PERFORMANCE GOLF PRIVACY POLICY

Privacy Policy as of July 9, 2024

1. Introduction and Scope of Policy:

This Online Privacy Policy (“Policy”) applies to your interaction with Black Fish Media, LLC and Performance Golf or any of its subsidiaries, managers, members or employees (collectively “Performance Golf”, “we,” “us,” “our”), through any online or mobile application that we own and control (“Site”), unless a different online and/or mobile policy is posted at a particular site, or is made available to you and by its terms supplants this Policy. Performance Golf has a strong commitment to providing excellent service to all our clients and visitors, including respecting your concerns about privacy. We have created this Policy to demonstrate our firm and continuing commitment to the privacy of personal information provided by those visiting and interacting with any Site controlled by Performance Golf. We understand that you might wonder whether and how this Site collects and uses information that you provide to us. This Policy contains numerous general and technical details about the steps we take to respect your privacy concerns so you can make an informed decision before using this Site and providing us with your personal information. Please note that where we have another type of presence on a Site owned by a third party, such as a page or handle on a social media site, that third party’s privacy policy and terms of use, rather than this Policy, will govern, unless specifically stated otherwise. In instituting these policies, it is our intent to comply with the Privacy Act of 1974, 5 U.S.C. § 552a (2012).

2. Agreement to Policy:

By using our Site or interacting with a Performance Golf advertisement, page, or account on a third-party site, you consent to this Policy, including your consent to our use and disclosure of information about you in the manner described in this Policy. We reserve the right to modify this Policy at any time without notice, but the most current version of the Policy will always be available to you by clicking on this Site link. Accordingly, please consult the Privacy Policy page of this Site prior to every use so you are familiar with any changes of our Policy. If you find our Privacy Policy unacceptable at any time, you may discontinue use of this Site.

3. Information and data collection:

A. WHAT INFORMATION DO WE COLLECT?

When you visit our Site, you may provide us with two types of information: (1) personal information that you knowingly choose to disclose that is collected on an individual basis, and (2) website use information collected on an aggregate basis as you and others browse our Site(s).

I. PERSONAL INFORMATION YOU CHOOSE TO PROVIDE:

Registration Information: When you register for any of our products, services, or newsletters, you will provide us with information about yourself.

Credit Card Information: If you choose to use/purchase our products or services, you may need to provide personal information and authorization to obtain information from various credit services. For example, you may need to provide the following information:

-Name
-Mailing address
-Email address
-Credit card number
-Credit card security code
-Name on credit card
-Credit card billing address
-Phone number

Email Information: If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.

Disclaimer: The laws applicable to personal information vary from country to country. The information we process, and store, is kept in accordance with the applicable United States legal requirements, which may not be as comprehensive as the data protection laws found in other countries, such as those in the European Union.

II. WEB SITE USE INFORMATION:

Like other commercial websites, our Site(s) utilize a standard technology called “cookies” (see explanation below– “What Are Cookies?”) and webserver log files to collect information about how our Site is used. Information gathered through cookies and webserver logs may include the date and time of visits, the pages viewed, time spent at our Site, and the websites visited just before and after your visit to our Site.

B. HOW DO WE USE THE PERSONAL INFORMATION WHICH YOU PROVIDE?

Broadly speaking, we use personal information for the purposes of administering our business activities, providing the products and services you request, processing your payment, servicing your needs, and communicating with you. We also use such information to monitor the use of our Site, services, marketing, and promotional efforts, including tracking Site usage such as number of hits, pages visited, and the length of user sessions to evaluate the usefulness of our Site and to improve and customize our Site’s content, layout, product, and service offerings, and to market or personalize the presentation of our products and services to you. Additionally, we use the information for other purposes allowed by law such as legal compliance, risk control, information security, and anti-fraud purposes. Website use information may be shared with others on an aggregate basis.

Occasionally, we may also use the information we collect to notify you about important changes to our Site, new services, and special offers we think you will find valuable, including e-mailing our newsletter to you. You may notify us at any time if you do not wish to receive these offers by emailing us at the link provided on our newsletter.

To provide advertisements and content that are more relevant to you, we and our advertising and content providers, our instructors and coaches, and expert contributors may collect certain types of Personal Information when you use our Products (such as, by way of example, your email, the IP address of your device, the identifier on your mobile device, or cookies stored on your device). If you would like to opt out from this use, please see our opt out policy below.

Your personally identifiable information or business information may also be shared with third parties as required by law.

If we decide to disclose Personal Information to additional categories of parties, we will update this Privacy Policy.

C. WHAT ARE COOKIES?

Cookies are small files which are stored on a user’s computer. They are designed to hold a modest amount of data specific to a particular client and website, and can be accessed either by the webserver or the client computer. This allows the server to deliver a page tailored to a particular user, or the page itself can contain some script which is aware of the data in the cookie, and which is then able to carry information from one visit to the website (or related site) to the next.

D. HOW DO WE USE INFORMATION WE COLLECT FROM COOKIES?

As you visit and browse our Site, the Site uses cookies to differentiate you from other users. In some cases, we also use cookies to prevent you from having to log in more than necessary for security purposes. Cookies, in conjunction with our webserver, log files which allow us to calculate the aggregate number of people visiting our Site and determine which parts of the Site are most popular. This helps us gather feedback to constantly improve our Site and better serve our clients and customers. Cookies do not allow us to gather any personal information about you and we do not intentionally store any personal information that your browser provides to us in your cookies.

