new or limited time features or services on the Platform, you may be notified that you are required to agree to additional terms and conditions.   The Terms, Privacy Policy, Community Guidelines and any additional terms constitute the “Agreement” governing your use of the Platform.

By using the Platform, you agree that (i) you are 13 years of age or older, and (ii) you have read and agree to be bound by the Agreement.  If you (1) don’t agree to these Terms, (2) are under 13 years of age, and/or (3) don’t have your parent’s and/or guardian’s permission where required, you are not permitted to access the App or the Platform and must exit immediately.  Please note that you are solely responsible for obeying the laws of the state(s) and countries in which you reside and from which you access the Platform.

We may modify the Agreement from time to time, and such modifications shall be effective upon posting on the Platform.  Your continued use of the Platform constitutes your agreement to the then-current Agreement.  Review the Agreement regularly to ensure you are updated as to any changes.  If you do not agree with the modifications, stop using the Platform immediately.

Please note that the “Arbitration” section below includes an arbitration clause and class action waiver.  By agreeing to the Agreement, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions.  You have the right to opt-out of arbitration as explained in the Arbitration section.

I. SERVICES – HOW TO USE POWDER

Powder allows you to create and view highlights from recorded gameplay on various online, PC and console video games (“Game Content”).  The Platform, using Powder’s proprietary AI, gives registered users (“Users”) the ability to identify, create and accumulate their best clips from gaming sessions (“Clips”), including sessions streamed through third party platforms like Twitch and YouTube (collectively, “Third Party Platforms”).  The Platform also allows Users to share and interact with those Clips.

If you use the Platform without creating an Account, you are a “Viewer” for purposes of this Agreement, and you will be unable to use features of the platform that require an Account.

Except for those Sections that are specifically limited to Users (such as Sections II and III), references to “you” or “your” in this Agreement refer to you, regardless of whether you are a Viewer or a User.

We only share Clips when we have been authorized to do so by the applicable User.  If you want to see the full stream from which the Clip was taken, the Platform will, whenever applicable, use commercially reasonable efforts to link to the stream on the Third Party Platform.  You may be required to establish an account with such Third Party Platform in order to view the stream on the Third Party Platform.

II. YOUR ACCOUNT / PASSWORD SECURITY / SUSPENSION, TERMINATION

In order to become a User, you must register for an account with us (an "Account").  This Section II applies to Users only.

When creating or updating an Account, you are required to provide us with certain personal information, such as your phone number (for our App), e-mail address or certain information relating to your accounts on Third Party Platforms (for Users who want to create Clips or enable other features requiring connection to a Third Party Platform).  We will use and retain your phone number for the limited purpose of verifying and authenticating your Account, and you consent to this use by providing us your phone number during Account registration.  Otherwise, all of this personal information will be secured and used in accordance with our Privacy Policy.

You may also add a profile picture and/or a short personal biography to your account, at your option. You are not required to add these. If you do, you agree that your username, bio, and profile picture comply with this Agreement and our Community Guidelines.  We may take down (and/or request that you change) your username, bio, and profile picture if we determine in our sole discretion that either violates these Terms and/or the Community Guidelines.

You may never use another's Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.

You are responsible for (i) keeping confidential any password that you created to use any aspect of the Platform requiring registration and (ii) restricting access to your computer or mobile device.  You agree to accept full responsibility for all activities that occur within your Account.  You must notify us immediately of any breach of security or unauthorized use of any part of your Account.

Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our contributors, third-party licensors, content providers, merchants, advertisers, sponsors, and service providers (collectively, “Powder Providers”) due to such unauthorized use.

Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of the Platform at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of the Platform.  We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Platform if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.

III. USER CONTENT

This Section III applies to Users only.

A. Permissions

If you are a User, any content you submit or authorize for use on the Platform will be referred to in this Agreement as “Your Content.”  Your Content will include any Game Content (and resulting Clips) that you either submit to us or authorize us to capture using our AI technology from your accounts on any Third Party Platforms.  Your Content will also include any messages you may post through our comment or chat functionality, or otherwise submit or upload using the Platform.

