Privacy Policy

Swing by Swing Golf, Inc. d.b.a. SwingU, (collectively, “Swing by Swing,” “SwingU,” “we” or “our”) value your privacy and are committed to protecting your personal information. We are providing this Privacy Policy (“Policy”) to inform you of our policies and procedures regarding the collection, use and disclosure of information related to our SwingU GPS and Scorecard Application, gottagolf Application, the Dr. Joe Parent Application, the Gary Gilchrist Golf Application, the Joe Hallett Application, the Plane Truth Application, the Stan Utley application, the Golf Guru Application, and any other app(s) under the Swing by Swing Golf, Inc. Apple or Google Play Developer Accounts (the “Services” or “Application”). By visiting our SwingU Golf or gottagolf websites (the “Sites”), or using the Application, you agree that your personal information will be handled as described in this Policy. Note that this Policy may be modified from time to time in our sole discretion, so check back frequently. We will notify you of any changes to the Policy by posting a new Policy and updating the “last modified” date at the bottom of this page.

This Privacy Policy applies to the www.swingbyswing.com, www.swingbyswinggolf.com, www.golf.swingbyswing.com, www.marketing.swingbyswing.com www.swingu.com, www.gottagolf.com, www.the19thhole.co, www.clubbygolf.com, www.gsagency.co websites and the SwingU Golf GPS and Scorecard Application, the gottaGolf Application, the Golf Tracer Application and the Clubby Golf Application.

We are committed to protecting your privacy and using any personal information you provide responsibly. We believe it is important for you to understand what information we collect from you, how it is used and who will have access to that information.

Also, please note that, unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Service. So, please make sure that you have read and understand our Terms of Service. 

We receive your information through our mobile applications, websites, email notifications, and other interactions with our Services. When using our Services you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.

INFORMATION WE COLLECT

We collect the following kinds of information: 

App Account and Profile Information: When you register with us through the Application or Sites to become a registered User, we will ask you for certain information about you that can be used to contact or identify you (“Personally Identifiable Information” or “PII”). PII may include, but is not limited to:

– Your first and last name

– Your email address and your desired password

– Your gender

– Your subscription preferences (whether and what types of information you would like us to send you)

If you create an App Account using your login credentials from one of your SNS Accounts, such as Twitter or Facebook, we’ll be able to access and collect certain information like your name, username, profile photograph and email address and other PII that your privacy settings on the SNS Account permit us to access. You may provide us with additional profile information, including a short biography, location, and profile photo. If you create your App Account by connecting through another SNS Account, we may use public information from that connected account to help complete your App profile. Some contact information may be required in order to use certain features on the Services. We may also collect certain information that is not PII because it cannot be used by itself to identify you.

Communications and Customer Service: We use your Personal Information to contact you with Swing by Swing newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “preferences” information in your account settings. We use your Personal Information to respond to your questions or inquiries.

Advertising: We allow third-party companies to collect certain information when you visit our web sites. These companies may utilize cookies, pixels or other technologies to collect and use non-personally identifiable information (e.g., hashed data, click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of greater interest to you. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit the websites of the Digital Advertising Alliance at: www.aboutads.info and Networking Advertising Initiative at http://www.networkadvertising.org/about-nai/about-nai.

Finding Friends and Connecting to Other Services: Our Service includes several features to help connect you to people you already know. For example, at your direction, we may access information from your address book or connect your App Account to your other SNS Account and access your PII and non-PII from the third party services or our Service in order to enable you to find, connect, and message friends.

Content, Following, and other Public Information: The App invites users to share User Content with the community, so the User Content you provide us is information that you choose to be made public. This includes not only the User Content that you post and metadata provided with such User Content (such as when it was posted, hashtags, and geotags), but also the people you follow or connect with, the Content that you like or comment on, and other public interactions on the Services. Your profile, including your name, username, photograph and any other information you provide on your profile, will also be accessed and viewed by the public in general. When you share information or User Content via the Service, you should exercise discretion and good judgment because the information and User Content may not be removed or deleted from the Service. 

Messaging Other Users: When you send or receive messages, we collect, process and store the content of those messages (including photos and videos) on our servers. The contents of those messages may also be stored on the devices of recipients. We cannot prevent others from making copies of your messages (e.g., by taking a screenshot). In addition, there may be ways to access messages while still in temporary storage on recipients’ devices or, forensically, even after they are deleted. You should not use the Service to send messages if you want to be certain that the recipient cannot keep a copy. Although messages between you and other users of the App are not made publicly available on the App, we reserve the right to review such messages in the event we believe (in our sole discretion) that you violated our Terms of Service. Notwithstanding the foregoing, when you send or receive messages via our Service, we collect information about these messages, including the time, date, sender and recipient of the message. We also collect information about the number of messages sent and received between you and your friends and which friends you exchange messages with most frequently.

