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If we are acquired by a third party as a result of a transaction such as a merger, acquisition, or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your Personal Data, will be disclosed or transferred to a third party acquirer in connection with the transaction.
The data protection laws in these countries may not be the same as in your home country. If we transfer your Personal Data from the EEA to other countries, including the USA, we ensure that a similar degree of protection is provided to your Personal Data as within the EEA by ensuring that at least one of the following safeguards is implemented:.
The country that your Personal Data is transferred to is a country that the European Commission has deemed to provide an adequate level of protection for Personal Data as the EEA.
We use specific contracts approved by the European Commission which give Personal Data the same protection as it has in Europe when we engage with service providers.
We have appropriate security measures in place to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, improperly altered or disclosed.
We also limit access to your Personal Data to employees, agents, contractors and other third parties who have a business need to know.
They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
This is also the case for anyone that we share your information with and who carry out services on our behalf. When we no longer need to use your Personal Data and there is no need for us to keep it to comply with our legal or regulatory obligations, we will either remove it from our systems or anonymize it so that it can no longer be associated with you.
You have certain rights in relation to your Personal Data. In order to exercise these rights, please contact us at:.
For all other Services at privacy nianticlabs. Delete or correct your Personal Data. The easiest way to update your account information is via your in-app settings.
Object to us processing your Personal Data. Some of the Personal Data we hold is necessary for us to provide the Services to you and fulfill the promises we make to you in the Terms of Service.
Ask us to stop using your Personal Data, including for marketing and promotional purposes but be aware that sometimes we need to use your Personal Data in order for you to use the Services.
Complain to a regulator. The law provides exceptions to these rights in certain circumstances. Where you cannot exercise one of these rights due to such an exception, we will explain to you why.
Please note that if you decide not to provide us with the Personal Data that we request, you may not be able to access all of the features of the Services.
As a general rule, children are not allowed to use the Services, and we do not collect Personal Data from them. We define "children" as follows:.
Residents of the EEA: You may contact SuperAwesome directly at privacy superawesome. Niantic will not collect, use, or disclose any Personal Data from a child if their parent or guardian does not provide such consent.
Parents will then be required to verify their identity through the Niantic Kids Parent Portal operated by SuperAwesome. In order to perform that verification, SuperAwesome requires certain personal information about parents.
If we learn that we have collected Personal Data of a child, and we do not have parental consent, we will take steps to delete such information from our files as soon as possible.
You will be given reasonable notice of any material change. In using our Services you may access links to websites and services that are owned or operated by third parties each, a " Third Party Service ".
To protect your information we recommend that you carefully review the privacy policies of all Third Party Service that you access.
If you are registering your PTC account on behalf of your authorized child we will also collect some Personal Data about your child.
We comply with parental consent requirements as mandated by the U. TPCI will not share that information with us. Information shared with other players.
You should also read our Terms of Service which set out the contract between you and Niantic. Who decides how your information is used?
We need to collect and use certain Personal Data to provide the Services to you and fulfil the promises we make to you in the Terms of Service: We further use the information above in order to provide technical and customer support to you.
In addition, we have and rely on a legitimate interest in using your Personal Data as follows: To offer new or additional features for our Services.
To make legal or regulatory disclosures. We will only use your Personal Data to do the following if we have your consent: Who we share information with We will not share any Personal Data that we have collected from or regarding you except as described below: The service providers we use help us to: How your Personal Data is transferred Niantic operates its Services across the globe.
If we transfer your Personal Data from the EEA to other countries, including the USA, we ensure that a similar degree of protection is provided to your Personal Data as within the EEA by ensuring that at least one of the following safeguards is implemented: How we keep your Personal Data safe We have appropriate security measures in place to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, improperly altered or disclosed.
Your rights and choices You have certain rights in relation to your Personal Data. In order to exercise these rights, please contact us at: Request access to the Personal Data we hold on you.
Have your Personal Data transferred to another organization where it is technically feasible. We aim to provide the information or complete the outcome you request within 30 days.
Subject to your compliance with these Terms, Niantic grants you a personal, noncommercial, nonexclusive, nontransferable, nonsublicensable, revocable, limited license to download, view, display, and use the Content solely for your permitted use within the Services.
Niantic does not claim ownership rights in User Content and nothing in these Terms restricts any rights that you may have to use and exploit your User Content.
