SkyGolf Privacy Policy

Effective: May 23, 2018

IMPORTANT NOTICE

Since 1998, SkyGolf has been dedicated to helping golfers improve their game by offering innovative technologies enabling them to play better golf through better information.  Our mission is to grow the game and help golfers play better, smarter, faster and have more fun. That mission covers all of our products and services, and extends to our online community, our websites, mobile applications, and connected products and services (which together we call the "Services").

As part of our mission to you, we are committed to protecting the privacy of the information you provide to us. All of the information we collect about you is strictly used to process your orders, secure and maintain your course and performance storage data, supply to you the best products and services possible, and provide a convenient, personalized shopping and product use experience. SkyGolf does not disclose the information it collects with outside parties, except in compliance with this policy, including those areas requiring your consent, and only where we believe, in good faith, it is reasonably necessary to comply with governmental authorities and laws, enforce or apply the terms of any of our user agreements, or provide you with the products and services you buy.

This Privacy Policy is meant to help you understand what information SkyGolf, SkyHawke Technologies, LLC, SkyHawke Technologies, UK, Ltd., their affiliates, and their global brands (which together we call “SkyGolf” Policy) collect, why we collect it and what we do with it. This policy applies to all of SkyGolf’s Services, which include the Services of SkyCaddie, SkyGolf 360, SkyPro, the SkyGolf Store, and SkyTrak.  We encourage you to read this Privacy Policy as well as our other Terms and Conditions (which we call our "Terms").

BY USING THE SERVICES, YOU CONSENT TO THE COLLECTION, USE AND TRANSFER OF YOUR PERSONAL DATA FOR PROCESSING IN THE UNITED STATES AS DESCRIBED IN THIS PRIVACY POLICY. END USERS FROM THE EUROPEAN ECONOMIC AREA ARE ENCOURAGED TO ALSO READ THE EUROPEAN ECONOMIC AREA ADDITION TO THIS PRIVACY POLICY
 
SkyGolf, and all associated Services and systems, including registration, is housed on servers in the United States. If you are located outside of the United States, please be aware that information we collect (including cookies and device data) will be processed and stored in the United States, a jurisdiction in which the data protection and privacy laws and principles, including your data subject rights, may not offer the same level of protection as those in the country/region where you reside or are a citizen. By using our Services and providing information to us, you consent to the transfer to and processing of the information in the United States and, unless otherwise stated in this Privacy Policy, we use this consent as the legal ground for that data transfer.

Please read this Privacy Policy carefully, as your access to and use of the Services signifies that you have read, understand and agree to all terms within this Privacy Policy. If you do not agree with any part of this Privacy Policy or our Terms of Conditions or End User License Agreements, please do not access or continue to use any of the Services or otherwise submit your Personal Data. Without your consent to SkyGolf’s use of your Personal Data, SkyGolf is unable to provide to you many, and maybe all, of our Services.
 
Note to Residents of the European Union: In order to comply with the requirements of the European General Data Protection Regulation (“GDPR”) for our European consumers and users, this Privacy Policy is supplemented by the European Economic Area Addition (“EEA” Addition), which forms a part of this Privacy Policy.  This Privacy Policy, together with the EEA Addition, outline the legal basis on which we process your Personal Data and provide other information required by the GDPR.

Who We Are

We are SkyHawke Technologies, LLC (which most people know by our tradename SkyGolf), as well as our family of affiliated companies, which includes SkyHawke Technologies, UK, Ltd., (which together we call "SkyGolf," "we," "us," or "our). In addition to our branded products, like SkyCaddie, SkyPro and SkyTrak, we provide Internet and mobile app-based services including, for example, the apps listed below (which we call the "Mobile Apps"):

• SkyGolf 360 App
• SkyCaddie Mobile Golf GPS App
• SkyPro Swing Trainer App
• SkyTrak App
   

Information about Your Personal Data

This Privacy Policy relates to data about you, your devices, and your interaction with our Services.

"Personal Data" is information that can be used to identify you, directly or indirectly, alone or together with other information. This includes things such as your full name, email address, phone number, precise location, device IDs, certain cookie and network identifiers, and data about where and when you play golf.

SkyGolf collects, uses, discloses and processes Personal Data as outlined in this Privacy Policy, including to operate and improve the Services and our business; for advertising and marketing; and to provide you with innovative golf improvement services, as we further describe in this Privacy Policy.

