Software Privacy Policy

Last Updated: 5/12/2021

Your privacy is important to Full Swing and we take our responsibility of caring for your privacy seriously. This Privacy Policy explains how Full Swing (“FS”) collects, stores, uses and transfers or discloses your Information and applies to all Full Swing’s products and services (“Products”). This Privacy Policy supplements privacy disclosures provided with your software and hardware products from Full Swing, and from the manufacture of your computing devices (mobile or otherwise) on which you run the Products.

By downloading, accessing, using, playing and/or interacting with our Products, you agree to the collection and use of your Information in accordance with this Privacy Policy.

Scope of this Privacy Policy

This Privacy Policy applies to all Products, including:
• FS websites, hardware products, software products, and services;
• FS games and apps.

This Privacy Policy does not apply to third party websites, online properties, or systems to which our Products may link or through which our Products may be accessed. You accept FS is not responsible for the privacy or security practices of any such third party websites, products, properties, or systems. From time to time, we may direct you to a site, products, properties or systems operated by a third party partner or vendor. Even though the page where you provide Information may have the look and feel of the Products, a different privacy policy may govern that information collection by our vendor or partner.

This Privacy Policy does not cover Information provided when you apply for a job at FS.

Information We Collect and How We Use It

FS collects Information about you from you and other sources. As set out below in more detail, we use and in specific cases we combine that Information to operate, personalize, tailor content, improve and adjust our Products, and to send you messages or personalized information about our Products, our games, our hardware, our services, your scores and game data, new features, and more, including for marketing and promotional purposes.

Children’s Privacy Policy

FS does not knowingly collect or store any personal information from children under 13 in the US or under the relevant age threshold in other jurisdictions where the child is located. We may however, collect technical information required for delivering and operating our Products and services and for the support of our internal operations from all users of our Products. If parents believe that we have unintentionally collected their children’s other personal information or otherwise have used their children’s personal information for another purpose, we will promptly delete this information. We urge parents to instruct their children to never give out their real names, addresses, phone numbers, or other personal information or personally identifiable information without parental permission, when online.

Sharing Information

As set out below in more detail, FS shares Information:
• if required to do so by applicable law, regulation, or legal process;
• with partners and vendors engaged by FS to provide you with products, goods, or services you have requested or online advertising selected by FS;
• if necessary to exercise, establish, or defend our legal rights;
• if necessary to protect the rights, property or safety of any person;
• in connection with the sale or transfer of our assets or business.

Law
We will disclose your Information in the good faith belief we must do so by law. This includes but is not limited to disclosure to law enforcement or other officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or us to legal liability.

Partners and Vendors
Partners and Vendors provide products, goods, or services (for example, platform providers, media partners, survey providers, merchandise vendors, customer support or technical support services, billing software and services, information technology hardware and software) to support FS to develop, operate, and support the Products and to deliver marketing communications on our behalf. Partners and Vendors use your Information to execute, deliver, and improve the goods and services they provide. We do not share Information with Partners or Vendors to use for their own direct marketing purposes or any other purpose other than those set out in this section without your consent.

Legal Rights
We will disclose your Information where necessary for the purpose of exercising, establishing or defending our legal rights. For example, we will review your account information to investigate breach or alleged breach of any applicable Terms of Service or this Privacy Policy and disclose your personal information to our legal advisors, consultants and law enforcement or other officials.

Protecting Others
We disclose your Information with third parties where we believe this is necessary to protect the rights, property or safety of any person. For example, we will disclose Information relating to an online account if we in good faith believe the user of that account is using it in ways that could be harmful, or are harmful to others.

Sale or Transfer of our Assets or Business
In the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, your Information may be transferred or assigned to our successor.

Manage Your Data

FS provides several options for you to manage your account and your Information, the communications you receive from us, and how we use your Information. You can exercise your choices by updating your preferences at any time and managing the settings on your devices and from our Products.

Your Choices About Providing Your Information
If you do not want to provide FS with personal Information, then you can choose not to provide it. If you choose not to provide FS with personal Information, we may not be able to provide you with the Products or services you want. For example, without providing an email address, you cannot create a Full Swing Account.

Your Choices About FS Using Your Information
You can exercise choices over how FS uses your personal Information and update your preferences at any time, such as removing yourself from individual contests or marketing promotions, or from receiving marketing or newsletters from FS. If you opt-out of receiving marketing communications from us, please note that we may still contact you from time to time about the status of your account, such as to inform you that your account may be expiring, important security updates, or other service-related information.

