Effective April 15, 2022
2. Scope of this Policy
3. Who We Are
4. How to Contact Us
EB Golf Media LLC
Attn: Data Privacy Officer
6 East 43rd Street
New York, NY 10017
Data Rights Inquiries: Submit a Privacy Update Request form by visiting HERE or call 1-800-876-7726
5. The Categories and Sources of Personal Data We Collect
”Personal Data” is data relating to identified or identifiable individuals and households (“Personal Data”). The Personal Data that we collect, and how we collect it, depends on how you interact with us. For example, if you are one of our customers, we may collect different types of data compared to data we may collect from one of our visitors.
A. Categories of Personal Data We Process
The categories of Personal Data we collect and use include (these are examples that may be subject to change):
|Contact Data||Information such as your name; address; email address; telephone number; or account login details.|
|Biographical Data||Information such as your gender or age range.|
|Location Data||Information about your general location, which we may obtain from your IP address, or from your social media tags/posts.|
|Device/Network Data||Information such as your browsing history, search history, and information regarding your interaction with our Sites or advertisements (e.g. IP Address, MAC Address, SSIDs or other device identifiers or persistent identifiers), online user ID, or device characteristics.|
|Commercial Data||Information such as your purchase history, details of products that we have sold to you, or product returns.|
|Inference Data||Personal Data used to create a profile about you reflecting your preferences (such as the products you seem to prefer based on use of our Sites or your purchases), as well as your characteristics, likes, interests, and other data or analytics provided about you by social media companies or data aggregators.|
|Billing and Financial Data||Information such as bank account details, payment card information, annual income, and information from credit reference agencies, including similar data defined in Cal. Civ Code § 1798.80(e).|
|Audio/Visual Data||Photos, videos, recordings and images collected from audio files and records, such as voice mails, call recordings, and the like.|
|User Data||Information such as unstructured/free-form data that may include any category of Personal Data, e.g. data that you give us in free text fields, Personal Data you provide when you complete forms on our Services (such as if you subscribe to Golf Magazine) or answers you provide when you participate in surveys.|
B. The Sources of Personal Data We Collect From You
We collect Personal Data from various sources, which vary depending on the context in which we process that Personal Data:
1. As a Customer:
|When you create a Golf.com account||We may collect, or ask you to provide, your Contact Data, some Biographical Data, Location Data, Device/Network Data, Commercial Data, Billing and Financial Data, and other relevant information, as well as your communication preferences;|
|When you purchase Golf.com products or services, or return products||We may collect, or ask you to provide, your Contact Data, Billing and Financial Data, Location Data, Commercial Data, and other relevant information;|
|When you register for the Golf.com newsletter or subscribe to the Website||We may collect, or ask you to provide, your Contact Data and other relevant information, including User Data, as well as your communication preferences;|
|When you interact with Golf.com||We may collect the Personal Data you provide to us at your own initiative, such as Contact Data and User Data, and any Personal Data we need to help resolve your query if, for example, you contact our customer service. If you call our customer service, your call may be recorded.|
2. As a Website Visitor:
C. Your Obligations
We expect that the Personal Data that you communicate to us are correct and that, if your Personal Data requires updating, you will promptly inform us.
D. Personal Data We Collect From Third Parties
In some circumstances, we may receive Personal Data about you from (i) individuals who provide to us your Personal Data (e.g., your family members and friends); or (ii) social media companies, data aggregators, advertising and marketing providers, or other companies providing services to us.
Some of these third party sources may include publicly available sources of information. For example, we may receive Personal Data from social networks when you engage with our content, reference our Sites or Services, or grant us permission to access information from the social networks.
In addition, we may collect, either directly or through third party service providers, information that is publicly available on the Internet (e.g. from websites, blogs, social media). Certain partners, social media companies, and third parties operating on our behalf create and infer Personal Data such as Inference Data or “Aggregate Data” based on our observations or analysis of other Personal Data processed under this Policy, and we may correlate this data with other data we process about you.
We may combine any Personal Data about you that we receive from you, from other companies within 8AM Companies, and from third parties.