For clarity, if you provide us with any information about or access to your account on any Third Party Platform, you are hereby authorizing us to capture Clips from that Third Party Platform and to include those Clips on the Platform (as set forth in more detail below).

By submitting or authorizing us to use Your Content, you automatically grant us the royalty-free, worldwide, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute (i) Your Content and (ii) your name, gamertag, likeness, image, voice and performance (as captured in Your Content), in whole or in part, worldwide on and in connection with the Platform and its features. You also hereby grant each User a non-exclusive license to access Your Content through the Platform, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Platform and under this Agreement.  You also acknowledge and agree that we may refuse any of Your Content or remove any of Your Content from the Platform at any time, including if we believe it violates any terms of this Agreement or if we receive a takedown demand from a third party.

The above licenses granted by you in Your Content are perpetual and will only terminate if you expressly request the removal or deletion of Your Content from the Platform (such license will terminate within a commercially reasonable time after your request to remove or delete Your Content).  You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted.

Subject to these grants, you retain any and all rights which may exist in Your Content.

We may disclose any of Your Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Platform; (iii) to protect the rights or property of Powder and our officers, directors, employees and agents; or (iv) to protect the Powder Providers and any other User.

B. Representations and Warranties

You represent and warrant that: (a) you either own all rights to Your Content (or otherwise have the permission and license to share and post Your Content on the Platform and/or Third Party Platforms), (b) Your Content does not infringe or violate any other person’s privacy or publicity rights, (c) Your Content does not infringe or violate any other person’s intellectual property rights, and (d) your creation, sharing, or posting of Your Content doesn’t breach any contractual obligation that you have (including to any video game provider).

IV. Proprietary Rights

A. Our Proprietary Rights

With the exception of User Content (including Clips), all materials contained on the Platform, including all content, and the software, AI, graphics, text and look and feel of the Platform, and all trademarks, trade names, logos, branding, copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by Powder, our subsidiaries or affiliated companies, contributors, our third party licensors, and/or our advertising partners.  You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Platform, in whole or in part, unless specifically stated otherwise.  Subject to your compliance with this Agreement and any other relevant policies related to the Platform, we grant you a non-exclusive, non-transferable, revocable limited license, subject to the limitations herein, to access and use the Platform and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the Platform.  You agree not to use the Platform for any other purpose.

B. Third-Party Content & User Content

Our Platform and App may post content provided by Users (collectively, “User Content”).  Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the User Content are those of the respective authors, and not of Powder or its affiliates or any of their officers, directors, employees, or agents.  While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third party content in a limited gate-keeper fashion and have no obligation to investigate whether any User Content violates any term of this Agreement and will not do so in most cases.  We neither endorse nor are responsible for the User Content or any other content posted to the Platform by anyone other than Powder.

If you are a User, just as you retain complete ownership of Your Content (subject to the license to us granted above), all other Users of the Platform retain ownership of their User Content.   The Platform enables – and encourages! – you to interact with and share User Content.  But you may not alter, remove, delete, sell, create derivative works from, or in any way exploit for commercial gain any User Content (except your own), in whole or in part, except as permitted or enabled by the Platform.

V. CONDUCT

We use commercially reasonable efforts to monitor the Platform to ensure the safety of our Users and Viewers and compliance with our Community Guidelines.   However, you recognize and agree that we have no obligation or duty to monitor the Platform.  In addition, we have the right to disclose information as necessary or appropriate to: (1) satisfy any law, regulation or other governmental request; (2) operate the Platform properly; and/or (3) protect ourselves, our suppliers and our Users and Viewers.

You agree to use the Platform only for lawful purposes.  Without limiting anything else above, specific prohibited activities include, but are not limited to:

You represent and warrant that neither your actions on the Platform nor Your Content will violate any of the prohibited conduct described above.  Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Platform.

