Privacy Policy

Interpretation & Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy & Data Collection Policy:

• You (referred to as either “You”, “Your” or “User”) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to GOLFTEC Enterprises, LLC and its following affiliates: GOLFTEC Canada Franchising, LLP, GOLFTEC Canada ULC, GOLFTEC Canada Holdings, Inc., GOLFTEC Franchising LLC, GOLFTEC Franchise Services Inc., GOLFTEC Management LLC and GDO GOLFTEC Inc. These companies are also correctively referred to as “GOLFTEC Group”.
• Application means the software program provided by the Company downloaded by You on any electronic device, named GOLFTEC Clubhouse App.
• Account means a unique account created for You to access Our Service or parts of Our Service.
• Website refers to the GOLFTEC website or the GOLFTEC Clubhouse website. Localized versions of these sites are accessible at:
  https://www.golftec.com, https://clubhouse.golftec.com, https://www.golftec.com.hk, https://clubhouse.golftec.com.hk, https://www.golftec.com.sg, https://clubhouse.golftec.com.sg, https://www.golftec.cn, https://clubhouse.golftec.cn, https://golftec.golfdigest.co.jp/,and https://clubhouse.golfdigest.co.jp/
• Instruction refers to participating in golf instruction with a GOLFTEC Coach or in automated sessions in one of Our Training Centers or outdoors at a public or private golf course, club or range.
• Fitting refers to the process of determining a recommended set of golf equipment designed to improve Your golf game.
• Service refers to Instruction, Fitting or the use of Our Application or Website.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. Service Providers may be employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to access some content created by the Company.
• Facebook Pages are public profile pages created by the Company or its franchisees on the Facebook social network.
• Personal Data is any information that relates to an identified or identifiable individual. Personal Data includes any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Do Not Track (DNT) is a web browser setting that requests that a web application disable its tracking of an individual user.
• Sale, means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a User’s Personal Data to another business or a third party for monetary or other valuable consideration.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain Personal Data that can be used to contact or identify You. 

In addition, during the Service, You will likely be asked to provide information about Your golf game, Your physical condition and Your golf equipment. Instruction will likely include digital recordings of Your golf swing.

In particular, We have collected and processed the following categories of Personal Data from Users’ use of Our Service through the methods described in this Privacy & Data Collection Policy, and disclosed such Personal Data to the categories of third parties indicated below, within the last twelve (12) months.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy & Data Collection Policy. We will retain and use Your Personal Data to the extent necessary to comply with Our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

In the course of sharing Your information, including Personal Data with the parties listed above (see “Use of Your Personal Data” section above), Your information may be transferred from the country or region where You or the entity of GOLFTEC Group which collected Your Personal Data is located to a different country or region.

Your consent to this Privacy & Data Collection Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy & Data Collection Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other Personal Data.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different privacy policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Disclosure permitted by law

In addition, the Company may disclose Your Personal Date if and to the extent permitted under applicable law.

Security of Your Personal Data

The security of Your Personal Data is important to Us, and we have taken steps beyond what is legally required to keep your Personal Data safe. Understand, however, that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Detailed Information on the Processing of Your Personal Data

Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

• Google Analytics
  Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send, through Your GOLFTEC Clubhouse account preferences or by contacting Us.

We may use Email Marketing Service Providers to manage and send emails to You.

• Braze
  Braze is an email, SMS and push notification sending service. For more information on the privacy practices of Braze, please visit their privacy policy: https://www.braze.com/privacy
  
• Mailchimp
  Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC. For more information on the privacy practices of Mailchimp, please visit their privacy policy: https://mailchimp.com/legal/privacy/

Behavioral Remarketing

The Company uses remarketing services to advertise on third party websites to You after You visited our Service. We and Our third-party vendors use cookies to inform, optimize and serve ads based on Your past visits to our Service.

• Facebook
  Facebook remarketing service is provided by Facebook Inc. You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
  To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
  Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings. For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation

Payments

We may provide paid products and/or services within the Service. In that case, We may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your Personal Data is governed by their privacy policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information. Depending on Your location, these payment processors may include one of the following:

• Authorize.net (United States)
  Their Privacy Policy can be viewed at https://www.authorize.net/company/privacy/
• Moneris (Canada)
  Their Privacy Policy can be viewed at https://www.moneris.com/en/Privacy-Policy
• Global Payments Direct (Hong Kong)
  Their Privacy Policy can be viewed at https://www.globalpaymentsinc.com/en-ap/privacy-statement
• Wirecard (Singapore)
  Their Privacy Policy can be viewed at https://www.wirecard.com/en-ap/privacy-policy
• Bank of China (China)
  Their Privacy Policy can be viewed at https://www.boc.cn/custserv/cs1/200812/t20081209_135607.html

Usage of Third-Party Services

We may use third-party Service Providers to provide better improvement of our Service.

• reCAPTCHA v3
  We use an invisible captcha service named reCAPTCHA. reCAPTCHA is operated by Google. The reCAPTCHA service may collect information from You and from Your Device for security purposes. The information gathered by reCAPTCHA is held in accordance with the privacy policy of Google: https://www.google.com/intl/en/policies/privacy/

Your Rights Regarding Your Personal Data

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights listed below under this Privacy & Data Collection Policy, and by Your local law if applicable:

• The right to say no to the sale of Personal Data. We do not sell Your Personal Data or accept third party advertisements on our pages that might collect data about You. In the unlikely event that this situation would change, We would notify You in advance to get Your consent.
• The right to request access to Your Personal Data. The right to view the Personal Data information We have collected on You in the previous 12 months. Whenever made possible, You can access Your Personal Data directly within Your GOLFTEC Clubhouse account settings section.

