Effective January 1, 2023.
I. Types of Information Collected
Some of the information we collect is personal information, which generally means information that identifies you as an individual, and other information we associate with it. This may include a name, mailing address, e-mail address, telephone number and credit/debit card information (and related payment information).
We collect a few categories of information, from a few different sources:
A. Information You Provide: We receive information you provide to us when you:
- create an online or offline customer account, make a purchase or otherwise provide information to us for services we provide;
- complete order forms, such as for custom club fittings, other customized products or for product repairs;
- participate in customer research, surveys, sweepstakes or promotions that we might offer;
- subscribe for mail, email, text, or other communications from us;
- apply for a job; or
- otherwise communicate with us, including by email or through our call center.
If you provide us with information about any other individual, you represent that you have that person’s consent to give us their information to be used in accordance with this Policy.
B. Information We Receive From Third Parties: We may receive information you provide on behalf of third parties, or third parties provide on your behalf, including but not limited to gift recipients or other purchases. We may also receive information from sources assisting us with (i) updating, enhancing, improving and/or analyzing our records or data; (ii) performing marketing and research services; or (iii) detecting fraud or theft.
C. Information that is passively collected when you use our Sites: When you visit our Sites or interact with us through your device, we may collect "User Activity Information" through Cookies, Pixels or other similar technologies. "Cookies" are small text files sent to your web browser when you visit our Sites and saved on your device. "Pixels" (also known as web beacons or tags) are a common form of web technology used on our Sites to monitor visits to certain pages within, interactions with, and the effectiveness of, our Sites.
II. How We Use Your Information
- Fulfilling, delivering and communicating with you regarding orders for products or services, or other requests you may send us. Those who supply us with a telephone number will only receive telephone calls from us in connection with such orders or other requests.
- Processing payments, returns and other such transactions.
- Evaluating an application for employment.
- Administering surveys, sweepstakes, contests or promotions.
- Registering and servicing customer accounts.
- Providing customer service.
- Conducting research and analysis.
- Alerting you to product, service and promotional information, including product recalls.
- Helping us to improve and customize our products and services, Sites and Internet Marketing Channels.
- To advertise our products and services to you and those of our partners that we think may be of interest to you.
- Protecting the security and integrity of our Sites and business operations.
- As may otherwise be disclosed at the time of collection.
In doing so, we may:
- Combine certain personal information and non-personal information collected online and offline, including information collected from third parties;
- Retain the information as needed to provide you with products and services, comply with legal obligations, resolve disputes, and enforce agreements as necessary in our sole discretion;
- Process User Activity Information to associate you with your interactions on our Sites; including to recognize you and your preferences as you return to our Sites, tailor advertisements to you, and to provide other services to you. We may display targeted ads to you through internet marketing channels. These ads are sent to groups of people who may share common traits, such as likely commercial interests or demographics. For example, if you have expressed an interest in shopping for certain golf products, we may specifically market those golf products to you. In addition to such tailoring, we use User Activity Information to ensure that our online presence operates properly and efficiently for you and for your individual customer experience, to evaluate the use and benefit of such presence, and to support our Sites and internet marketing channels; and
- Use location information from your device in order to deliver marketing messages to you which may be more relevant to your general location. We may also use this data to track the effectiveness of local marketing campaigns.
User Activity Information is used to identify user preferences and session information, such as items added to a shopping cart, what pages were accessed or visited, identify additional pages or products that we think might be of interest to you when you return to our Sites, customize webpage content based on your browser type and connection and personalize your shopping experience. More specifically, User Activity Information we collect through these technologies can include internet protocol (IP) addresses, device characteristics (such as connection type, operating system, browser type, screen resolution), location information, user ID, and your interactions with our Sites, such as which webpages you visit, your keyword searches, and the products or product categories viewed. User activity information may also include information about your mobile device if it is being used to visit the Sites (such as device model, operating system, unique device identifiers, and mobile network information). In addition, while User Activity Information does not generally identify or relate to you as an individual, we may associate this type of information with you as an individual and/or determine your general location from this information.
III. How We Share Your Information
- With suppliers, service providers and other third party businesses that assist with our business operations, such as product manufacturers, shipping vendors, billing or other payment vendors, payment card processors, IT services, customer service, email delivery services, marketing and research vendors and various companies that work with us to improve or provide our products and services. While we are not involved in the day-to-day operations of such businesses and providers, our agreements generally obligate them to use reasonable methods to keep any personal information safe and secure, and not use such personal information for purposes other than providing their applicable services.
- To comply with applicable law or reasonable requests based upon governmental regulation, court order, subpoena or similar related action.
- As we deem necessary to protect the rights, property or safety of GolfWorks, our customers, employees or others, to prevent harm or loss, or in connection with an investigation or suspected or actual unlawful activity.
- To the extent permitted by law, User Activity Information that is passively collected when you use our Sites as described above may be shared with our online and email advertisers or other third-party vendors we use who may provide technologies on our Sites or other websites to manage and improve our online and email advertising campaigns.
