LAST UPDATED: FEB 1, 2018 See here for Foursquare Privacy Basics FOURSQUARE LABS, INC. PRIVACY POLICY Foursquare knows that you take your privacy seriously. We do, too. We intend to be transparent with you about our data practices and to give you control over information we collect about you (your “Data”), some of which may identify you or from which you may be identified. (“PII”). This is the Privacy Policy for Foursquare Labs, Inc. and its wholly-owned subsidiaries: Foursquare Labs UK Limited and Foursquare Labs Asia Pte. Ltd. (collectively, “Foursquare”, “we”, “us” or “our”).Foursquare offers the following services: Consumer Services, which include our websites (www.foursquare.com and developer.foursquare.com) (the “Sites”), our Foursquare City Guide, Swarm and Marsbot mobile applications (collectively, the “Apps”), and our features (i.e. attributes that Foursquare makes available, such as the ability for users to create lists), content (e.g. tips, reviews, photos that users may provide), and widgets (i.e. an application that allows users to access the Apps) (all, collectively, the “Consumer Services”); and Enterprise Services, which include our media, attribution, analytics, Application Programming Interface (“API”) and Software Development Kit (“SDK”) products (collectively, the “Enterprise Services”). This Privacy Policy is divided into four parts: PART I applies to Data about users of our Consumer Services (“Foursquare Users”). PART II applies to Data provided by customers of our Enterprise Services (“Enterprise Customers”), about users of Enterprise Customers’ products (“Partner End-users”). PART III applies to Data about individuals other than Foursquare Users and Partner End-users, such as individuals acting in their professional capacity as representatives of a third party developer, vendor, partner or enterprise customer. PART IV applies to all Data that we may collect and further process in the circumstances described in all of Parts I, II and III. PART I – FOURSQUARE USERS Below are the types of Data we collect about Foursquare Users and the ways in which we may collect, use and share that Data. What Data Does Foursquare Collect? Data You Provide To Us We receive and store Data that you provide to us when you create an account and use our Consumer Services. When you create an account, we may collect your full name, email address, phone number, birthday, gender, the city in which you created your account, and where applicable, your Twitter, Facebook or Google username and other Data if you create an account using your third party log-in credentials (please see “Data Received From Third Parties” below). As you interact with us and use our Consumer Services, we may also collect other Data that you directly provide to us, which may include pictures that you choose to upload to your account, any restaurant or other venue searches you make, your likes, who you follow, check-ins, comments or tips you make, whether you have created or edited venues, and any other Data that you volunteer to us.Data Collected When You Use Our Consumer Services If you opt-in, we automatically receive Data about your location and/or IP address whenever you interact with, or use, the Consumer Services (e.g. open the App, visit our website, etc.). We use various technologies to determine your location, such as the location services of your operating system or browser, sensor data from your device (e.g. magnetometer or barometer, Bluetooth data, beacon data, Wi-Fi access points, GPS data, and cell tower data), and other Data that may help us to understand your precise location. We may also collect additional Data about you when you use the Consumer Services. For example, we receive Data: relating to how you interact with the Consumer Services, such as your search terms, what pages you view, your access times, the time you spend on each page, your IP address, the redirected pages, or any messages you write to other users or post to the Consumer Services; relating to your device, such as your hardware model, operating system, unique ID, browser type, language, and wireless network; collected by cookies and other technologies, such as cookie ID, advertising ID or other unique advertising ID, web beacons, local storage and pixels. You can control certain types of cookies through your browser settings or other tools. You may review our Cookie Policy for further information. If you use our Apps and have enabled background location services in our Apps, you have permitted us to collect the above Data about you in the background even when you do not have the Apps open (as permitted by your device settings). You may turn off location services at any time by going to your device settings and toggling off background location. For more information about location, please see “Determining and Sharing Location” below.Data Received From Third Parties We may receive Data about you from third parties, including Enterprise Customers (e.g. customers of our Media Products) and/or third parties with services that interact with the Consumer Services or that provide services to us, such as unaffiliated apps and websites, e.g., websites and applications offered by third party developers that integrate with our API, advertising exchanges, ad platforms, ad networks or from our partners. This Data may include Data about your activity when using the Consumer Services or on unaffiliated websites and apps, or Data received from web browsers or operating systems such as browser types and settings, the operating systems, device models, carriers, location information, IP address, mobile device and advertising identifiers (e.g. Apple IDFA or Google Advertising ID), as well as cookie information, pixel or other similar technology. If you created your account using your Google, Twitter or Facebook account profile, we may receive certain information from these