Our Website is not intended for children under 18 years of age. We do not knowingly collect personal information from an individual under age 18. If You are under the age of 18, please do not submit any personal information through the Website. If You have reason to believe that We may have accidentally received personal information from an individual under age 18, please contact us immediately by submitting a Privacy Update Request form by visiting HERE or calling us at 1-800-876-7726.
6. How We Use Your Personal Data
We generally process your Personal Data: (i) to fulfill our obligations under a contract with you, or to take steps prior to entering into a contract with you, (ii) to comply with a legal obligation, (iii) when it is in our legitimate business interest to use your Personal Data, or (iv) based on your consent. Our legitimate interests include operating, evaluating and improving our Services and business; preventing and protecting us and others against fraud, unauthorized transactions, claims and other liabilities; and ensuring compliance with company policies and industry standards.
Our use of your Personal Data depends on who you are and how you interact with us. When you use our Services, we process your Personal Data in specific contexts and for certain specified purposes, as well as for our general business purposes and, in some cases, for commercial purposes.
Below is a list of the ways that we use your Personal Data and the reasons we rely on to do so.
A. How We Collect Personal Data
We collect and process Personal Data in several contexts when you use our Services, including:
i. When you make a purchase or other transaction
We generally process, Billing and Financial Data, Commercial Data, and Contact Data when you engage in a purchase and sale transaction, whether through our Services, over the phone, or in person through Offline Services. We process this Personal Data as necessary to perform or initiate a contract with you, process your order, and carry out fulfillment-related processing. In addition, we may also collect or create Device/Network Data and Inference Data. This data, together with other data we collect in this context is used in connection with legitimate business interests, such as ensuring the security of our Services, preventing fraud, providing information about our Services, contacting you about administrative matters, and responding to queries, complaints, or correspondence you send us. We may also use this Commercial Data, Contact Data, and Device/Network Data collected in this context for our Commercial Purposes.
ii. When you access or use our Services
Some Services may process Location Data (subject to your consent if required). We use this data, together with Inference Data and Device/Network Data, to provide directions and contextual information to you, and other features that require the use of location. Note, Location Data and Biographical Data may be required in order for you to use certain features of our Services. We may also process Contact Data, and User Data if you interact with or identify us on social media platforms.
We may also use Device/Network Data, Location Data, Inference Data and Contact Data collected in this context for Commercial Purposes.
iii. Cookies and other tracking technologies
· for “essential” or “functional” purposes, such as to enable certain features of our Services (for example, to allow a customer to maintain a basket when they are shopping at an online store);
· for “analytics” purposes, such as to analyze the traffic to and usage of our Services (for example, how many people have looked at a page, how visitors move around the Sites, what website they visited prior to visiting our Sites, and use this information to understand user behaviors and improve the design and functionality of the Sites);
· for “retargeting” or similar advertising or commercial purposes:
· for social media integration e.g. via third-party social media cookies, or when you share information using a social media sharing button or “like” button on our Services or you link your account or engage with our content on or through a social networking website such as Facebook or Twitter;
· to collect information about your preferences and demographics to help target advertisements which are more likely to be of interest to you using behavioral advertising; and
· to allow us to carry out retargeting (this includes, for example, when advertisements are presented to you for products or services which you have previously looked at on our Sites but have not purchased).
The use of these technologies by third parties may be subject to their own privacy policies.
We may also use your Device/Network Data, Inference Data and Contact Data collected in this context for Business Purposes and Commercial Purposes.
iv. When you enter a contest or other promotion
We may collect and process Contact Data, Biographical Data, and User Data as necessary to process your request to enter a contest or promotion, notify you if you have won, deliver a prize or for related purposes. In addition, we may process this information to verify your identity for authentication and security purposes, and helping us to prevent fraud. If you win a contest/sweepstakes, we may publicly post some of your data on our Website (such as on a winners’ page). Unless prohibited by law, we may use this Contact Data, and User Data information for Commercial Purposes.
v. When you contact us or submit information to us
We may collect and process Biographical Data, Contact Data, and any Audio/Visual data or User Data you provide as necessary to address your request, fulfill the business purpose for which that information was provided, or for other related purposes, including but not limited to communicating with you on behalf of the AM GOLF Collection of Brands and any other Golf.com entities. Additionally where you consent, if relevant to your request, or if otherwise permitted by law, we may send you marketing communications as described further below, and use this information for Commercial Purposes.
vi. Feedback and Surveys
We may process Contact Data, Inference Data, and User Data collected in connection with customer surveys or questionnaires. We generally process this Personal Data as necessary to respond to customer requests/concerns, and create aggregate analytics regarding customer satisfaction. We may store and analyze feedback for our purposes, for example, to personalize the Services, and help recommend relevant offers or services. We may also use the Contact Data, Inference Data, and User Data collected in this context for Business Purposes and Commercial Purposes.