Data Security

FS takes a range of security measures, all of which are designed to protect your Information. We take steps to ensure that your Information is protected from misuse and alteration. In addition, we request Vendors who process personal information on our behalf to themselves take a range of security measures designed to protect your Information.

However, complete online and offline security can never be guaranteed, so you should always take care when sharing your information online. The Internet by its nature is not a secure environment and the nature of security risks are constantly evolving, as are the technical industry standards relating to management of security risks. The complete security of any personal information collected, stored, or used by us or our Vendors cannot therefore be guaranteed.

Data Retention

We retain your Information while your account is active so that we may provide you with our Products. If you wish to cancel or delete your account, you can contact us using the Contact Us information provided within our Products and below in this Privacy Policy. If your account is inactive, we will maintain your account for a reasonable length of time for which we reasonably expect you could reengage with our Products. After such period, we will delete your Information, including your email address and log-in credentials, and you may no longer be able to access your account.
Due to technical reasons, residual copies of Information that has been removed from your account and/or the Products may remain in our backup systems for up to a year.

Your California Collection Notice and Privacy Rights

This section provides information for California residents. FS may require proof of California residency before responding to requests made under this section.

Categories of Information Collected

This section describes the types of Information that FS may collect, use, disclose and may sell. These categories of personal information are shared with third parties as described in detail in the Sharing Information section above.

Identifiers/Contact Information

• Identifiers and Contact or Registration Information, e.g., name, email address, postal address, phone number, account username or screen name; and third party account names
• Demographic Information, e.g., interests, hobbies, gender, age, etc.
• Commercial Information, e.g., delivery information and information about your transactions and purchases with us
• User-generated content, e.g., photos, videos, audio, any information you submit in forums, chat or message boards, and feedback or testimonials you provide about our Products and services
• Customer service information, e.g., questions and other messages you address to us directly through online forms, chat, by email, over the phone, or by mail; summaries or voice recordings of your interactions with customer service
• Device Information and Device Identifiers, e.g., IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers
• Connection and Usage Data, e.g., information about files you download, gameplay data, user data, domain names, landing pages, browsing activity, content or ads viewed and clicked, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information
• Geolocation, e.g., city, state and ZIP code associated with your IP address
• Other Information, e.g., any other information you choose to directly provide to us in connection with your use of the services, surveys we sent to you, or sweepstakes you may enter

Purposes of Use

• Perform the services, and personalizing your experience with our Products
• Facilitate purchases of FS Products or services
• Commercial purposes, such as facilitating purchases of FS Products or service, or sending newsletters, marketing, surveys, and to provide you with targeted advertising
• Interact with Technical Support & Customer Service
• Detect security incidents and secure our Products
• Undertaking activities to verify and maintain the quality of our Products and service, such as preventing online abuse, general misuse, and bad behavior

Sources of Personal Information

• You, both directly and through your use of the Products
• Our Partners and Vendors (for example, data analytics providers, information technology providers, advertisers, media partners or platform providers)
• Social Media and other third party accounts

California residents have the right to request, up to two times in a 12-month period, that we disclose the categories of your personal information we collect, use, and share. You may also request the specific pieces of personal information that we have collected from you. Please note that certain information may be exempt from such requests under California law.

California residents may also request that we delete personal information that we collected from you. If you ask us to delete it, you may no longer be able to access or use our Products. Certain information may be exempt from such requests under California law.

Disclosure to International Users Outside the US

FS, our Partners and our Vendors may collect, process, store, and transfer information about you in connection with the Products and services in the United States and other countries that may not have data protection laws equivalent to the country where you reside. No matter where your Information is located, we take commercially reasonable steps and apply appropriate safeguards when we transfer your information in accordance with this Privacy Policy.

When your information is in another country, it may be accessed by law enforcement, by the courts, and by national security authorities and other officials pursuant to the laws of that country. We use European Commission approved contract clauses to protect your personal information.
If you do not agree to the collection, processing, storage and transfer of your information, please do not provide your Information when requested and discontinue use of our Products, services, and websites.

Contact Us

To contact us, you can send us an email at [email protected], or write to us at: Full Swing Golf, Inc., 1905 Aston Ave #100, Carlsbad, CA 92008, ATTN: Privacy Policy Administrator. If you are located outside of the US, please indicate that in your email or letter.