Effective Date: 4th of September 2023

Welcome to POWDER!

These terms and conditions (“Terms”) govern your (“you” or “your”) access to and use of the Powder App, which includes the Powder PC app (the “App”) and the Powder website, and all content, features, and materials thereon (collectively, the “App”) 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 App. 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 App. In order to participate in certain new or limited time features or services on the App, 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 App.

By using the App, you agree that (i) you are 16 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 16 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 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 App.

We may modify the Agreement from time to time, and such modifications shall be effective upon posting the new TERMS AND CONDITIONS on the App. Your continued use of the App 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 App 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.
Powder allows you to extract clips that are either from a video file or from public stream replays available on YouTube, Twitch, and Kick. The App, using Powder’s proprietary AI, gives registered users (“Users”) the ability to identify, create and accumulate their best clips from gaming sessions (“Clips”), from sessions streamed through third party Apps like Twitch and YouTube (collectively, “Third Party Apps”). The App also allows Users to share and interact with those Clips.

If you want to see the full stream from which the Clip was taken, the App will, whenever applicable, use commercially reasonable efforts to link to the stream on the Third Party App. You may be required to establish an account with such a Third Party App in order to view the stream on the Third Party App.
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 (for our App) e-mail address or certain information relating to your accounts on Third Party Apps (for Users who want to create Clips or enable other features requiring connection to a Third Party App). We will use and retain your email for the limited purpose of verifying and authenticating your Account, and you consent to this use by providing us your email during Account registration. Otherwise, all of this personal information will be secured and used in accordance with our Privacy Policy.

It is not allowed to use another's Account without Powder’s consent. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.

Each account is personal and non-shareable. Users are not permitted to share their account details or access with any other individual. Violation of this clause may result in the immediate suspension or termination of the account.

You are responsible for (i) keeping confidential any password that you created to use any aspect of the App requiring registration and (ii) restricting access to your computer 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 App 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 App. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the App if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.

This Section III applies to Users only.
By submitting or authorizing the use of content ("Your Content") on the App, you remain the owner of Your Content. Submission to or use of Your Content on this platform does not transfer or alter ownership rights.

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

You retain any and all rights which may exist in Your Content, and the above statements are not intended to limit those rights in any way.

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 App and/or Third Party Apps), (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).

With the exception of User Content (including Clips), all materials contained on the App, including all content, and the software, AI, graphics, text and look and feel of the App, 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 App, in whole or in part, unless specifically stated otherwise. Subject to your compliance with this Agreement and any other relevant policies related to the App, we grant you a non-exclusive, non-transferable, revocable limited license, subject to the limitations herein, to access and use the App and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the App. You agree not to use the App for any other purpose.

Our App facilitates posting content provided by Users (collectively, “User Content”) on third-party platforms. 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. We have no obligation to investigate whether any User Content violates any term of this third-party platform 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 third-party platforms
We do not intend the App to be used by minors under the age of 16. Furthermore, we do not market the App for use by minors under the age of 16. If we learn that a User under the age of 16 has registered for an Account, that user’s Account will be terminated. If you are between the ages of 16 and 17, you must obtain your parent or legal guardian’s permission before establishing an Account or making use of the App. By doing either, you represent that your legal guardian has reviewed and agreed to this Agreement.
The App may contain links or otherwise direct you to websites operated by third parties, including Third Party Apps. We have no affiliation, association, or sponsorship by any Third Party Apps. 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 App, you represent that you have the rights to grant such access, and that you are an authorized user of the Third Party App accounts you authorize us to access.

We reserve the right to disable links from or to third party sites.
Some features of the Service may require payment. All fees are non-refundable, even if your access to the Service is terminated before the end of your subscription period.
THE App 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 APP, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE APPWILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE APP; 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 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 App, 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 USERS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO THEM, AND THEY MAY HAVE ADDITIONAL RIGHTS.
The App is 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 App.

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.

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.

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 App, 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.
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.

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.

When you use the App 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 App. 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.

This Agreement is deemed accepted upon any use of any of the App. 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.
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 App or any of your purchases through the App. 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.
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 App or downloaded the App (“Marketplaces”). The Marketplaces are not responsible for the App or the App. The Marketplaces have no obligation whatsoever to furnish any maintenance and support services with respect to the App or the App. To the maximum extent permitted by applicable law, the Marketplaces have no other warranty obligation whatsoever with respect to the App. The Marketplaces are not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation or (iv) claims that the App or any content thereon infringes upon a third party’s intellectual property rights.
We reserve the right to make changes to the App, 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.
Effective Date: 4th of September 2023
This privacy policy (“Privacy Policy”) governs and explains our privacy policies and practices on the Powder App, which includes the Powder app (the “App”) and the Powder website, and all content, features, and materials thereon (collectively, the “App”) 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 App, you (i) represent that you meet the criteria for eligibility to use the App contained in the Terms and Conditions, and (ii) agree to the Agreement.

This Privacy Policy describes:

• what personal information we collect;

• how we collect it;

• how we use it;

• how and when we share and disclose it;

• how to change and/or delete data;

• terms specific to European, UK and California users, and children under 16; and

• how to contact us.

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 App 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 App.