companies, such as your first name, last name, gender, birthday, email address and your Google, Twitter or Facebook ID. How Is My Data Used? Below are the ways that we may use Data about Foursquare Users.To Operate, Maintain And Improve The Consumer Services We may use your Data to operate and maintain the Consumer Services, and to understand you better and tailor the Consumer Services to you. If you download more than one App, we may combine your Data provided in each App. If you use the Consumer Services when you are not logged into your Foursquare account, when you subsequently log into your Foursquare account, we may combine Data collected while you were not logged in with your Foursquare account. We may also use your Data for research and development, to improve the Consumer Services, or to offer new products, features and tools, but only to the extent that this is in compliance with applicable law. For example, we may redesign the Apps to make it easier for you to search for restaurants in Foursquare City Guide or when we launch new stickers in Swarm for you to add to your collection. We may also use your Data to customize our Apps and Sites to provide you with your own special experience. We do this by inferring your interests and preferences, looking at your search history or allowing you to find and add friends who are also using the Apps and Sites from your device’s contact list or if applicable, your Facebook, Google or Twitter account if you have opted to connect these accounts to your Foursquare account. In these situations, we do not store your contact lists. We also may use your Data to help us map Locations (as defined below). For example, we may use device signals to determine that a particular device is within a particular venue. Additionally, if you consent to sharing crash data (when the Apps crash) with us, we may use that data to help us analyze the cause of the crash.Communicate With You We may use your Data to communicate with you, including by email, text (only if you opt-in), or in our Apps, about new product offerings, updates to the Consumer Services, or anything else we think may be of interest to you. You can opt out of receiving marketing and promotional communications here.Protection Of Our Rights We may use your Data to protect the rights, property or safety of Foursquare, the Consumer Services, our users and employees, or any third party. For example, we may use your Data if we need to enforce or apply our Terms of Service or Policies.Enterprise Services We may use your Data in our Enterprise Services and in other services that we may provide to businesses. For example, when partners use our SDK, we may receive certain Partner End User Data back (e.g., wifi end points, Visit Data, and other Data), including Data about Foursquare Users, if the Partner End-Users are also users of our Consumer Services. We may use this Data for our business purposes or to improve the Enterprise Services. As always, you can always opt-out of this type of sharing by disabling your background location services for the Apps. See also “Media Products” section of Part III below. When Is My Data Shared? We neither rent nor sell Data about users unless anonymized. Though, as described more fully in this Privacy Policy, we may license or otherwise provide certain other Data to third parties, provided we have received your consent to do so.Data That May Be Shared With Other Users When you use the Consumer Services, your authorized friends may see some of your PII, such as your name, email address, phone number associated with your account, profile photo, hometown, mayorships and badges/stickers, and links to your Twitter and Facebook accounts (if you have connected those accounts to your Foursquare account), a list of your friends, a map of your check-in history, any content or comments that you post, and which Apps you use. When you communicate on or through the Consumer Services, such as by direct messaging to your friends or checking-in to a business, an establishment, or a location (each a “Location”), such as a gym or a restaurant, your friends may see this Data, too. You can always control what you want visible to others, including your friends, at any time by clicking on “Settings” in your account and making your choices. Publicly available Data such as the Data available in your user public profile, tips, likes, saves, public photos, lists that you create and follow, tastes, badges/stickers, mayorships, and lists of friends and/or followers may be searchable by search engines and be shared with or disclosed to third parties, including through our Enterprise Services to our partners and customers.Data That May Be Shared With Third Party Partners And Service Providers A key purpose of the Consumer Services is to help users discover and learn about Locations, upcoming events, and brands that are relevant to them, and for these organizations to provide information about themselves, their Locations and events to users, as well as to reward users when they visit their Location or event through offers or specials provided to you in compliance with applicable law. When you visit a Location, your visit may be shared with that Location so they can provide superior products and services to you. Sharing your visit means providing the Location with your user name, profile photo and the handles for any social media accounts you have connected with your Foursquare account (e.g., your Twitter ID) at the time you “check-in” to a Location. You can always control what Data you chose to share with Locations by adjusting your preferences in “Settings.” We may also use service providers, vendors and contractors to provide or perform services on our behalf. In these cases, we may need to share your PII with them. Our service providers, vendors and contractors will be subject to binding contractual obligations to: (i) only