Location Information: In addition to profile information, you may also tell us your exact location if you choose to enable your computer or mobile device to send us location information. We may use and store information about your location to provide features of our Service, such as tagging Content with a location, and to improve and customize the Service, for example, with Content that has been tagged near your location.

When searching for golf courses on our site or on our mobile application, your location information may be sent to our servers in order to provide you with the golf courses nearest you. Your location information may also be used for analytics purposes to help us understand where people are using our application.

We collect certain information from your mobile device, including but not limited to the following: Location Information that allows us to periodically determine your location, which may include your location relative to and within third party merchant locations.

We may collect this information even if you are not logged in to the Application.

For iOS: You should be able to adjust the settings on your iOS mobile device to prevent our collection of Location Information by disabling the location services feature on your device*.

For Android: You should be able to adjust your settings on your Android mobile device to prevent our collection of Location Information be disabling Bluetooth and Location*.

* Please Note: with location services disabled your GPS will probably not work and the Application will be unable to provide distances.

The following disclosure (or language that conveys the same information) is recommended for inclusion
in Publisher’s privacy policy, as further described in the Agreement, and subject to all terms of the
Agreement:

This mobile app may collect and pass to third parties precise geolocation information linked to your
mobile device or advertising identifiers and may do when you use the app or when the app runs in the
background on your device. That information may be used by third parties to customize ads in this app
or in other apps: for instance, if your device is often located at or near music venues, you might receive
offers for music tickets (even when you are not at a music venue). The information also may be used for
market or other research regarding aggregated traffic patterns: for instance, a company that analyzes
shopping trends might use the information to learn whether more or fewer devices are seen near malls or
in other shopping districts.

We automatically collect usage information that does not identify an individual user (“Usage Data”). For
example, when you download and use the Services on a mobile device, we automatically collect
information such as your device type, operating system version and type, certain device settings, device
time zone, device carrier, current IP address, and platform-specific advertising identifiers. We may also
collect precise location information, (such as your device GPS coordinates) or relative location
information (from WiFi signals or Bluetooth Low Energy devices in your proximity, for example), unless
you configure your device operating system settings to prevent our collection of location information. We
use this information to enhance the services we offer, provide targeted advertising, and to help us
understand how people use the Site and Services. Aggregated device data, including location and usage
data, is also measured for the purposes of targeted advertising and market research by X-Mode Social,
Inc. For further information, please see our Partners’ Privacy Policies.

If you do not want this information to be linked to your device, you may go to your device “settings”
(which are somewhat different for iOS and Android devices) and opt out of interest-based or personalized
advertising. You may also prevent location from being collected by this or other apps, through your
device settings (but this may affect the functionality of certain app features).

Our Trusted Partners:

Links: We may keep track of how you interact with links across our Service, including our email notifications and third-party services. We do this to help improve our Service, for example to provide relevant advertising, and to be able to share aggregate click statistics, such as how many times a particular link was clicked on.

Cookies and Other Tracking Technologies: We use various technologies to collect information and improve our Service, and this may include sending cookies to you. Cookies are small data files stored on your hard drive or in device memory, and we may use both session cookies and persistent cookies to identify that you’ve logged in to the Service and help us understand and customize how you interact with our Service, see which areas and features of our Service are popular and count visits. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged in to the Sites. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Sites. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to save your login information for future logins to the Service.

We may also include web beacons (also known as “tracking pixels”) on our Service, which are tiny graphics with a unique identifier, to deliver or communicate with cookies, to track and measure the performance of our Service, to monitor how many visitors view our Service, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s hard drive, web beacons are typically embedded invisibly on web pages (or in an e-mail). Most Internet browsers automatically accept cookies. If you do not want cookies from us or other websites, you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. However, some features of the Services may not function properly if you disable cookies. 

Log Information: Our servers automatically record information (“Log Data”) created by your use of the Services. Log Data may include information such as your IP address, pages visited and the time spent on those pages, search terms, and other statistics. We receive Log Data when you interact with our Service, for example, when you visit our Apps, sign into our Service, view Content hosted by us, or interact with our notifications. We use Log Data to provide, measure, customize, and improve the Services.

Device Information: We may collect information about the computer or device you use to access our Service, including the hardware model, operating system and version, MAC address, unique device identifier, phone number, International Mobile Equipment Identity (“IMEI”), signal strength relating to WiFi or Bluetooth, and mobile carrier.