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.
"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; (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 Apps (“Third Party Accounts”) you choose to provide us to enable aspects of the App. 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:

• Personal Information needed for you to become a User, including for establishing and using an Account and, and personal information necessary to create Clips, such as linking your Third Party Accounts;

• Personal Information to contact and respond to you, including to provide you with results of our analytics services, reply to your inquiries, and keep in touch with you regarding features or matters of interest regarding the App;

• Un-identifiable and aggregated Personal Information pertaining to your visits to and use of the App that help us maintain the appropriate features, functionality and user experience

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 sixteen (16) years old, in accordance with our Terms and Conditions).

• If you choose to use your Google/Twitch/TikTok account to authenticate and/or connect to the App, you authorize us to verify your Google/Twitch/TikTok account information and any Personal Information contained therein for that purpose and to maintain the connection between your App account and your Google/Twitch/TikTok account until it is revoked by you or Google/Twitch/TikTok, or you cease to use the App. We do not use your Google/Twitch/TikTok account information for any purpose other than authentication and verification of your account on the App.

"Usage Data" is information passively or automatically collected by us through your use of the App. 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 App; 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 App; the type of operating system you use; various information and data on how you use our App, and the type of Web browser(s) for Users of our App; the language you use in your web browser(s); operating system(s); your computer type and related technical information; the state or country from which you access our App; the number of links or other features you click within our App; the functions you use on our App; the specific Game Content that you create, view, share, repost, save, screenshot, or download from our App, where offered; Http headers, where applicable; Powder, and Powder login information; your social network contacts, where permission given; and/or optional values such as custom data events and conversion values on our App. We also may anonymize and/or aggregate Usage Data.
As defined in our Terms and Conditions, any content you submit or authorize for use on the App 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.

You may delete your Account on your own.
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.
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.

Usage Data

We collect Usage Data as you use the App. 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 App. We currently use, among others, Amplitude. We may change and/or add other Processors from time to time in our discretion. By downloading, using, and accessing our App, 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 App; create, edit, and enable sharing of Your Content; interoperate with your Third Party Accounts; enhance your experience on our App; facilitate Account registration and authentication; provide you updates; and enable our App 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

Collection and Use of Financial Data: If you choose to utilize paid features on the App, we may require certain financial information from you, including but not limited to your credit card number, expiration date, billing address, and authentication codes or related information. This information will be used primarily for processing your transactions or for other purposes associated with your purchase.

Third-Party Payment Processors: We utilize reputable third-party payment processors to handle all financial transactions. By making a purchase, you agree to provide your payment details to our third-party payment processor for processing. We do not store your full credit card information on our servers. However, we may retain transaction and order details for record-keeping purposes.

Security: We implement industry-standard security measures to ensure the safety of your financial data. However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your financial data, we cannot guarantee its absolute security.

Refunds & Cancellations: All sales on the App are final unless otherwise specified. No refunds are available after payment has been processed.

Changes to Financial Data: If your financial information changes due to card expiration, card renewal, or other reasons, you agree to promptly update your account information to reflect those changes.

Additional Fees: You are responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by us. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
We may use your Personal Information and Usage Data to take actions you request and for the basic purposes of the App. 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 App (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 App 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 App. We may also send you notifications with suggestions about your use of the App, or with news or updates to our App. In general, these notifications will be delivered (i) in the App, (ii) through OS-level notifications (Microsoft Windows), (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 App and personalize ads (as described more particularly below under “Targeted Advertising”).
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 App; enhance our offerings; create user accounts; enable login functionality; provide notifications; analyze traffic on the App and App, 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 App.

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 App, you consent to any such transfer of Personal Information outside your country of residence to any such location.
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 App, via your PC 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 App and accessing your profile to change your password.
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.
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 App 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 App will be interpreted as your acceptance of any such changes and updates to this Privacy Policy.

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

• Right to Know and Right to Delete.
  • A California consumer has the right to request that we disclose what Personal Information we collect, use, disclose and sell. A California consumer also has the right to submit requests to delete Personal Information.
  • When we receive a valid request to know or delete from a California consumer, we will confirm receipt of the request within 10 days and provide information about how we will process the request, including our verification process. We will respond to such requests within 45 days.
  • Right for Disclosure of Information.
    • A California consumer may also submit requests that we disclose specific types or categories of Personal Information that we collect.
    • Under certain circumstances, we will not provide such information, including where the disclosure creates a substantial, articulable and unreasonable risk to the security of that Personal Information, customers’ account with us, or the security of our systems or networks. We also will not disclose California consumers’ social security numbers, driver’s license numbers or other government-issued identification numbers, financial account numbers, any health insurance or medical identification numbers, or account passwords and security questions and answers.

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. 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
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:

• We have obtained your prior informed consent to the processing (this legal basis is only used in relation to processing that is entirely voluntary, i.e. it is not used for processing that is necessary or obligatory in any way) of your personal data;

• The processing is necessary in connection with any contract that you may enter into with us;

• The processing is required by the applicable law;

• The processing is necessary to protect the vital interests of any individual; or

• We have a legitimate interest in carrying out the processing for the purpose of managing, operating or promoting our business, and that legitimate interest is not overridden by your interests, fundamental rights, or freedoms.
  • Transfer of Your Personal Information

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 an App, 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 App.
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.