process the PII in accordance with our prior written instructions; and not use the PII for their own purposes; and (ii) use appropriate measures to protect the confidentiality and security of the PII; together with any additional requirements under applicable law. When we partner with a business, we may share Data with them but only in aggregate or in some cases, we may share a non-identifying ID such as an advertising ID or a hashed identifier (“pseudonymized”). When we share Data in a pseudonymized form, a unique identifier is shared so that our partner can measure conversion as to whether an individual has seen its ad, visited its website, or went to their brick and mortar location. We may also share or disclose aggregated, pseudonymized, and/or anonymous Data to other third parties, including Foursquare Users you may follow, and developers who use our API or SDK, or our other Enterprise Customers, for analytical or other purposes. See also “Media Products” section of Part III below.When You Consent Except as permitted under this Privacy Policy, we will only share your PII with your consent. For example: If you consent or authorize a third party app to access your Foursquare account, we may share your Data with such third party app. You can revoke your consent at any time in your Foursquare account profile settings. We sometimes enter into relationships with partners to offer contests and promotions through the Consumer Services. For example, we may partner with a brand to have a contest to win a prize and if you enter the contest, we may share your email address and/or other necessary PII with such brand, with your consent. In these cases, we will only share Data that is necessary with our partner. Other times We may share your Data when we believe in good faith that such release is necessary to comply with law or a legal process, including laws outside your country of residence; to protect our rights, property, or safety of Foursquare, our employees, the Consumer Services and others. We may share your Data as part or in anticipation of a business sale, merger, consolidation, investment, change in control, transfer of substantial corporate assets, reorganization, liquidation, or similar business transaction or corporate event. Determining And Sharing Location Some features and functionality in our Apps may require that you provide your location. If you have your location services turned on, whenever you open and use or interact with our Apps (e.g. write a tip or check in to a restaurant) on your mobile device, we collect and use your location data from your mobile device (e.g., latitude and longitude) to tailor the Consumer Services to your current location (i.e. we’ll show you a list of nearby locations, and tips). We will only process your location data with your permission. If you have background location data turned on by granting us permission through your device’s location settings and in your privacy settings, we will, from time to time, obtain your device’s location even if you are not directly interacting with the Apps. Other than in an anonymized, pseudonymized or aggregated form, your location is never shared with others, except with your consent or as permitted under this Privacy Policy. In the Swarm App, your location is also shared when you "check in" on the Swarm app to let the Consumer Services know that you're at a particular Location or, if you have turned on 'check-in by friends,' when your friend tags you in his or her check in. The location information shared with a "check in" is the Location. Additionally, when you send a message in Swarm, your mobile device's location is shared with all recipients of the message. While your location will still be collected by us, you can check-in “off the grid” so that you are not sharing your specific whereabouts with friends. Each of your check-ins using the Consumer Services is saved to your "Check-in History," which allows you and your friends to look back at the locations you have checked in since you created your account. You can delete any of your check-ins from the check-in page in our Apps. If for any reason you ever decide to delete your account, your account and your PII will be deleted from our database. What About Cookies And Similar Technologies? We may use technologies like cookies, pixels, web beacons, local storage and other identifiers on our Sites, in our emails, within our Apps and sometimes in third party apps that use our API or SDK to provide you with a range of products and services. We use these technologies for a number of purposes, such as for authentication, security, preference settings, advertising and analytics. We sometimes work with advertisers or other partners, and advertising service providers to serve ads to you on the Consumer Services, or a third party website or app, that may be relevant to you based on your interaction with the Consumer Services, including places you have “checked in”. You can view our advertising practices here. You can control cookies through your browser settings and other tools. For more information, including the types of cookies and similar technologies found on Foursquare, please read our 'Cookie Policy'. How Do I Access Or Delete My Data? You may access and update your Data at any time through the “Settings” tab in your Foursquare or Swarm account. To view every Location that you have visited, you may access this Data in the Foursquare City Guide History tab or the homepage of the Swarm app. You may also delete your account at any time on our Sites by clicking on the Delete Your Account link in your Privacy Settings page. If you delete your account, your profile, including your check-in history, tips and photos, badges and stickers received, will be removed from the Consumer Services, and you will no longer be able to access such Data. We may not be able to restore your account