Third-Parties: We use a variety of third-party services to help provide our Services and to help us understand the use of our Service, such as Google Analytics. These third-parties may collect information sent by the App or mobile device and share such information with us. These third parties may use tracking technologies, including, without limitation, cookies and web beacons to collect information about your use of the Service and other Apps, including your IP address, operating system, device ID, pages viewed, time spent on pages, links clicked and conversion information. This information may be used to, among other things, analyze and track data, determine the popularity of certain Content and better understand our users’ activity on the Service. Note that this Privacy Policy does not include use of cookies by such third parties. 

We partner with third parties that collect information across various channels, including offline and online, for purposes of delivering more relevant advertising and content to you. Our partner may place or recognize a cookie on your computer or device and we may share personal information with them if you have submitted such information to us, such as your email address. Our partners may link the personal information we share with them to the cookie stored on your browser or device, and they may collect information such as your IP address, browser or operating system type and version, and demographic or inferred-interest information. Our partners use this information to recognize you across different channels and platforms over time for advertising, analytics, attribution, and reporting purposes. For example, our partners may deliver and/or enable downstream delivery of an ad to you in your web browser based on a purchase you made in a physical retail store, or they may send a personalized marketing email to you based on the fact that you visited a particular website. To learn more about interest-based advertising in general and to opt-out, please visit https://www.youronlinechoices.com. 

To know more about Acxiom/LiveRamp advertising cookies and opting out: https://liveramp.com/opt_out/.

HOW WE USE YOUR INFORMATION

In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive from you to:

  • Create your account;
  • Help you efficiently access your information after you sign in;
  • Remember information so you will not have to re-enter it during your visit or the next time you visit the App;
  • Remember information so you can access all apps powered by the Service with the same login credentials;
  • To provide our Services to you, to communicate with you about your use of our Services and for other customer service purposes;
  • To provide information that you have requested to receive from us in response to your opt-in requests;
  • To tailor the content and information that we may send or display to you, and to otherwise personalize your experiences while using our Sites or our Services;
  • To improve our Sites and Services by providing personalized experiences, location customization, personalized help and instructions;
  • Provide, improve, test, and monitor the effectiveness of the Services;
  • Develop and test new or existing products and features on our own behalf or on the behalf of third parties;
  • Monitor and analyze trends, usage and activities in connection with the Services;
  • Diagnose or fix technology problems;
  • Automatically update the App on your device;
  • Run and administer contests, special offers or other events or activities;
  • Provide and deliver the products and services you request, process transactions and send you related information;
  • Respond to your comments, questions and requests and provide customer service;
  • Send you technical notices, updates, security alerts and support and administrative messages;
  • Communicate with you about products, services, offers, promotions, rewards, and events offered by Swing by Swing or others, and provide news and information we think will be of interest to you; 
  • Detect, investigate and/or prevent fraudulent, unauthorized or illegal activity; and
  • Carry out any other purpose for which the information was collected.
  • For marketing and advertising purposes; for example, we may use your information to display targeted advertisements to you on our Sites and to assist us in advertising our Services on third party websites;
  • To send you email, news and newsletters, special offers, and promotions;
  • To better understand how users access and use our Sites and Service, both on an aggregated and individualized basis;
  • User posted content may be reused by us to aggregate data about a particular activity or location and include it in consolidated formats;
  • Provide you with information when you enter participating local venues.

Swing by Swing is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Service or otherwise providing information to us, you consent to the storage, processing and transfer of information in and to the U.S. and other countries. You acknowledge that we may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Please review the “Privacy Shield” section below for further information related to data transfers from the European Union (“EU”).

HOW WE SHARE YOUR INFORMATION

We will not share your PII with third parties outside Swing by Swing without your consent, except as noted in this Privacy Policy.

Parties With Whom We May Share Your Information:

We may share your User Content and your PII with our affiliates.  Affiliates may use this information to help provide, understand, and improve the Service and Affiliates’ own services (including, without limitation, by providing you with better and more relevant experiences). 

We may share your PII with third-party organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms. 

We may share certain anonymized information with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. 

We may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling and other similar purposes. 

We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

Any information and User Content that you voluntarily post to the Service is made publicly available and may be shared and re-shared by others. When you share information or User Content via the Service, you should think carefully about what you are making public. Please think of your own privacy needs as you choose what to upload, share, and make public on the Service. We cannot control the privacy or security of information and Content once you make it public or share it with others. 

Any Content that you make public is searchable by other users and subject to use under our API. 

If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other users or third parties using our API have copied or saved that information.

Information Disclosed in Connection with Business Transactions: Information that we collect from our users, including PII, is considered to be a business asset. Thus, if Swing by Swing sells or otherwise transfers part or the whole of their respective business or their respective assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your PII, Content and any other information collected through the Service may be among the items sold or transferred. You will continue to own your User Content. 