B. How We Process Personal Data for Business Purposes
We and our service providers process Personal Data we hold for numerous business purposes, depending on the context of collection, your rights and choices, and our legitimate business interests. For example, we generally process Personal Data in connection with:
i. Service Provision and Contractual Obligations
We process any Personal Data as is necessary to provide our Services, to provide you with the products you purchase, to authenticate users, and as otherwise necessary to fulfill our contractual obligations to you. Additionally, we may use Personal Data as necessary to audit compliance, and log or measure aspects of service delivery (e.g. to document ad impressions).
ii. Internal Processing and Service Improvement
We may use Personal Data for improving our Services, understanding how our Services are used, for customer service purposes, in connection with logs and metadata relating to service use, and for debugging, and similar purposes.
iii. Security and Incident Detection
We may process Personal Data to improve the security of our Services, to identify and prevent crime, and prevent fraud. We may analyze network traffic, device patterns and characteristics, maintain and analyze logs and process similar Personal Data in connection with our information security activities.
iv. Compliance, Health, Safety, and Public Interest
We may also process any Personal Data as necessary to comply with our legal obligations, such as where you exercise your rights under data protection law and make requests, for the establishment and defense of legal claims, or where we must comply with our legal obligations, lawful requests from government or law enforcement officials, and as may be required to meet national security or law enforcement requirements or prevent illegal activity. We may also process data to protect the vital interests of individuals, or on certain public interest grounds, each to the extent allowed under applicable law.
v. Aggregated data
We process Personal Data about our customers and users in order to identify trends, such as to create aggregated and anonymized data about buying and spending habits, use of our Services, and other similar information (“Aggregated Data”). We may pass Aggregated Data to certain third parties to give them a better understanding of our business and to improve our Services. Aggregated Data will not contain information from which you may be personally identified.
We may personalize or customize aspects of the Services based on your interactions with our content. This processing may involve the creation and use of Inference Data relating to your preferences.
C. How We Process Personal Data for Commercial Purposes
We and certain third parties process Personal Data we hold for certain commercial purposes, depending on the context of collection and your rights and choices, including:
i. Personalization & Consumer Profiles
We use Consumer Profiles for market research and in connection with the improvement of our Services. For example, we may analyze the Personal Data of people who have made a purchase for a particular item in the past and compare them with other people in our database. If we identify people in the database who have similar Personal Data to the previous customers, we may then target marketing via emails to the new people.
ii. Marketing Communications
We may send you marketing and promotional communications if you sign up for such communications or purchase products from us. We may also send you these communications if you register for our Services or for a promotion, or in connection with your communications with or submission of User Data to us. These communications may be personalized based on your user profile. We may also collect Device/Network Data and Contact Data so that we can determine whether you have opened an email or interacted with our communications, and we may generate Inference Data based on these interactions. We may also process this Personal Data for targeted advertising.
iii. Targeted Advertising
We and certain third parties operating on or through our Services, may engage in targeted advertising. We generally use targeted advertising for the purpose of marketing our Services, to send marketing communications, including by creating custom marketing audiences on third-party websites (such as Facebook) or targeting users with advertisements on other websites.
iv. Data Sales
For purposes of the California Consumer Privacy Act, we do not sell your Personal Data.
7. Sharing and Transferring Your Personal Data
We may disclose your Personal Data to:
- The 8AM Companies and to other Golf.com entities;
- third party service providers, such as companies providing us shipping and delivery services, telecommunication services, payment services, and others;
- a third party in the event that Golf.com sells all or part of its assets to such third party or merges with or is acquired by the third party;
- any applicable regulatory, statutory, governmental or other relevant authorities, agencies or bodies and industry regulators, and any other person to whom Golf.com is compelled, required or permitted to do so by law, rules or regulations, legal process or litigation; or
- any person pursuant to any order of a court of competent jurisdiction or comparable legal process.
