Developer & Enterprise Services Privacy Policy

Last Updated: January 20, 2022

This Developer & Enterprise Services Privacy Policy describes our data practices when we process personal data to provide our business products (collectively “Developer & Enterprise Services”). This Privacy Policy applies globally to all Developer & Enterprise Services offered by Foursquare and our affiliates. For information about how we process consumer data from our apps and websites, please see our Consumer Services Privacy Policy.

Introduction
Foursquare’s Developer and Enterprise Services are products and services offered to and designed primarily for use by organizations and developers. This Privacy Policy explains how personal data is used in the context of our Developer & Enterprise Services. In the event of a conflict between this Privacy Policy and the terms of any agreement governing our Developer & Enterprise Services, the terms of the agreement will control.

Personal Data We Collect
To provide our Developer & Enterprise Services, we may collect data about individuals acting in their professional capacity or in their capacity as a developer. This may include:

Personal Data We Collect

When we collect data, we rely on several legal bases, these include:

  • Contract Performance. When the processing is necessary to perform our contract with you, such as our Terms of Service. This may include providing you with our Developer & Enterprise Services or tailoring the services to your preferences;
  • Legitimate Interests. When the processing is necessary for our legitimate business interests (or those of our enterprise customers), including but not limited to, improving or providing our Developer & Enterprise Services;
  • Consent. When you have given us your consent, including as described in this Privacy Policy. You may withdraw your consent to processing at any time using the settings on your device or in your account;
  • Legal Obligation. When we have a legal obligation to do so, as described in this Privacy Policy.

How We Use Your Personal Data
When we collect data about individuals acting in their professional capacity or in their capacity as a developer, we may use that data for the following purposes:

  • Account & Registration. We use your data to operate, support and improve our Developer & Enterprise Services. This includes creating, maintaining or servicing your accounts (including repairing errors that impair existing or intended functionality), providing customer service, processing transactions and payments, and verifying customer information.
  • Business Operations. Conducting ordinary business operations, verifying your identity, conducting business research, auditing, analytics, planning and strategy, corporate reporting and management.
  • Communications. Responding to requests for support, sharing updates, and providing information required by law or applicable corporate updates related to mergers, acquisitions or divestitures.
  • Marketing & Advertising. We use data for our business marketing.
  • Events. If you register for an event with us, we will add your contact information to our list of expected attendees.
  • Security. We use data to detect security threats (e.g., malware or other malicious activities), troubleshoot performance issues and to protect the security and safety of our products, systems, and customers. Our security measures may include the use of automated systems.
  • Protect Our Rights & Property. We use data to prevent fraud, identity theft, activities that violate our policies, terms of service, or the law, or to prevent other criminal activity that compromises our ability to protect our rights and property, secure our services, your data or the safety of our customers, employees and others.
  • Comply With Law & Industry Standards. We process data to comply with applicable laws, regulations, legally-binding requests from law enforcement, and relevant industry standards. For example, we must process data to conduct appropriate due diligence for compliance purposes.

Personal data collected from developers, partners and enterprise customers is not combined with personal data collected from users of our Consumer Services.

Sharing Your Personal Data

Personal data collected from developers, partners and enterprise customers may be shared for the following purposes and only with the appropriate and equivalent protections (i.e., technical, organizational, and contractual) in place:

  • Sharing with Your Consent or at Your Direction. We share your data with your consent or as necessary to complete any transaction or provide any product you have requested or authorized.
  • Sharing with Affiliates. We share data with other Foursquare affiliates for the purposes outlined in this Privacy Policy.
  • Sharing with Service Providers & for Business Purposes. We share data with service providers that perform services on our behalf, such as cloud storage, IT services, marketing, analytics and search engine and other software services. These service providers may be located in countries other than the country where the information originally was collected, such as the United States and Canada. We do not authorize our service providers to retain, use or disclose the data except as necessary to perform services on our behalf or comply with legal requirements.
  • Sharing to Comply with Law & Protect Our Rights. We may share data (i) if we are required to do so by law or legal process (such as a court order or subpoena); (ii) in response to duly authorized requests from public authorities, including to meet national security, public interest or law enforcement requirements (iii) to establish, exercise or defend our legal rights; (iv) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (v) in connection with an investigation of suspected or actual illegal activity; (vi) to protect the rights, property, or safety of Foursquare and our products and services, our employees, or users and others; or (vii) to otherwise comply with legal obligation (i.e., conducting due diligence or screening for compliance purposes).
  • Sharing for Corporate Transactions. We may also share 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.

When you are acting in your professional capacity as an employee or representative of an organization, we may also share data in accordance with the instruction of that organization.