VI. INTELLECTUAL PROPERTY TAKEDOWN POLICY

We respect the intellectual property rights of others and we expect our users to do the same. If you believe someone has uploaded content to our Platform that infringes your copyright, trademark, or other intellectual property rights, please let us know by sending us an Intellectual Property (“IP”) infringement notice.

Copyright notices concerning content posted on our Platform must meet all requirements of the Digital Millennium Copyright Act (“DMCA”) (described below).  Likewise, for trademark and other intellectual property notices, you must provide us with clear information about the location of the allegedly infringing work for identification purposes, complete information about your trademark or other intellectual property (including registration numbers if applicable), and your contact information (name, physical address, and email address).

You can notify us of allegedly infringing content by submitting a notice via email to contact@powder.gg or via mail to:

229 RUE SAINT HONORE

75001 PARIS, FRANCE

We only respond to complete and effective DMCA notices from the copyright holder or their authorized agent that contain the following elements:

  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  1. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  1. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  1. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  1. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  1. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that we disabled Your Content as a result of an improper DMCA infringement notice or mistake, you can file a counter-notice to the email or physical addresses above which must include:

Before you file your DMCA counter-notice, please carefully consider whether or not Your Content at issue is infringing. If you file a DMCA counter-notice when your use is infringing, you could be liable for costs and attorneys’ fees. If you are unsure whether your use of the content at issue amounts to infringement, you should contact an attorney.

If a counter-notice is received by our Copyright Agent, we may send a copy of the counter-notice to the complaining party informing that person that we may re-enable the subject content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be re-enabled, in 10 or more business days after receipt of the counter-notice, at our sole discretion.

VII. AGE OF USERS

We do not intend the Platform to be used by minors under the age of 13.  Furthermore, we do not market the Platform for use by minors under the age of 13. If we learn that a User under the age of 13 has registered for an Account, that user’s Account will be terminated. If you are between the ages of 13 and 17, you must obtain your parent or legal guardian’s permission before establishing an Account or making use of the Platform.  By doing either, you represent that your legal guardian has reviewed and agreed to this Agreement.

VIII. LINKS / THIRD PARTY PLATFORMS

The Platform may contain links or otherwise direct you to websites operated by third parties, including Third Party Platforms.  We have no affiliation, association, or sponsorship by any Third Party Platforms.  We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for any of the content uploaded, displayed, or distributed on, or the services provided by, these third party sites.  The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content on, or services available through, the third party site.

If you are a User and you authorize us to access one of your accounts on a Third Party Platform, you represent that you have the rights to grant such access, and that you are an authorized user of the Third Party Platform accounts you authorize us to access.

We reserve the right to disable links from or to third party sites.

IX. DISCLAIMERS AND LIMITATION OF LIABILITY

THE PLATFORM AND ALL PRODUCTS AND SERVICES OFFERED HEREON ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY POWDER PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE PLATFORM, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE PLATFORM WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE PLATFORM; OR (IV) THAT OUR SERVERS, OR EMAILS SENT FROM OR ON BEHALF OF POWDER, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

POWDER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTIONS OF ITS VIEWERS AND USERS OR THE CONTENTS OF ANY USER CONTENT.

NEITHER WE NOR ANY POWDER PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE PLATFORM, EVEN IF WE OR SUCH POWDER PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  UNDER NO CIRCUMSTANCES WILL POWDER BE LIABLE TO YOU FOR MORE THAN $100 USD.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO ANY VIEWERS OR USERS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO THEM, AND THEY MAY HAVE ADDITIONAL RIGHTS.

X. APPLICABLE LAW; JURISDICTION

The Platform are created and controlled by us in the State of New York. As such, the laws of the State of New York will govern this Agreement, without giving effect to any provisions of New York law that direct the choice of another state’s laws.