8. How Long We Retain Your Personal Data
9. What Are Your Rights & Choices Regarding Your Personal Data
You may have certain rights and choices regarding the Personal Data we process. Please note these rights may vary based on the country or state where you reside, and our obligations under applicable law.
i. Marketing Communications
You can withdraw your consent to receive marketing communications by clicking on the unsubscribe link in an email or by submitting a Privacy Update Request form by visiting HERE.
ii. Withdrawing Your Consent/Opt-Out
Where we are processing your Personal Data based on your consent, you may change your mind and withdraw your consent at any time. The consequence of you withdrawing consent might be that we cannot perform certain Services for you.
iii. Location Preferences
You may control or limit Location Data that we collect through our Services by changing your preferences in your device’s location services preferences menu.
10. How We Protect Your Personal Data
While we endeavor to protect our systems, sites, operations and information against unauthorized access, use, modification and disclosure, we cannot guarantee that any information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others.
11. Third Party Websites & Mobile Applications
We are not responsible for the privacy policies, content or security of any linked third party websites or mobile applications. We recommend that you check the privacy and security policies of each and every website and mobile application that you visit.
13. Additional Rights: Nevada
The Nevada Revised Statutes (NRS 603A.300 et seq.) permit a Nevada consumer to direct an operator of an Internet website or online service to refrain from making any sale of any covered information the operator has collected or will collect about that consumer. You may submit a request pursuant to this directive by submitting a Privacy Update Request form by visiting HERE. We will provide further information about how we verify the authenticity of the request and your identity.
14. Additional Rights & Disclosures: California
A. Your California Privacy Rights
Under the California Consumer Privacy Act (“CCPA”) and other California laws, California residents may have the following rights, subject to your submission of an appropriately verified request. While we do not “sell” your personal information in the traditional and common understanding of selling or providing information in exchange for monetary compensation, California has defined ‘sell’ much more broadly to mean sharing Your information to any third party under circumstances where We may derive some benefit. Accordingly, the following incorporate this much broader definition of the word “sell”:
|Right to Know||You may request any of following, for the 12 month period preceding your request: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties to whom we have sold your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you. The process for exercising that right is described below.|
|Right to Delete||You have the right to delete certain Personal Data that we hold about you, subject to exceptions under applicable law. The process for exercising that right is described below.|
|Right to Non-Discrimination||You have the right to not to receive discriminatory treatment as a result of your exercise of rights conferred by the CCPA.|
|Direct Marketing||You may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year.|
|Exercising Your Right to Access, Delete, or Opt-Out of Sale||If we “sell” of data (as defined by applicable law), you may direct us to stop selling your data to third parties for commercial purposes. To exercise this right to opt out, or your right to access or delete your information, you may call us at 1-800-876-7726. You may also submit a Privacy Update Request form by visiting HERE. We do not have actual knowledge that We sell the personal information of minors under 16 years of age.|
|Minors’||To the extent we have actual knowledge that we collect or maintain personal information of a minor under age 16, those minors between the age of 13 and 16 must opt in to any sales of personal information (as defined under CCPA), and minors under the age of 13 must have a parent consent to sales of personal information (as defined under CCPA); all minors have the right to opt-out later at any time.|
|Minors’ User Content||Individuals under the age of 18 in California have the right to delete posts on our Services by submitting a Privacy Update Request form by visiting HERE. We cannot guarantee comprehensive removal of content posted through the Services.|
B. Submission of Requests
You may submit requests by submitting a Privacy Update Request form by visiting HERE.