Subject to the foregoing, Niantic and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights.
You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries.
You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
By making any User Content available through the Services you grant to Niantic a nonexclusive, transferable, sublicenseable, worldwide, royalty-free, perpetual license or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law , to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote and distribute your User Content in connection with operating and providing the Services and Content to you and to others.
By accepting these terms, you allow Niantic to benefit freely from the above rights, including but not limited to:. The right to publicly or privately broadcast or make available the User Content or any product incorporating the User Content , in return for payment or free of charge in all places by any means or process known or unknown at the present time, and in particular via Internet, pay per view, pay per play, theatrical or television broadcasting, DVD, and print.
The right to use the User Content for demonstration, promotion and advertising for all Niantic Services. The right to produce or order the production of any new product or service from the User Content or from any product incorporating or exploiting the User Content, either reproduced as it stands or modified by Niantic or by any outside party of its choice.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms.
To the extent permitted by applicable law, you also agree that you will not exercise your moral rights or equivalent rights under applicable laws , such as your right to be identified as the author of any of the User Contents, against Niantic or any third party designated by Niantic.
Certain Apps permit Account holders to capture and trade virtual items, including but not limited characters or other items " Trading Items " , during gameplay.
Trading Items are a category of Content, and you acknowledge that you do not acquire any ownership rights in or to Trading Items and that Trading Items do not have monetary value.
You agree that you will only obtain Trading Items from other Account holders and through means provided by Niantic, and not through any third-party platform, broker, or other mechanism, unless expressly authorized.
Any such sale, transfer, or exchange or attempt to do so is prohibited and may result in the termination of your Account or cancellation of such Trading Items.
All Trading Items and other Content are provided "as is," without any warranty, except where prohibited under applicable law.
Virtual Money is a category of Content. You may access and purchase Virtual Goods for your personal, non-commercial use of the Services.
You acknowledge that you do not acquire any ownership rights in or to the Virtual Money or Virtual Goods. Any balance of Virtual Goods or Virtual Money does not reflect any stored value and you agree that Virtual Money and Virtual Goods have no monetary value and do not constitute currency or property of any type.
Once you acquire a license to Virtual Money or Virtual Goods, you may not transfer them to another individual or account. Any such sale, transfer, or exchange or attempt to do so is prohibited, is a violation of these Terms and may result in cancellation of such Virtual Money or Virtual Goods or the termination of your Account.
As set forth below, all Virtual Money, Virtual Goods, and other Content is provided "as is," without any warranty. You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we will not permit exchanges or refunds for any unused Virtual Money or Virtual Goods once the transaction has been made.
If we discontinue the use of Virtual Money or Virtual Goods, we will provide at least 60 days advance notice to you by posting a notice through the Services or through other communications.
You can submit feedback, comments, and suggestions for improvements to the Services " Feedback " by reaching out to us on social media or support channels.
Feedback is a form of User Content. Niantic respects copyright law and expects its users to do the same. You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof.
In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so:.
Although Niantic is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements.
We reserve the right to remove or disable access to any Content, at any time and without notice. Niantic may remove any Content we consider to be objectionable or in violation of these Terms.
We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.
The term " Event s " means any in-person event, gathering, activity or the like which is directly organized, hosted, or managed by Niantic, and any Promotion as defined below.
By registering or, where required, purchasing tickets for an Event, you represent and warrant that the information you provide is true and accurate.
If you are registering or purchasing tickets on behalf of others, you represent and warrant you have all necessary rights and consents to register and provide this information for others.
Subject to applicable law and the exceptions set forth in these Terms, no refunds or exchanges of Event tickets are permitted and tickets are non-transferable.
Actual or attempted resale of tickets subjects them to revocation without refund. Tickets obtained from unauthorized sources may be invalid, lost, stolen, or counterfeit and may not be honored.
Tickets cannot be replaced if lost, stolen or destroyed. Commercial use of tickets is prohibited without written approval from Niantic.
Tickets are not redeemable for cash or credit. You agree to abide by any published ticket limits or restrictions, and orders exceeding or violating these restrictions are subject to cancellation without notice or refund.
You shall at all times comply with all applicable laws and any rules and policies provided by Niantic or any other authorized party involved in creating or delivering the Event, including all health and safety policies and procedures and all reasonable instructions of the venue staff and Niantic representatives at the Event.