We may create de-identified or anonymous data from Personal Data by excluding data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you, through obfuscation, or through other means. Our use of anonymized and de-identified data is not subject to this Privacy Policy.

How We Collect Personal Data

We collect your Personal Data in a number of ways, including:

1. When you register for an account or interact with our Services. We collect Personal Data when you use or interact with our Services, including when you setup an account with us, browse our products online, make purchases from us (including processing of payment), register, update or transfer connected products like a SkyCaddie, SkyPro or SkyTrak, upload scores and golf performance data, download course maps, and when you interact in our social community, SkyGolf 360, including when you communicate with others, or post, upload or store content (such as golf scores, golf performance data, golf equipment preferences, photos, and golf playing experiences). This Personal Data may include name, address, phone number, username and password, email address, IP address, month and year of birth, gender, security questions, golf handicap, payment information and Location Data. "Location Data" means either approximate location, including the location on a golf course at which you are either presently playing or have played in the past.
2. When you upload scores, golf performance data and other content, like photos. We collect your golf scores and golf performance data that you upload, such as your golf scores, golf performance data and photos
3. When you use or interact with a wearable or other connected device, like the SkyCaddie, SkyPro or SkyTrak. When you use a wearable or connected device or product, we may also collect certain information about the device or product such as electronic serial number (ESN), Bluetooth or other similar IP address, or other device or purchase related information.
4. When you use a connected device, like SkyCaddie, to play golf. We may collect precise Location Data as part of the functionality of our Services, such as to provide precise GPS Location Data in connection with your playing a round of golf and to collect and store your golf round data, such as scores, shot locations and other golf performance data. This Location Data must necessarily track you as you play golf as part of the functionality of the Services.  We may collect precise Location Data either in real time through use of a SkyCaddie mobile app or when you upload your scores and round data, such as through SkyGolf 360.
5. When you communicate with us. We collect Personal Data when you communicate with us, including your name, address, phone number, product ESN, and other similar information necessary to provide the assistance for which you communicated with us.
6. When you engage with our online communities or advertising. We may collect your Personal Data when you engage with our online communities, like SkyGolf 360. This includes when you click on advertisements, interact with our social media pages, submit content, leave reviews, or otherwise enter information into comment fields, blogs, message boards, events, and other community forums sponsored by or affiliated with SkyGolf. This includes when you upload your golf scores, round data and other golf performance data. Please note that our community forums are public, so we recommend that you exercise care in deciding what information and content you wish to disclose.
7. When you access third party products and services. We may allow you to register and pay for third-party products and services or otherwise interact with another website, mobile application, or Internet location (which together we call "Third Party Sites") through our Services, and we may collect Personal Data that you share with Third Party Sites through our Services.
8. When you connect with us through social media. We may now, or in the future, enable you to log into, or sign on to the Services through various social media or social networking services, such as Facebook, WeChat, or Twitter (which together we call "Social Networking Service" or "SNS). When you connect using your SNS accounts, we may collect Personal Data that you have provided to that SNS. For example, when you log in with your Facebook credentials, we may collect Personal Data from your Facebook profile that is permitted under Facebook's Terms of Use - such as your email address, profile picture, and friend list. We use this data to provide, enhance, and personalize the Services (e.g., to help connect you with or suggest friends within our Services). If you do not want to provide us with this data, you need to adjust the privacy settings on your SNS account.
9. When we collect data from third parties or publicly-available sources. We may obtain certain data about you from third party sources to help us provide and improve the Services and for marketing and advertising. We may combine your Personal Data with data we obtain from our Services, other users, or third parties to enhance your experience and improve the Services, such as providing you with a single point of sign on for our Services and/or building an account dashboard letting you understand how to access and control all the Services you use from a single page.
10. When we leverage and/or collect cookies, device IDs, Location Data from the environment, and other tracking technologies. We may collect certain Personal Data using cookies and other technologies such as web beacons, device IDs, advertising IDs, geolocation, HTML5 local storage, Flash cookies, and IP addresses. We specifically use browser cookies for different purposes, including cookies that are strictly necessary for functionality and cookies that are used for personalization, performance/analytics, and advertising.
11. When we aggregate or centralize data. We may aggregate and centralize Personal Data for purposes of analytics, innovation, and to provide enhanced services to our customers and end-users, as well as to provide useful or interesting information to our SkyGolf members, such as the total number of shots all our members have scored.
12. When we link you to friends across platforms. Some of our Services consist of social sharing and communication with others. We use your Personal Data to enable sharing as described in the Service, including to enable you to find and link to friends.
13. When we comply with legal obligations or investigations.