Law and Harm: Notwithstanding anything to the contrary in this Privacy Policy, we may preserve or disclose your information, including your PII, if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information. We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. Finally, we may disclose your information to enforce or apply our Terms of Service and other agreements.

YOUR CHOICES

We offer you choices regarding the collection, use and sharing of your PII and we’ll respect the choices you make. Please note that if you decide not to provide us with the PII that we request, you may not be able to access all of the features of the Services.

Opt-Out: We may periodically send you free newsletters and e-mails that directly promote Swing by Swing and its affiliates, the App, and/or our Service (including, without limitation, other apps powered by Swing by Swing). When you receive such promotional communications from us, you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive. We do need to send you certain communications regarding the Service and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Service or this Privacy Policy. 

MODIFYING YOUR PERSONAL INFORMATION

If you are a registered user of the App, we provide you with tools and account settings to access or modify the profile information you provided to us and associated with your App Account.

You can also permanently delete your App account by contacting us at support@swingbyswing.com.

OTHER WEBSITES, APPS AND SERVICES

We are not responsible for the practices employed by any websites, apps or services linked to or viewed from our Services, including the information or content contained within them. Please remember that when you access another website, app or service from the App, our Privacy Policy does not apply to those third-party websites, apps or services. Your browsing and interaction on any third-party website, app or service, including those that have a link or can otherwise be viewed on the App, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access, share, and/or distribute your User Content. If you are using a third-party website, app or service and you allow them to access, share, and/or distribute your Content you do so at your own risk.  Our Website includes social media features, such as “sharing” functions on Facebook, Instagram, and Twitter. Your interactions with these features are governed by the privacy policies of the companies providing these features, and we do not control and are not responsible for the privacy practices of, or the data available on, the websites of third parties.

THE SECURITY OF YOUR INFORMATION

We take commercially reasonable measures to protect the information that we collect from or about you (including your personal information) from unauthorized access, use or disclosure. However, no method of digital transmission, or method of digital storage, is 100% secure. Accordingly, we cannot ensure the security of any information you transmit through the Service or guarantee that information on the Service may not be inappropriately accessed, disclosed, altered, or destroyed.

OUR POLICY TOWARDS CHILDREN

Our Service is not directed to persons under 13. If you become aware that your child has provided us with personal information without your consent, please contact us. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.

YOUR CALIFORNIA PRIVACY RIGHTS

California residents may request and obtain from us, once a year, free of charge, a list of third parties, if any, to which we disclosed their PII for direct marketing purposes during the preceding calendar year and the categories of PII shared with those third parties. If you are a California resident and wish to obtain that information, please submit your request by sending us an email at support@swingbyswing.com with “California Privacy Rights” in the subject line or by writing to us at Swing by Swing Golf, Inc. 80 Statehouse Square #158 Hartford, CT 06123.

For EU Individuals: Privacy Shield Notice for Personal Data Transfers to the United States 

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Swing by Swing is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.

Pursuant to the Privacy Shield Frameworks, EU individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States.  Upon request, we will provide you with access to the personal information that we hold about you.  You may also may correct, amend, or delete the personal information we hold about you.  An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query Swing by Swing’s Privacy Administrator at charles@swingu.com.  If requested to remove data, we will respond within a reasonable timeframe.

We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized.  To request to limit the use and disclosure of your personal information, please submit a written request to charles@swingu.com.

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Swing by Swing’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Swing by Swing remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Swing by Swing proves that it is not responsible for the event giving rise to the damage.

Swing by Swing complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Swing by Swing Golf, Inc. has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

In compliance with the Privacy Shield Principles, Swing by Swing commits to resolve complaints about your privacy and our collection or use of your personal information. European Union individuals with inquiries or complaints regarding this Privacy Statement should first contact Swing by Swing’s Privacy Administrator at:

charles@swingu.com

Swing by Swing has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms.  See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction

CHANGES TO THIS PRIVACY POLICY

Any information that is collected via our Service is covered by the Privacy Policy in effect at the time such information is collected. We may revise this Privacy Policy from time to time. If we make changes to this Privacy Policy, we’ll notify you of those changes by posting them on the Service or by sending you an email or other notification. We encourage you to review the Privacy Policy whenever you access the Service to stay informed about our information practices and the ways you can help protect your privacy. By continuing to access or use the Service after those changes become effective, you agree to be bound by the revised Privacy Policy.  If you have any questions regarding this Privacy Policy, please contact us at support@swingbyswing.com.

 

[Updated: Nov. 7, 2018]