once it has been deleted. Deletion of your account may not be immediate. Residual copies of your PII or posts may remain on backup media for a short period of time thereafter. Additionally, we may store certain Data that is not PII, i.e. does not directly identify you, in our internal systems, which we may use in our Enterprise Services. We may also retain Data as required by applicable law and we will not delete any Data that is not PII, i.e., has already been anonymized. If you have questions about accessing, updating, or deleting your Data, please email privacy@foursquare.com. Can I Opt Out? How to Opt Out of Marketing and Promotional Emails and Text Messages By Email: You can opt out of marketing or promotional emails at any time by adjusting your preferences in the “notification settings” tab in the Apps or through the “Settings” tab on our Sites if you are logged into your account. You may also unsubscribe from emails in the footer of any marketing or promotional email. Please note that you cannot opt out of service or legal notices. By SMS: If you have opted in to receive SMS messages, you can always unsubscribe at any time by texting STOP in response to a message or by following the instructions in the SMS. How to Opt-Out of Interest-Based Advertising We adhere to the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles for Online Behavioral Advertising. At this time, however, we do not honor web browser Do Not Track (“DNT”) signals or other similar mechanisms. You may opt out of interest-based advertising as follows: You may opt out of seeing interest-based ads from us or our third party advertising partners on your desktop browser and/or mobile web browser by visiting the DAA at http://www.aboutads.info/choices/ or by visiting the Network Advertising Initiative (“NAI”) at http://www.networkadvertising.org/choices/. You may opt out of seeing interest-based ads in the Apps by downloading the DAA’s AppChoices application, which is available at http://www.aboutads.info/appchoices. If you have a Foursquare or Swarm account, you may opt-out of seeing interest-based ads from Foursquare only in the privacy settings section of your respective account. Certain versions of your device’s operating system permit you to opt out of interest based advertising. Please visit your device settings to limit such tracking. Please note that when you opt out of interest-based ads, you will still see ads, but they will no longer be based on your interests or behavior. After you have opted out, we will no longer use any PII collected from you on that particular browser or device for advertising purposes. We will also be unable to connect that device or browser to a different device or browser.How to Remove Background Location Sharing? If you use our Apps and have opted-in to sharing your background location with us, you may remove your permission at any time by going into your operating device settings and toggling off background sharing. PART II - PARTNER END-USERS Below are the ways in which we may collect, use and share Data about Partner End-Users. Api Or Data Files We share Data with third party developers via our API, which may also involve those third party developers agreeing to share Data about Partner End-Users with us. They have committed not to share Partner End-User Data with us: if it comprises PII; or without the Partner End-User giving prior consent to such sharing. (We also share Data with third party developers via data files but this does not involve those third party developers sharing Partner End-user Data with us.) Sdk Products App developers may partner with us to use our SDK, which they integrate into their own apps to help them identify when Partner End-Users are near interesting places of relevance to their service (e.g. a nearby store with respect to which they can offer a coupon), identify accurate venue data (such as the geo-coordinates of a restaurant or store) or to identify when their end users have visited a specific venue (“Visit Data”). When partners use our SDK, we may receive certain Partner End-User Data back (e.g. wifi end points, Visit Data, and other Data), including Data about users of our Consumer Services, if the Partner End-Users are also Foursquare Users. PART III – INDIVIDUALS WHO ARE NOT FOURSQUARE USERS OR PARTNER END-USERS Below are the ways in which we may collect, use and share Data about individuals who are not Foursquare Users or Partner End-Users. Media Products We, our partners, and advertising service providers may receive Data from unaffiliated apps and websites, advertising exchanges, ad platforms, ad networks or from our partners, which we, our partners and advertising service providers may use to send interest-based advertising. The Data collected for this purpose may include Data such as activity when using the Consumer Services or on unaffiliated websites and apps, or Data received from web browsers or operating systems such as browser types and settings, the operating systems, device models, carriers, location information, IP address, mobile device and advertising identifiers (e.g. Apple IDFA or Google Advertising ID), as well as cookie information, pixel or other similar technology. We may combine the Data described above with demographic, location and other interest-based segment Data from third parties to provide the Enterprise Services. When we partner with a business, PII is not shared with them. We will only share Data in aggregate or in some cases, pseudonymized form. When we share Data in a pseudonymized form, a unique identifier is shared so that our partner can measure conversion as to whether an individual has seen its ad, visited its website, or visited their brick and mortar location. We may collect Data about individuals acting in their professional capacity as a representative of a third party developer, vendor, partner or enterprise customer. We