How We Use This Information

SkyGolf is able to deliver, personalize, and improve our Services by combining and using the information we have about you (including information we receive on and off our Services) to deliver the most comprehensive game improvement service in golf and to understand how you use and interact with our Services and the people or things you’re connected to and interested in. The Services provided by SkyGolf necessarily involves collecting, analyzing and storing Personal Data, including, most prominently, data about your golf game, golf rounds, and golfing experiences, including when and where you play golf. SkyGolf is primarily in the business of providing precise GPS-derived geolocation data to you, capturing your rounds of golf with unmatched accuracy. Without using the Personal Data we collect, SkyGolf is unable to provide most, if not all, of the Services to you.  In addition to the foregoing, we also may use the information we have about you for the following purposes:

• To create your account, enable your activity within our Services, and to provide the Services generally, including to develop, enhance, and improve our Services and your experience.
• To use Data collected by connected devices, like the SkyCaddie, SkyPro and SkyTrak, to provide the Services, including storage of your scores and analysis of your golf performance for your future use and retrieval.
• To maintain your account, principally (i) to remain qualified for access to Services, such as SkyGolf professionally mapped golf course maps as well as third party provided services like SkyTrak-enabled golf courses, (ii) to remain qualified for access to product updates, like device software and golf course map updates, and (iii) to determine eligibility for SkyGolf membership Services and product warranties.
• To maintain security of connected devices, like the SkyCaddie and SkyTrak, enable device transfer, and maintenance of a “white list” of authorized devices.
• To initiate, fulfill and complete product and Service purchases, including processing payments through SkyGolf’s merchant banks and other third party payment processing centers.
• To tailor features, products, advertising, and Services to your interests, your SkyGolf devices, and your SkyGolf membership Plan status.
• To respond to your requests for technical support, online Services, product information or to any other communication you initiate, and to address your requests, inquiries, and complaints.
• To communicate with you about SkyGolf products or Services you have purchased or used, including notifying you of product updates, technical issues and new or additional SkyGolf member benefits.
• To provide you with promotional messages and personalized advertising, notify you of other products and Services, notify you of contests, challenges, sweepstakes, and other promotions ("Promotions"), notify you of Services we think may be of interest to you, and, for other marketing purposes.
• To analyze your content and other information (including scores, round data, golf performance information, posts, photos, and other communications).
• To maintain, improve, and develop relevant features, content, and Services.
• To perform certain research, analytics, innovation, testing, monitoring, customer communication, risk management, and administrative purposes for internal use.
• To match and serve targeted advertising based on your device purchases and activities, SkyGolf Membership Plan status, and use of the SkyGolf Services.
• To associate your activity across our Services and your different devices as well as associate any accounts you may use across our Services together, in which event we may associate activity and accounts under a single user ID.
• To provide location-based Services, search results, and other content that are necessary or inherent with the use of our Services, such as SkyCaddie products.
• To combine information we have about you with information we obtain from business partners or other companies, such as your activities on other sites and apps.
• To detect and defend against fraudulent, abusive, or unlawful activity.

Special Note about Payment Information.

Website Purchases. For electronic purchases you make on our website, a secured third-party financial services company will request and manage your payment and personal identifying information to authorize billing charges to be posted to your credit card account.  Except for customers who subscribe to an annual SkyCaddie Membership Plan, SkyGolf does not capture or retain your electronic payment information, such as credit card account information. For all electronic merchandise purchases from our web site, SkyGolf temporarily retains the credit card data and personal identification information in a highly secured, encrypted electronic format only long enough to authorize your credit card to be charged using a secure third party financial services company, and your order processed. For those customers who subscribe to an annual SkyCaddie Membership Plan and are located in the U.S. or other jurisdictions that permit automatic renewals, we do retain certain portions of your electronic payment data for use only for subscription renewal purposes, and only in an off-line, highly secured, encrypted, machine readable only (non-readable by human eyes) format or with a secured, third party financial services company who receives and manages your credit card number and other personal identifying information only to verify the credit card number and process transactions.