About Developer & Enterprise Services
The data we use to develop our Developer & Enterprise Services is collected in accordance with our Consumer Services Privacy Policy. In addition, we may also collect and process personal data on behalf of our developer and enterprise customers (“Customers”) in order to provide our Developer & Enterprise Services.

You can learn more about Foursquare’s specific data processing activities in relation to its Developer & Enterprise Services in the following chart:

Please note that this is not an exhaustive list of Foursquare’s Developer & Enterprise Services and specific details regarding data collection, processing and use will be set forth in the agreement(s) that govern such services.

< * > To the extent that the Places API implementation is configured to transmit personal data to Foursquare or to the extent that Foursquare will process personal data as part of Proximity, Foursquare’s Controller-to-Processor Data Processing Agreement will apply.

< ** > When Pilgrim SDK is being used in the context of a data sharing partnership, both the customer and Foursquare serve as controllers.

How We Secure & Retain Personal Data
Taking into account the risks involved in the processing and the nature of the personal data, we maintain reasonable and appropriate administrative, technical and physical safeguards designed to protect personal data we obtain through our Developer & Enterprise Services against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

We keep data in accordance with the terms of any agreement governing our Developer & Enterprise Services, or to the extent permitted by applicable law, we keep for the duration of our relationship, plus a period of up to three (3) years, unless we retain the information longer for our legitimate business purposes or to comply with the applicable statute of limitations periods and other applicable laws or legal considerations.

Children’s Privacy
Our Developer & Enterprise Solutions are intended for a general audience and are not directed at children. We do not knowingly collect personal data online from individuals under the age of 13 or such other age as may be directed by applicable law.

Cookies & Similar Technologies
To ensure functionality of the web-based user interfaces that form part of our Developer and Enterprise Services, and to conduct analytics around the usage of these interfaces, we may use cookies and similar technologies. We do not use these cookies or other technologies for tracking or for the purposes of conducting interest-based advertising by Foursquare or third parties. You can learn more about our use of these tools in our Cookies & Similar Technologies Policy.

Data Subject Rights
When you are acting in your professional capacity as an employee or representative of an organization, if you wish to exercise your privacy rights, you may do so by going first to that organization.

Developers that are not employed by an organization or acting as a representative of an organization, may have the rights to access, correct, transfer, restrict processing or delete data. Please note, however, that these rights are limited to the developer’s own personal data (i.e., personal details associated with the developer’s account). These rights may be further limited, for example, if fulfilling your request would reveal personal data about another person or you ask us to delete information that we are required by law to keep or have compelling legitimate interests to keep.

We will not discriminate against you for exercising your rights and choices. If we are unable to resolve your concerns, you have the right to contact a data privacy supervisory authority in the country where you live or work, or where you consider that the data protection rules may have been breached or seek a remedy through the courts. For questions, concerns or complaints about our participation in the EU/Swiss-US Privacy Shield, please read about our International Data Transfers.

You can learn how to exercise your privacy rights and choices here.

International Data Transfers
In order to provide our Developer & Enterprise Services, it is possible that personal data is transferred to or accessed by Foursquare affiliates or third parties located in countries other than the country in which you or the data subject reside. These countries may not have the same data protection laws as the country in which you reside. Foursquare will conduct any data transfers in accordance with this Privacy Policy and all applicable laws and permissible data transfer mechanisms. To learn more about Foursquare’s participation in the EU-US and Swiss-US Privacy Shield Frameworks, please see the International Data Transfers Section of our Consumer Services Privacy Policy.

Contact Us
For other inquiries, you can contact us in the following ways:

  • General Inquiries. If you have any questions or concerns regarding this Privacy Policy, you can either contact your Foursquare representative or you can send a detailed message to our Data Protection Officer or Foursquare Labs, Inc., 50. West 23rd Street, 8th Floor, New York, NY 10010. We will make every effort to resolve your concerns.
  • EU Residents. VeraSafe has been appointed as Foursquare’s representative in the EU for data protection matters. VeraSafe can be contacted, in addition to Foursquare, for matters related to the processing of your personal data only. You can submit your inquiry online to VeraSafe or by postal mail: VeraSafe Ireland Ltd., Unit 3D North Point House, North Point Business Park, New Mallow Road, Cork T23AT2P, Ireland.
  • UK Residents. VeraSafe has been appointed as Foursquare’s representative in the UK for data protection matters related to the processing of your personal data only. If you are in the UK, you can submit your inquiry online to VeraSafe or by postal mail: VeraSafe United Kingdom Ltd., 37 Albert Embankment, London SE1 7TL, United Kingdom.

Changes to This Privacy Policy
We may update this Privacy Policy to reflect updates to our practices, technologies, or legal requirements from time to time. We will post the revised Privacy Policy here and indicate when it was most recently updated. If we make material changes in the way we use your data, we will notify you by posting an announcement on our sites.