Foursquare Insights Additional Terms

Last Updated: November 7, 2022

These Foursquare Insights Additional Terms (“Additional Insights Terms”) apply to Foursquare Insights services. In these Additional Insights Terms, references to the “Product” are to the Foursquare Insights delivered via one or more Reports, as further set forth in a Supplement. Terms not defined in these Additional Insights Terms are defined in the Foursquare Enterprise Customer Master Terms.

1. Certain Definitions

1.1 “Reports” means the Insights reports described in a Supplement.

2. Delivery, License and Restrictions

The parties will enter into a Supplement for any applicable Reports. Foursquare will provide Reports to Company via email or secure weblink. Subject to the terms of the Agreement, Foursquare grants Company a non-exclusive, non-transferable license (a) if Company is using Insights Services on its own behalf, to use Reports solely on an internal basis for Company’s business purposes, and (b) if Company is an acting on behalf of a client, to use and share Reports solely with the client for whom such Reports were ordered. Company may not use the Report(s) (or copies or extracts) for any other purpose or to furnish reporting to any third party (other than the client, if applicable). If Company shares Reports with clients, Company’s client agreements must provide that clients will only use such Reports internally.

3. Additional Requirements

3.1. As to the data and other materials each party provides under a Supplement, each party will only provide data and materials that it has all necessary rights and permissions to provide for use by the other party as described herein.

3.2. If Company provides any data (“Company Data”) to Foursquare for use in creating a Report, this section applies. Company grants Foursquare a worldwide, non-exclusive, non-sublicensable, non-transferable (except as permitted in the assignment provisions) and royalty-free license to store, reproduce, modify and use Company Data solely for the purpose of providing Report to Company. Company Data constitutes Company Materials under the Agreement. As to Company Data that is subject to the California Consumer Protection Act, as updated and amended (“CCPA”), (a) Foursquare is acting as a Service Provider under the CCPA, and (b) as such, Foursquare will not, and certifies that it will not, collect, retain, use, sell, or otherwise disclose, for any purpose other than for the specific purpose of provide the Product or as otherwise required by law, the following: information subject to the CCPA that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. Unless a Supplement explicitly provides otherwise and the parties execute additional appropriate terms, Company will not provide Foursquare with any data subject the EU General Data Protection Regulation (Regulation 2016/679), the EU e-Privacy Directive (Directive 2002/58/EC), equivalent Swiss and UK laws, and any legislation or regulation implementing or made pursuant to any of them, or which amends, replaces, re-enacts, consolidates or succeeds any of them (collectively, the “European Rules”).

4. Fees & Payment

Unless a Supplement specifies otherwise, Foursquare will invoice Company upon Foursquare’s completion of each Report. Notwithstanding termination of a Supplement or other portion of the Agreement (other than for Foursquare’s uncured material breach), fees for each Report are non-cancelable and non-refundable.

5. Additional Intellectual Property Terms

As between the parties, Company owns all right, title and interest in and to the Company Data, and Foursquare owns all right, title and interest in and to the Reports and any future developments and enhancements thereto.