As a condition of participation, you agree to comply with all policies on the Sites, including, without limitation, any applicable Event website. Illicit drugs, controlled substances, contraband, weapons and illegal items are prohibited at Events.
You agree and consent to reasonable security precautions and search on entry. If you elect not to consent to such security precautions and searches, you may be denied entry, or removed from, an Event without refund or other compensation.
Unless prohibited by applicable law, you agree that by purchasing tickets to, participating in or attending an Event, you willingly, knowingly and voluntarily assume any and all risks occurring before, during or after the Event, including injury by any cause and damage, loss, or theft of property.
You acknowledge that Events, and certain activities at Events, have inherent and unforeseen risks, including but not limited to a contact or collision with persons or objects, b obstacles e.
You agree to take reasonable precautions before attending or participating in an Event and its activities, for example consulting with a personal physician and ensuring you are in good physical health, wearing appropriate attire, and bringing necessary or recommended supplies.
You further understand and acknowledge it is your responsibility to inspect the Event grounds, facilities, equipment and areas to be used, and that by participating in the Event, you acknowledge the Event grounds, facilities, equipment, and areas to be used are safe, adequate, and acceptable for participation.
If you believe or become aware of any unsafe conditions or unreasonable risks, you agree to immediately notify appropriate personnel and cease participation in the Event.
To the extent permitted under applicable law, you hereby waive and release Niantic and any other party involved in creating or delivering the Event from any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to your attendance or participation in an Event, including for negligence, inherent and unforeseen risks, injury or damage to persons or property and the actions of third parties or Event participants and spectators.
Admittance to an Event does not guarantee any specific Event Features while at the Event. If an Event is canceled, suspended, or rescheduled and you are not able to attend, you will not be entitled to any compensation other than a refund of the ticket price at its face value with no further liability or compensation from Niantic or any other party.
Any travel or accommodation costs incurred are entirely your responsibility. Niantic may publish the results of any competitions including rankings and any winners , gameplay statistics, and pictures of participants in promotional and marketing materials and on social media in accordance with these Terms.
By participating in any Promotion, you will become subject to those Promotional Terms. All Promotional Terms are incorporated into, may vary from, and shall supercede these Terms.
If Niantic offers you access to the Beta Software, then, subject to your compliance with these Terms, Niantic grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Beta Software solely for the purposes of testing and providing feedback on the Beta Software as part of the Beta Program.
Without limiting the foregoing and except as prohibited under applicable law, the following are prohibited and you may not:.
Be careful when using the Beta Software in public. Do not allow anyone to see, hear, film, or photograph the Beta Software.
All such comments, suggestions, feedback, and analytic data collectively, the " Beta Feedback " is the exclusive property of Niantic.
You understand and agree that participation in the Beta Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Niantic, and you will not be compensated for your participation or any Beta Feedback.
Unless prohibited by applicable law, all Test Materials are provided to you "as is" without any explicit or implicit warranty of any kind.
You should install the Beta Software on non-production devices that are not business critical and have been backed up. To the extent permitted under applicable law, Niantic is not liable in any way for any damages you might incur as a result of your participation in the Beta Program.
You agree that any breach of your confidentiality obligation will result in irreparable harm to Niantic, the extent of which would be difficult to ascertain, and that monetary damages will not be an adequate remedy.
Accordingly, you agree that in the event you breach your confidentiality obligation, Niantic will be entitled to injunctive or other equitable relief as the court deems appropriate, in addition to any other remedies which it may have available.
Services may contain links to third party websites or resources. Niantic provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites.
To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.
Niantic is not responsible for the availability or quality of third party services, including cell phone networks, hotspots, wireless internet and other services.
Such third party services may affect your ability to utilize the Services or participate in an Event and you hereby waive and release Niantic and any other party involved in creating or delivering the Services from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third party services.
If you live in the US or another jurisdiction which allows you to agree to arbitration, you and Niantic agree that any disputes will be settled by binding arbitration, except that each party retains the right: Without limiting the preceding paragraph, you will also have the right to litigate any other dispute if you provide Niantic with written notice of your desire to do so by email to termsofservice nianticlabs.
If the terms of this Section The arbitrator, and not any court or agency, shall have exclusive authority to a determine the scope and enforceability of this arbitration agreement and b resolve any dispute related to its interpretation, applicability, enforceability, or formation including any claim that all or any part of it is void or voidable.