C. Verification of Requests
All rights requests must be verified. We may require that you provide the email address we have on file for you (and verify that you can access that email account) as well as other data we have on file, in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
D. Data Processing
i. Categories of Personal Data Disclosed for Business Purposes
For purposes of the CCPA, we may disclose to Service Providers for “business purposes” the following categories of Personal Data: Biographical Data, Contact Data, Location Data, Device/Network Data, Commercial Data, Inference Data, Billing and Financial Data, Audio/Visual Data, and User Data.
ii. Categories of Personal Data sold
While we do not “sell” your Personal Data in the traditional understanding of obtaining monetary compensation, for purposes of the CCPA, sharing of that information with other entities may constitute a “sale”, and we may share your information with the 8AM Companies, or with our business partners
If you are a California Resident, you have the right to opt out of data sales. If we have engaged in any sales of your Personal Information, you may do so by submitting a Privacy Update Request form by visiting HERE or by calling us at 1-800-876-7726. You may be required to validate your identity to ensure your request is not fraudulent.
iii. Right to Know
|Category of Data||Context||Category of Sources||Business Purposes||Commercial Purposes||Category of Recipients|
|Contact Data||When you make a purchase or other transactionWhen you access or use our ServicesCookies and other tracking technologiesWhen you enter a contest or other promotionWhen you contact us or submit information to us Feedback and surveys||From you; individuals who provide to us your Contact Data; social media companies, data aggregators, or other companies providing services to us; third party service providers||Service Provision and Contractual Obligations; Internal Processing and Service Improvement; Security and Incident Detection; Compliance, health, safety, public interest; Aggregated data; Personalization||Personalization & Consumer Profiles; Marketing Communications; Targeted advertising||8AM GOLF and other Golf.com entities; Third party service providers; A third party in the event that Golf.com sells all or part of its assets to such third party or merges with or is acquired by the third party any person to whom Golf.com is compelled, required, or permitted to do so by law, rules or regulations, legal process or litigation; any person pursuant to any order of a court of competent jurisdiction or comparable legal process.|
|Biographical Data||When you access or use our ServicesWhen you enter a contest or other promotionWhen you contact us or submit information to us||From you; individuals who provide to us your Contact Data; social media companies, data aggregators, or other companies providing services to us; third party service providers||Service Provision and Contractual Obligations; Internal Processing and Service Improvement; Security and Incident Detection; Compliance, health, safety, public interest; Aggregated data; Personalization||Personalization & Consumer Profiles; Marketing Communications; Targeted advertising||8AM GOLF and other Golf.com entities; Third party service providers; A third party in the event that Golf.com sells all or part of its assets to such third party or merges with or is acquired by the third party any person to whom Golf.com is compelled, required, or permitted to do so by law, rules or regulations, legal process or litigation; any person pursuant to any order of a court of competent jurisdiction or comparable legal process.|
|Location Data||When you access or use our Services||From you; individuals who provide to us your Contact Data; social media companies, data aggregators, or other companies providing services to us; third party service providers||Service Provision and Contractual Obligations; Internal Processing and Service Improvement; Security and Incident Detection; Compliance, health, safety, public interest; Aggregated data; Personalization||Personalization & Consumer Profiles; Marketing Communications; Targeted advertising||8AM GOLF and other Golf.com entities; Third party service providers; A third party in the event that Golf.com sells all or part of its assets to such third party or merges with or is acquired by the third party any person to whom Golf.com is compelled, required, or permitted to do so by law, rules or regulations, legal process or litigation; any person pursuant to any order of a court of competent jurisdiction or comparable legal process.|
|Device/ Network Data||When you make a purchase or other transaction When you access or use our Services Cookies and other tracking technologies||Personalization & Consumer Profiles; Marketing Communications; Targeted advertising|
|Commercial Data||When you make a purchase or other transaction||Personalization & Consumer Profiles; Marketing Communications; Targeted advertising|
|Inference Data||When you make a purchase or other transactionWhen you access or use our ServicesCookies and other tracking technologiesFeedback and surveys||Personalization & Consumer Profiles; Marketing Communications; Targeted advertising|
|Billing and Financial Data||When you make a purchase or other transaction||Personalization & Consumer Profiles; Marketing Communications; Targeted advertising|
|Audio/Visual Data||When you contact us or submit information to us||Personalization & Consumer Profiles; Marketing Communications; Targeted advertising|
|User Data||When you access or use our ServicesWhen you enter a contest or other promotionWhen you contact us or submit information to us Feedback and surveys||Personalization & Consumer Profiles; Marketing Communications; Targeted advertising|