Non-Website Purchases. For non-electronic purchases you make via facsimile or telephone, and you provide us your credit card data and personal identifying information to authorize billing charges to be posted to your credit card account, SkyHawke temporarily retains the credit card data and personal identification information only long enough to authorize your credit card to be charged using a secure third party financial service company, and your order processed.  While SkyHawke has this information in its possession, your payment and personal identification information is carefully secured so that only authorized SkyHawke personnel have access to and use of this information.  Immediately after processing your order, your payment and personal identification information is securely purged and is not retained by SkyHawke.

How We Share Personal Data

All of the information we collect about you is strictly used to process your orders, store, secure and maintain your performance data, supply to you the best products and services possible, and provide a convenient, personalized shopping and product use experience. We do not sell, license or share information that individually identifies our customers with companies, organizations or individuals outside of SkyGolf, unless one of the following circumstances applies:

1. With your consent. We will share information with companies, organizations or individuals outside of SkyGolf when we have your consent.
2. With Vendors. We may provide certain user information with vendors where essential and only to the extent necessary to provide, improve, and personalize the Services or products you buy from SkyGolf, such as shippers like UPS or FedEx, product repair facilities that receive products you have purchased for repairs, and other vendors that perform services on behalf of SkyGolf.
3. With Third Party Service Providers. We may share certain information about you with third party service providers from whom you purchase products through SkyGolf’s website and where you have opted for those services and then only to the extent needed for such providers to deliver the services purchased.
4. With Other SkyGolf Members or Your Friends. Subject to your privacy settings, we may share user information with other SkyGolf members in the context of specific Services that are social in nature, such as SkyGolf 360, where you have consented to such social-based products. In these cases and subject to your privacy settings, we may disclose golf performance data, golf round data, and social data because the service being provided is one of social interaction. You may, however, adjust your sharing settings as described below. Additionally, any information you post or disclose in our community forums is public, unless you have changed your sharing settings.
5. With Advertising, Analytics and Business Partners (Limited to Non-Personally Identifiable Information).  We may share aggregated or pseudonymous information (including demographic information) with partners, such as publishers, advertisers, measurement analytics, apps, or other companies. For example, we may tell an advertiser how its ads performed or report how many people installed an app after seeing a promotion or we may tell an analytics company how SkyGolf members responded to a promotion or email program. We do not share information that personally identifies you (personally identifiable information is information like name or email address) with these partners. When you use third-party apps, websites or other products integrated with our Services, they may collect information about your activities subject to their own terms and privacy policies. Other companies' use of cookies and other data collection technologies are subject to their own privacy policies, not this one.  Like many companies, we may allow cookie matching with select partners. But, these parties are not authorized to access SkyGolf cookies.
6. With Legal Authorities or Other Similar Persons. We may share user information with law enforcement, government or regulatory bodies, lawful authorities, or other authorized third parties in order to comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation, to protect and defend our rights and property, or the rights or safety of third parties, to enforce our Terms of Use, End User License Agreements, this Privacy Policy, or agreements with third parties, or for crime-prevention purposes.
7. With Third Parties in Connection with a Sale. We may share user information with prospective or actual purchasers, investors, or successor entities in connection with a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale, or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction, pursuant to assurances of sufficient data handling practices and safeguards.

Note for Residents of the European Economic Area. Our sharing of information is limited to situations where we are permitted to do so under applicable European and national data protection laws and regulations.

Legal Basis for Processing

This section addresses the legal basis for processing your data if you reside outside the United States (within the United States, you typically provide consent when you receive notice of this Privacy Policy in a website link or mobile app). Some processing is addressed in multiple sections because more than one legal basis may apply depending on the circumstances or service.

For the purposes of the GDPR, SkyHawke Technologies, UK, Ltd is the controller in the European Economic Area of the Personal Data you provide to us ("Data Controller"). As a Data Controller, we process the Personal Data we maintain about you in accordance with this Privacy Policy.
 
Note for Residents of the European Economic Area: For more information on the Legal Basis for processing see the EEA Addition.