Subject to the Binding Arbitration section below, you hereby irrevocably and unconditionally consent to the exclusive jurisdiction of and venue in the state and federal courts in the State of New York for any litigation arising out of or relating to your use of the Platform.

XI. BINDING ARBITRATION

A. Informal Process First

You agree that in the event of any dispute between you and the Powder Providers, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.

B. Arbitration Agreement and Class Action Waiver

Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration.  The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement.  Such arbitration shall occur in New York, New York, in the English language, and be initiated by any party in accordance with the JAMS Rules.  The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations.  Discovery issues shall be decided by the arbitrator.  Post-hearing briefs shall be permitted.  The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s).  In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted.  The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award.  The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of New York or federal law, or any of them, as applicable to the claim(s) asserted.  Judgment on the award may be entered in any court of competent jurisdiction.  The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration.  However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph.  Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).

You agree to pursue any arbitration in an individual capacity and not as class representative or class member in any purported class action proceeding.

BY AGREEING TO ARBITRATE DISPUTES, THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THEY ARE IRREVOCABLY WAIVING ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITIES CONTEMPLATED HEREBY.

If and to the extent the prohibition against class actions and other claims brought on behalf of third parties contained in this Arbitration section is found to be unenforceable, then such preceding language in this Arbitration section will be null and void.

C. Opt-Out

You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to contact@powder.gg or to the mailing address listed in the “How to Contact Us” section of these Terms. The notice must be sent to us within thirty (30) days of your first use of the Platform, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, we also will not be bound by them.

XII. INDEMNITY

You agree to indemnify and hold Powder, the Powder Providers, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of this Agreement or (2) our distribution, exploitation or other use of Your Content.

XIII. MISCELLANEOUS

A. Severability

The provisions of this Agreement are intended to be severable.  If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

B. Electronic Communications

When you use the Platform or send messages to us in the App or via SMS or email, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by email or by posting notices through the Platform.  You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.

C. Other

This Agreement is deemed accepted upon any use of any of the Platform. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

D. Support

Subject to the other provisions of this Agreement, we will attempt to help you with any queries or problems that you may have with the Platform or any of your purchases through the Platform.  To reach our customer support team, please e-mail us at contact@powder.gg.  It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.

E. Third Party Marketplaces

This Agreement is between you and Powder only, not with Apple, Facebook, Google or any other third party through which you may have accessed the Platform or downloaded the App (“Marketplaces”).  The Marketplaces are not responsible for the Platform or the App.  The Marketplaces have no obligation whatsoever to furnish any maintenance and support services with respect to the Platform or the App.  To the maximum extent permitted by applicable law, the Marketplaces have no other warranty obligation whatsoever with respect to the Platform.  The Marketplaces are not responsible for addressing any claims by you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation or (iv) claims that the Platform or any content thereon infringes upon a third party’s intellectual property rights.

F. Modification

We reserve the right to make changes to the Platform, posted policies and the Agreement at any time without notice other than the reposting of the modified Agreement.

Please contact us at contact@powder.gg or at 229 Rue Saint Honore, 75001 Paris, France, with any questions regarding this Agreement.

POWDER – PRIVACY POLICY


Effective Date: 2021-11-08

INTRODUCTION

This privacy policy (“Privacy Policy”) governs and explains our privacy policies and practices on the Powder platform, which includes the Powder app (the “App”) and the Powder website, and all content, features, and materials thereon (collectively, the “Platform”) provided by Unique Entertainment Expérience SAS d/b/a Powder (“Powder” or “we”, “our” or “us”).

This Privacy Policy forms part of your Agreement with us, and is incorporated into, and governed by, our Terms and Conditions.  All capitalized terms below that are not defined in this Privacy Policy have the meaning given them in our Terms and Conditions.  By using the Platform, you (i) represent that you meet the criteria for eligibility to use the Platform contained in the Terms and Conditions, and (ii) agree to the Agreement.