may collect their names, job titles, phone numbers, email addresses and/or billing addresses (of their organization), so that we can contact and interact with these organizations in relation to the contracting process, billing, and/or promotions. We do not combine Data from these individuals with any Data about users of our Consumer Services. In the case of developers who use our API or SDK, we also collect Data that developers provide on their developer account profiles, as well as certain Data that we process when a developer uses his or her account (such as time of use and device information). We may share Data we collect about these individuals with service providers, vendors and contractors to provide or perform services on our behalf, such as providers that help us manage customer relationships, sales, and marketing for Foursquare. Our service providers, vendors and contractors will be subject to binding contractual obligations to: (i) only process this Data in accordance with our prior written instructions, and not use the Data for their own purposes; (ii) use measures to protect the confidentiality and security of the Data; (iii) comply with additional requirements under applicable law. We may also share this Data when we believe in good faith that such release is necessary to comply with law or a legal process, including laws outside the individual’s country of residence; to protect our rights, property, or safety of Foursquare, our employees, the Consumer Services and others. We may also share this Data as part or in anticipation of a business sale, merger, consolidation, investment, change in control, transfer of substantial corporate assets, reorganization, liquidation, or similar business transaction or corporate event. PART IV – INDIVIDUALS DESCRIBED IN ALL OF PARTS I, II AND III. This Part IV applies to Data about individuals we may collect in the circumstances described in all of Parts I, II and III. Your Legal Rights Subject to applicable law, you may have a number of rights regarding the processing of your PII, including: the right to request access to, or copies of, your PII that we process or control, together with information regarding the nature, processing and disclosure of that PII; the right to request rectification of any inaccuracies in your PII that we process or control; the right to request, on legitimate grounds: deletion of your PII that we process or control; or restriction of processing of your PII that we process or control; the right to object, on legitimate grounds, to the processing of your PII by us or on our behalf; the right to have your PII that we process or control transferred to another data controller, to the extent applicable; where we process your PII on the basis of your consent, the right to withdraw that consent; and the right to file a complaint with a Data Protection Authority regarding the processing of your PII by us or on our behalf. This does not affect your statutory rights. To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Privacy Policy, or about our processing of your PII, please use the contact details provided below. Security We use industry standard physical, technical, and logical security measures to protect your Data. We endeavor to safeguard your Data to ensure that it is kept secure. However, we cannot guarantee the security of Data in an account from unauthorized entry or use, hardware or software failure, and other factors. Your account is protected by a password that you have chosen. We recommend using a password that is unique to your Foursquare or Swarm account. If you use the Consumer Services on public or shared networks (e.g. public wifi), we cannot ensure the security of your account. Children Under 13 Neither the Consumer Services nor the Enterprise Services are directed to individuals who are under 13 years of age. We do not knowingly collect any Data from children under 13. If you notice or suspect that a user is under 13, please contact us immediately at privacy@foursquare.com. Pii Retention The criteria for determining the duration for which we will keep your PII are as follows: we will retain copies of your PII only for as long as is necessary in connection with the purposes set out in this Privacy Policy, unless applicable law requires a longer retention period. In addition, we may retain your PII for the duration of any period necessary to establish, exercise or defend any legal rights. International Users Our Apps and all of our data, including your Data, are hosted on servers in the United States. If you are using or accessing the Consumer Services or Enterprise Services from outside of the United States, your Data will be transferred to, processed and stored in the United States. As a result, United States federal and state governments, courts, or law enforcement or regulatory agencies may be able to obtain your Data through laws applicable in the United States. United States laws may not offer the same privacy protections as the law of your jurisdiction. Changes To This Privacy Policy? Foursquare may amend this Privacy Policy from time to time. We encourage you to regularly check this page to review any changes we might make in accordance with this Privacy Policy. If we make material changes in the way we use your Data, we will notify you by posting an announcement on our Sites or Apps, or by sending you an email (if we have your email). If permitted by law, users are bound by any changes to this Privacy Policy when they use the Consumer Services and Enterprise Services after such changes have been first posted. Contact Us If you have any questions or concerns regarding this Privacy Policy, please send a detailed message to: privacy@foursquare.com or Foursquare Labs, Inc., 50 W 23rd St, New York, NY 10010. We will make every effort to resolve your concerns.
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