We collect and process your Personal Data for a variety of purposes outlined in this Privacy Policy. In certain cases, separate consent is not required, including:

1. For the performance of a contract. To perform our contractual obligations to you, including account registration, fulfilling orders or purchases you have made (including processing of payment), contacting you in relation   to any issues with your order, in relation to the provision of the Services, including when you use or interact with a wearable or other connected device and in relation to location-based Services (including to provide you geographically relevant Services), to connect you with friends across platforms, when you upload Data such as golf scores and other golf performance data, share content or achievements, or invite friends, where we need to provide your Personal Data to companies or ventures that are owned or controlled by SkyGolf and to our service providers, where we need to collect Personal Data from third party sources and when you access third party products and services, where we collect data from third parties or publicly-available sources, or to aggregate and centralize data for the performance of the Services.
2. To meet legal obligations. To comply with laws, regulations, court orders, or other legal obligations or to assist in the investigation of suspected illegal or wrongful activity, including sharing information with other entities for fraud, loss, and crime prevention purposes, as well as to protect and defend our rights and property, or the rights or safety of third parties.
3. For Legitimate Interests. To operate our business and provide the Services for SkyGolf’s "legitimate interests" - except where overridden by the interests or fundamental rights and freedoms that require protection of Personal Data.

Consent as a Basis for Processing. In some cases, we will ask for your consent to process your Personal Data. You may indicate your consent in a number of ways, including, as permitted by law, ticking a box (or equivalent action) to indicate your consent when (i) providing us with your Personal Data through our Services or a form (including enrolling in Promotions); or (ii) registering or creating an account with us. Due to different countries' laws governing consent for the collection and use of Personal Data, the requirements for consent will differ across regions.

Managing Preferences and Withdrawing Consent

Where consent is specifically required under applicable law for processing your Personal Data and you have given consent, you may at any time withdraw your consent with future effect and without affecting the lawfulness of processing of your Personal Data based on the consent you provided before you withdrew it. You should know, however, that most of the Services provided by SkyGolf, including its SkyCaddie products and its SkyGolf 360 community, necessarily and inherently require processing of your Personal Data for their normal, intended functionality.  Thus, if withdraw your consent to the processing of Personal Data, you agree that SkyGolf is absolved from any further responsibility to provide you with those Services for which such processing is necessary in the performance of the Services, even if you have an agreement with SkyGolf to provide to you those Services.

You can adjust your SkyGolf 360 social sharing settings to control what Personal Data you share and with whom you share it. We encourage you to adjust the sharing settings to best meet your objectives and sharing comfort level. At SkyGolf we are continually improving our social community to bring you golf’s best connected community, and so we encourage you to frequently review your settings.

Transfers of Your Personal Data to Other Countries

The Personal Data SkyGolf processes, and all associated Services and systems, including registration, is housed on servers in the United States. If you are located outside of the United States, please be aware that Personal Data we collect will be processed and stored in the United States (the data protection and privacy laws in the United States may offer a lower level of protections than in your country/region).

By using our Services and submitting your Personal Data, you agree to the transfer, storage, and/or processing of your Personal Data in the United States. Where and as required, we will seek your explicit consent as outlined in this Privacy Policy.

Cookies

We use cookies to help us with website functionality and to improve your user experience. You may view our Cookie Policy here.

Security

We implement appropriate technical and organizational safeguards to protect against unauthorized or unlawful processing of Personal Data and against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data. Please be advised, however, that we cannot fully eliminate security risks associated with the storage and transmission of Personal Data.

Links to Other Websites. Please note that this Privacy Policy does not apply to the practices of companies that we do not own or control or to people that we do not employ or manage. Our Services may provide a link or otherwise provide access to Third Party Sites. We provide these links merely for your convenience. We have no control over, do not review, and are not responsible for Third Party Sites, their content, or any goods or services available through the Third Party Sites. Our Privacy Policy does not apply to Third Party Sites, and any data you provide to Third Party Sites, you provide at your own risk. We encourage you to review the privacy policies of any Third Party Sites that you interact with.

Children

We do not knowingly collect Personal Data online from children under 13 (note that the minimum age may vary based on country/region, and on local law). If you become aware that a child has provided us with Personal Data without parental consent, please contact us through our customer support. If we become aware that a child under 13 has provided us with Personal Data without parental consent, we will take steps to remove the data and cancel the child's account.

How to Contact Us

If you have any questions, comments, or concerns about how we handle your Personal Data, then you may contact us through our online customer service at www.skygolf.com. If you reside in the European Economic Area, you will also find additional contact information for the Data Protection Officer in the European Economic Area Addition.

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