E. WHAT ARE IP ADDRESSES AND HOW ARE THEY USED?

Internet Protocol (IP) addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by servers on the network to identify your computer. When you access a page from our site, your IP address is automatically collected and logged by our webserver as part of demographic and profile data known as traffic data so that data (such as the web pages you request) can be sent to you.

Your IP address may be used as described in Section B above to provide advertisements and content that are more relevant to you, to help diagnose problems that affect the integrity of our computer systems, and/or as compelled by law.

F. DO WE SHARE OR SELL YOUR PERSONAL INFORMATION?

To provide advertisements and content that are more relevant to you, we and our advertising and content providers, our instructors and coaches, and expert contributors may collect certain types of Personal Information when you use our Products (such as, by way of example, your email, the IP address of your device, the identifier on your mobile device, or cookies stored on your device). Performance Golf may share your personal information (name, email, phone number) with trusted third-party partners for co-registration purposes. This allows you to receive communications from us and selected partners. We do not sell your personal information without your explicit consent. If you would like to opt out from this use, please see our opt out policy below.

If Performance Golf (or a substantial portion of its assets) and/or this Site is sold or transferred to another entity or individual, your information would be considered part of our assets and/or this Site and may therefore be sold and/or transferred to that purchaser or transferee.

G. HOW CAN YOU ACCESS YOUR PERSONAL INFORMATION?

You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing us at the address below.

H. CAN WE BE LEGALLY COMPELLED TO DISCLOSE YOUR INFORMATION?

We may disclose information when legally compelled to do so. In other words, we may disclose your personal information when we are required to do so by court order or subpoena, or when we, in good faith, believe that the law requires it or for the protection of our legal rights. We may also disclose your personal information when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be violating our Terms of Service, violating the law, or to protect the safety of our users and the public.

I. DOES OUR PRIVACY POLICY APPLY TO OTHER WEBSITES LINKED TO OUR SITE?

NO. Other sites which are linked to our Site are offered for your convenience only. When you use a link to go from our Site to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those linked to our Site, are subject to the privacy rules and policies of those other websites. If you decide to access a third-party Site you should check those respective privacy policies, as they may differ from ours. By linking to such third-party Site, your IP address, cookies, or any other information you disclose once connected to that Site may be used in a manner other than as provided in our Policy. We are not responsible for the practices employed by websites linked to, or from, our Site, the information or content contained on those websites, the privacy policies of those third-party websites, or the use of your personal information or cookies by those websites.

J. Advertising. We partner with third party ad networks to either display advertising on our Web site or to manage our advertising on other sites. We use remarketing and display advertising across multiple networks including, but not limited to, Google. Our ad network partners and other third-party vendors, including Google, use cookies to collect non-personally identifiable information about your activities on this and other Web sites to provide you targeted advertising based upon your interests on sites across the internet.

We may target ads based on data provided by clients or partners in combination with the data we collect ourselves. The data provided by third parties may originate both online and offline. Performance Golf may share the aggregate information it collects with advertisers, business partners, sponsors, and other third parties. Our advertising partners including but not limited to Google, also place persistent cookies on your device when you visit our website or our Advertisers’ websites to help us recognize you and serve relevant advertisements to you when you visit their website or online service or websites in their networks.

K. Email Marketing. Performance Golf maintains several lists of subscribers who have asked to receive periodic email updates. Any recipient of a Performance Golf email may unsubscribe from future messages via a link at the bottom of each email message. Messages sent from Performance Golf to email subscribers may include a tracking pixel to provide basic aggregate analytics such as the percentage of recipients who opened an email or clicked on a link in an email, the percentage of subscribers using various email clients, and the number of times an email was forwarded or printed. Our email analytics providers, also offer the capability to view some data, such as whether a mass email was opened at an individual level for 30 days after an email was sent; as a matter of policy and practice this data is only viewed on an aggregate basis.

L. Links. When you follow a link to an external site, you are leaving Performance Golf and our partner sites and are subject to the privacy and security policies of the owners/sponsors of the external site. Performance Golf and our partner sites do not control or guarantee the accuracy, relevance, timeliness, or completeness of information contained in a linked site. We also do not endorse the organizations or individuals maintaining sites that we link, any views they express, or any products/services they offer.

Below is the current list of official Performance Golf pages on third party websites.

4. SECURITY OF OUR SERVERS:

Please note that your information will be stored and processed on our computers and/or servers in the United States. The laws on holding personal data in the United States may be less stringent than the laws of your country of residence or citizenship. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

5. CHOICE TO OPT-IN AND OPT-OUT:

This Site allows visitors to unsubscribe so that they will not receive future messages. After unsubscribing we will discontinue sending the particular messages from which you unsubscribed as soon as technically feasible. To opt-out you may send an e-mail to the address below or to the opt-out e-mail address in any newsletter or e-mail sent to you by Performance Golf.

6. SURVEYS AND CONTESTS:

From time-to-time our Site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, and age). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and user satisfaction of the Site.

7. CHILDREN’S ONLINE PRIVACY PROTECTION ACT:

No one under thirteen (13) years of age is permitted to access this Site for any reason. We will therefore not knowingly collect or use personal information from anyone under 13 years of age in accordance with 16 CFR Part 312, Children’s Online Privacy Protection Act of 1998, 15 U.S.C. 6501–6505. If you are aware that we have unknowingly collected data in violation of this provision, please contact us immediately and any such inadvertently collected information will be removed. For more information about the Children’s Online Privacy Protection Act (COPPA), visit the FTC website: www.ftc.gov

8. HOW TO CONTACT US: If you have any questions about our Policy or privacy concerns, please send an e-mail to: support@performancegolf.com.