This Privacy Policy describes:

Changes to this Policy:  We reserve the right to change this Privacy Policy at any time.  All changes are effective on the date listed above, and will apply to all information that we have about you.  Your continued use of the Platform after any change is posted indicates your acceptance of this Privacy Policy and your continued consent to our processing of your Personal Information as set forth herein.  If at any point you do not agree to any portion of the Privacy Policy, you should immediately stop using the Platform.

Contact Us:  Please contact us at contact@powder.gg or at 229 Rue Saint Honore, 75001, Paris, France  with any questions or requests regarding this Privacy Policy.

INFORMATION WE COLLECT

A. Personal Information

"Personal Information" is information that may be used to directly or indirectly identify an individual (which in some cases, may include certain device information).  The Personal Information we collect may include your (a) name, postal address, email address, and phone number; (b) Internet Protocol (IP) address, device ID or other persistent identifiers tied to your computer or device; and (c) information about your accounts with Third Party Platforms (“Third Party Accounts”) you choose to provide us to enable aspects of the Platform.  We may ask you to provide additional information for identity verification purposes, or to verify that you are in possession of an Account.

In general, Personal Information we collect includes, but is not limited to:

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).

B. Third Party Account information

C. Usage Data

"Usage Data" is information passively or automatically collected by us through your use of the Platform. Usage Data is transactional data that is not necessarily associated with any user as an individual. This includes, but is not limited to: collecting and tracking your session ID; your server domain names; date and time of your visit(s) to our Platform; 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 Platform; the type of operating system you use; various information and data on how you use our Platform, and the type of Web browser(s) for Users of our Platform; 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 Platform; the number of links or other features you click within our Platform; the functions you use on our Platform; the specific Game Content that you create, view, share, repost, save, screenshot, or download from our Platform, where offered; Http headers, where applicable; Powder, Powder camera data, and Powder 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 Platform. We also may anonymize and/or aggregate Usage Data.

D. Your Content

As defined in our Terms and Conditions, any content you submit or authorize for use on the Platform through your Account is “Your Content.”  Your Content includes any Game Content (and resulting Clips) that you either submit to us or authorize us to capture on your behalf from Third Party Accounts.

You may delete your Game Content from your personal files, your Account on our Platform, and/or your own Third Party Accounts.

You may not delete your Account on your own. However, you may submit a written request to us to delete your Account to the following email address: contact@powder.gg. This process will be completed as soon as possible, but no later than thirty (30) days from your submission.

E. Changing, Opting Out and Deleting Personal Information

Under certain laws, including as described below with respect to the GDPR and CCPA, you may have the right to: obtain confirmation that we hold Personal Information about you, request access to and receive information about the Personal Information we maintain about you, receive copies of the Personal Information we maintain about you, update and correct inaccuracies in your Personal Information, object to the continued processing of your Personal Information, and have the Personal Information blocked, anonymized or deleted, as appropriate. The right to access Personal Information may be limited in some circumstances by local law, including as described above under California law. If you qualify, in order to exercise these rights, please contact us as described under “Contact Us”.

You may opt out of promotional communications by sending us an email at the email address below under “Contact Us”.

Please understand, however, that we reserve the right to retain an archive of such Personal Information for a commercially reasonable time to ensure that its deletion does not affect the integrity of our data; and we further reserve the right to retain an anonymous version of such Information.

HOW WE COLLECT INFORMATION

Personal Information

We collect Personal Information at the time you provide it to us. We collect Personal Information as part of your registration for an Account. We use Processors (defined below) to facilitate aspects of this collection. In addition, we may collect Personal Information from Viewers by means of direct communication, such as e-mail or in-app support.

Usage Data

We collect Usage Data as you use the Platform. Usage Data may be collected using cookies, web beacons, page tags or similar tools and technologies provided by various third party processors (“Processors”) on our Platform. We currently use, among others, Shakebug, Clevertap and Amplitude. We may change and/or add other Processors from time to time in our discretion. By downloading, using, and accessing our Platform, you agree that we may use, and rely upon our Processors to collect, store, and analyze the data and information described in this Privacy Policy in de-identified formats.