If you are unable to perform this action yourself, please contact Us to assist You. We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request, but to the extent such disclosure is required under the applicable law. The time period to provide the required information may be extended once by an additional 45 days when reasonable necessary and with prior notice.

• The right to request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected. In many instances You can enact these updates in your GOLFTEC Clubhouse account or you can request changes be made by contacting Us.
• The right to request erasure of Your Personal Data. You have the right to ask Us to delete or remove all of Your Personal Data. Since the Personal Data collected is necessary for Us to provide Our Service to You, this will mandate We close Your account with Us.
• Verification. Before We respond to Your request to access, correct or erase your Personal Data, We may ask You to verify Your identity, which process may include submission of your Personal Data such as the data that You have registered on your Account and/or a copy of your government-issued identification document.
• Authorized Agent. You may use an authorized agent to submit a request to access, correct or erase Your Personal Data. To designate an agent for these purposes:
  • You must provide Us with a copy of a written and signed power of attorney given to Your authorized agent; and
  • You must verify Your own identity directly with Us.
• The right to withdraw Your consent. You have the right to withdraw Your consent on using Your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
• Right to Non-Discrimination. You have the right to be free from discrimination by Us as a result of You exercising Your rights under this section.

To exercise Your rights under this Privacy & Data Collection Policy or applicable law, which may include the rights to require correction, disclosure, deletion, and suspension of use, please contact Us. For Our contact information, please see the Contact Us section below.

Facebook Pages

Data Controller for the Facebook Pages

The Company has entered into agreements with Facebook that define the terms for use of the Facebook Pages, among other things. These terms are mostly based on the Facebook Terms of Service: https://www.facebook.com/terms.php

Visit the Facebook Privacy Policy https://www.facebook.com/policy.php for more information about how Facebook manages Personal data or contact Facebook online, or by mail: Facebook, Inc. ATTN, Privacy Operations, 1601 Willow Road, Menlo Park, CA 94025, United States.

Facebook Insights

We use the Facebook Insights function in connection with the operation of the Facebook Pages in order to obtain anonymized statistical data about Our Users.

For this purpose, Facebook places a Cookie on the device of the user visiting Our Facebook Pages. Each Cookie contains a unique identifier code and remains active for a period of two years, except when it is deleted before the end of this period.

Facebook receives, records and processes the information stored in the Cookie, especially when the user visits the Facebook services, services that are provided by other members of the Facebook Pages and services by other companies that use Facebook services.

For more information on the privacy practices of Facebook, please visit Facebook Privacy Policy here: https://www.facebook.com/full_data_use_policy

“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

Children’s Privacy

The Service may contain content appropriate for children under the age of 13. As a parent, You should know that through the Service children under the age of 13 may participate in activities that involve the collection or use of Personal Data. We use reasonable efforts to ensure that before we collect any Personal Data from a child, the child’s parent receives notice of and consents to Our personal information practices.

We also may limit how We collect, use, and store some of the information of Users between 13 and 18 years old. In some cases, this means We will be unable to provide certain functionality of the Service to these Users. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

We ask Users to verify their date of birth before creating an Account with our Service. If the User is under the age of 18, the Service will be either blocked or redirected to a parental consent process.

Information Collected from Children Under the Age of 13

The Company may collect and store persistent identifiers such as cookies or IP addresses from Children without parental consent for the purpose of supporting the internal operation of the Service.

We may collect and store other Personal Data about children if this information is submitted by a child with prior parent consent or by the parent or guardian of the child.

For further details on the information We might collect, You can refer to the “Types of Data Collected” section of this Privacy & Data Collection Policy. We follow this  Privacy & Data Collection Policy for the disclosure of Personal Data collected from and about children.

Parental Access

A parent who has already given the Company permission to collect and use their child’s Personal Data can, at any time:

• Review or correct the child’s Personal Data
• Request all of the child’s Personal Data to be deleted from Our systems. Since the Personal Data collected is necessary for Us to provide our Service, this will mandate we close Your child’s Account with Us.

These can be accomplished in the GOLFTEC Clubhouse account for the child (accessible via the parent’s Account), or You can contact Us for assistance using the contact information provided at the end of this Privacy & Data Collection Policy.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review this Privacy & Data Collection Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Policy

We may update this Privacy & Data Collection Policy from time to time. We will notify You of any changes by posting the new Privacy & Data Collection Policy on this page.

We will let You know via email and/or a prominent notice on Our Service and update the “Last updated” date at the top of this Privacy & Data Collection Policy. If a revision is material We will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

You are advised to review this Privacy & Data Collection Policy periodically for any changes. Changes to this Privacy & Data Collection Policy are effective when they are posted on this page.

Contact Us

If You have any questions about this Privacy & Data Collection Policy, You can contact the GOLFTEC Privacy Office through one of the means below:

North American Toll Free 877.4.GOLFTEC (877.446.5383)

Global Headquarters 1.303.379.6668

Global Privacy Office Email privacy@golftec.com

You may also contact Us by postal mail at our Global Headquarters:

GOLFTEC Enterprises, LLC
Attn: Global Privacy Office
67 Inverness Drive East, Suite A
Englewood CO, 80112 USA