Your Content

We use these Processors primarily to: provide you with our Platform; create, edit, and enable sharing of Your Content; interoperate with your Third Party Accounts; enhance your experience on our Platform; facilitate Account registration and authentication; provide you updates; and enable our Platform to function smoothly.

We receive Your Content when you submit it to us, or when you authorize us to create it, through your Account.

Financial Data

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

HOW WE USE INFORMATION

We may use your Personal Information and Usage Data to take actions you request and for the basic purposes of the Platform. We use Processors for aspects of these purposes. We may use your Personal Information in connection with other products or services we may offer, with our internal reporting for the Platform (such as security assessments), or to contact you with promotions regarding other products or services offered by us or our third party partners. We may, for example, use aggregated Usage Data information to optimize the Platform or to evaluate the success of particular marketing and advertising campaigns or search engine optimization strategies.

We may also send you messages related to features and activity on the Platform. We may also send you notifications with suggestions about your use of the Platform, or with news or updates to our Platform. In general, these notifications will be delivered (i) in the App, (ii) through OS-level notifications (if enabled by you when configuring the App) or (iii) via text message (if enabled by you during Account registration or through your App settings).

We do not sell your Personal Information or Usage Data to third parties.

We may use Usage Data without restriction in our sole discretion for administrative and optimization purposes, such as to improve the Platform and personalize ads (as described more particularly below under “Targeted Advertising”).

DISCLOSURE OF PERSONAL INFORMATION

General Disclosure Policy

We may share and disclose your Personal Information as described below. We may share and disclose Usage Data without restriction, such as in the ways described below. Wherever possible, we only share information with third parties on an anonymous and aggregate basis.

Processors

We may provide access to your Personal Information and Usage Data to trusted Processors that assist us with the functionality, operation and maintenance of the For example, we may contract with Processors to: help you create, edit, and share Game Content; repost to your Third Party Accounts; enhance your user experience on our Platform; enhance our offerings; create user accounts; enable login functionality; provide notifications; analyze traffic on the App and Platform, host our servers, provide security, and provide production, optimization, and software maintenance and development services. Our Processors will be given access to your information only as is reasonably necessary to provide the services for which they are contracted.

Successors

If we sell or otherwise transfer part or all of our business or assets to another organization, such as in the course of an acquisition, merger, bankruptcy or liquidation, we may transfer your Personal Information and Usage Data.

Legal Process, Enforcement and Security Notice

We may disclose your Personal Information and Usage Data if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary (i) to satisfy any applicable law, regulation, legal process or enforceable governmental request (such as for example, to comply with a subpoena or court order), (ii) to detect, prevent, and address fraud or other illegal activity, and (iii) to investigate, respond to, or enforce violations of our rights or the security of our Platform.

With Your Consent

We may share your Personal Information with other parties with your consent.

Transfer Outside Country of Residence

In general, Personal Information may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. By using our Platform, you consent to any such transfer of Personal Information outside your country of residence to any such location.

TARGETED ADVERTISING

We may engage certain Processors to serve advertisements on our behalf. Our advertisers or the ad networks that serve advertisements may utilize cookies or other similar tracking technologies (including within the ads) to collect anonymous information from you such as your device identifiers, advertising IDs, and IP address, web browser, actions you take relating to the ads, any links you click on, and conversion information. This information may be used by us, our Processors and their clients in aggregated, anonymous form to, among other things, analyze and track aggregated data, determine the popularity of certain content or products, measure the effectiveness of ad campaigns, determine the proper amount of repeat views of a given ad, and deliver advertising and content targeted to your interests in and outside of our Platform on other internet-connected sites and applications (also known as “interest-based advertising”). These Processors are prohibited from collecting any Personal Information from you and we do not share any of your Personal Information with them.

You have a choice about participating in interest-based advertising. If you wish to opt out of such participation, you have a few options:

In providing you with transparency and choice regarding interest-based advertising, we are acting in accordance with our commitment to the Digital Advertising Alliance’s Self-Regulatory Principles. To learn more about these Principles, please visit http://www.aboutads.info/consumers.

SECURITY OF PERSONAL INFORMATION

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. You remain fully responsible for the devices and login information (including your password) that you use to access your Account.

Despite our efforts to protect your Personal Information, the confidentiality of any communication or material transmitted to or from us via our Platform, via the App, 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 Platform and accessing your profile to change your password.

ACCESSING, CORRECTING AND DELETING PERSONAL INFORMATION

Under certain laws, including as described below with respect to the GDPR and CCPA, you may have the right to: obtain confirmation that we hold Personal Information about you, request access to and receive information about the Personal Information we maintain about you, receive copies of the Personal Information we maintain about you, update and correct inaccuracies in your Personal Information, object to the continued processing of your Personal Information, and have the Personal Information blocked, anonymized or deleted, as appropriate. The right to access Personal Information may be limited in some circumstances by local law, including as described above under California law. If you qualify, in order to exercise these rights, please contact us as described above.

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.

RIGHT TO CHANGE PRIVACY POLICY

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 Platform and this Privacy Policy frequently to review 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 Platform will be interpreted as your acceptance of any such changes and updates to this Privacy Policy.

Any disputes about your use of the Platform or our services will be resolved as described in our Terms and Conditions.  If you have any concern about privacy on our Platform and/or our services available on or through our Platform, please contact us with a thorough description, and we will try to resolve it.

USERS FROM CALIFORNIA

This section pertains to the rights of individuals or households in California (“California consumers”).

Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California consumer, a business may be required to provide detailed information regarding how that business has shared that customer’s Personal Information with third parties for direct marketing purposes. However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes.

The CCPA (California Civil Code Section 1798.100 et seq.) provides California consumers with additional rights regarding Personal Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly with a particular consumer or household. The categories of Personal Information we collect are generally described above but differ for individual consumers depending on the services used by such consumers.

Under the CCPA, qualifying California consumers may have the following rights:

Submitting Requests

If you are a California consumer and would like to make any requests under the CCPA, please see the “Changing and Deleting Personal Information” the section.

Verifying Requests

If we receive any request we will use a two-step process for online requests where the California consumer must first, clearly submit the request and then second, separately confirm the request. We will use other appropriate measures to verify requests received by mail or telephone. To verify a request, a California consumer must provide a business with sufficient information to identify the consumer, such as name, e-mail address, home or work address, or other such information that is on record with us so that we can match such information to the Personal Information that we maintain. . If requests are unclear or submitted through means other than outline above, we will provide the California consumer with specific directions on how to submit the request or remedy any deficiencies. If we cannot verify the identity of the requestor, we may deny the request.

Do not provide social security numbers, driver’s license numbers, account numbers, credit or debit card numbers, medical information or health information with requests

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 (“GDPR”).

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:

If you are resident outside the United States, including in the EEA, we transfer Personal Information provided by you for processing in the United States.  Under the GDPR, we are considered a “controller” and a “co-processor” of the Personal Information of EEA Residents.  By providing Personal Information to us for the purpose of setting up an account, obtaining Platform, or adding yourself to our contact lists, you consent to the transfer of your Personal Information to the United States.  The transfer of your Personal Information to the United States is necessary for the performance of a contract between you and us for accessing the Platform.

Children under 13

We are committed to preserving online privacy for everyone, including children. Consistent with the Children’s Online Privacy Protection Act, we do not knowingly collect any personal information from children under the age of 13, and we delete any such information we become aware of. If you are a parent or guardian and you believe your child has provided us with Personal Information, please contact us at contact@powder.gg and include in your message the login information that your child submitted.

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.