- As may otherwise be disclosed at the time of collection.
- If you agreed to receive email from our marketing partners, we will share with them your email address and the information described above, so they can send you offers for products and services that may be of interest to you. We will only share your e-mail address if you have opted in by checking the box on the registration page. Additionally, each email our partners send you will include a description of the simple opt out process to enable you to stop receiving future e-mail.
IV. Your Choices Regarding Your Information
We provide customers with a number of choices regarding our collection, use and disclosure of personal information:
- If you do not want to receive e-mail from us in the future, please let us know. In addition, any marketing email we send you will include a simple opt out process to enable you to stop receiving future marketing e-mails from us.
- If you supply us with your postal address on-line you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know.
- Upon a verified request we can provide your account and transaction information (e.g., dates on which you made purchases, amounts and types of purchases).
- You can also have us update or otherwise correct inaccuracies with your contact information and other account information.
You can submit any of these requests to us via the contact information below (Section X).
V. Security and Data Retention
We use a variety of security measures to help protect personal information and transactions we process. Online customer accounts are password-protected with restricted access. While no company can guarantee the security of your information, we use a variety of security measures at our physical facilities and for online systems that are designed to protect against the loss, misuse or alteration of your information.
We apply a general rule of keeping personal information only for as long as required to fulfill the purposes for which it was collected including (i) to provide you with our products and services, such as to maintain account records while active and after termination for the purposes described above, and (ii) as reasonably as necessary for legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.
Our Sites are "general audience" websites and not directed toward children under the age of 13. We do not knowingly collect personal information from children under the age of 13. If you believe we have unauthorized information about a child under the age of 13, please let us know via the contact information below (Section X).
VIII. State-Specific Notices
- You may request a copy of the following: (1) the categories of personal information we collected about you; (2) the categories of sources from which the personal information is collected; (3) the business or commercial purpose for collecting or selling (if applicable) the personal information; (4) the categories of third parties with whom we shared personal information, and the categories of personal information shared; and (5) the specific pieces of your personal information that we have collected, used, disclosed, or sold.
You also have the right at any time to opt out of (i) selling or sharing of your personal information to third parties, and (ii) targeted advertising through third parties. We do not transfer your Personal Information to third parties in exchange for money but limited identifying information may be shared with certain third party advertising partners through targeting cookies for our targeted advertising purposes through targeting cookies on our Sites. Please visit "Your Privacy Choices" to opt-out of third party targeting cookies.
Privacy laws may provide you with other opt-out rights which are inapplicable to us. In particular, we do not engage in impactful profiling activities with respect to customers, and we do not collect, use or disclose sensitive personal information (such as government identification number, precise geolocation, financial account credentials, etc.) except for the specific purpose(s) that you provide it.
If we deny a privacy request, you may appeal the decision to us at the contact information provided below. To the extent possible, please describe the basis for your appeal and if there is any specific personal information that concern you.
B. Residents of California Only: This Section is provided specifically for California residents.
- Categories of information. In at least the past 12 months, we have collected the categories of personal information described above in this Policy, including: identifiers (such as name, email address, IP address); commercial information (such as purchase history); internet activity (such as pages visited, product searches); geolocation data (if your browser shares such information); and sensitive personal information (such as account credentials).
- Financial Incentives. We do not generally provide a loyalty program or other financial incentive in return for the collection or use of personal information. On some occasions we may engage in a limited-time marketing event, promotional offer or discount on fees that includes a registration or other collection of personal information, and we will disclose the benefits and terms of that promotion at the time of collection.
- Privacy rights requests for non-customers. California privacy rights apply to all individuals (not just customers of our Sites), including job applicants, current and former employees, contractors and business partners. Job applicants may provide contact information and resume-related information (e.g., past education and experience) as well as complete relevant background checks. Employees receive internal privacy disclosure relevant to them. Contractors and business partners provide business contact information and payment-related information as necessary to facilitate a prospective or actual business relation. Due to the nature of these relationships, the precise collection and use of personal information can vary. All such individuals who are California residents can request additional information about our privacy practices with respect to their information, as well as make the access, deletion, correction and opt-out requests described above, by submitting the form available here or by contacting us at 1-800-848-8358. Please provide sufficient information that we can identify you, and be aware that we may employ a more extensive authentication process to verify your identity before responding to your request. Please provide sufficient information that we can identify you, and be aware that we may employ a more extensive authentication process to verify your identity before responding to your request.
- Do Not Track. Do Not Track (DNT) is a privacy preference you can set in most browsers but there is no standard interpretation or practice for responding to DNT signals (see https://allaboutdnt.com/ for more information), and we therefore handle all user information consistent with this Notice. We do endeavor to support browser GPC signals as discussed above.
- Direct Marketing. We do not share personal information such as your contact information with third parties for their own direct marketing purposes unless you provide us with consent to do so.
C. For Nevada residents: We do not sell personal information as defined by Nevada law (Nevada Revised Statutes, Chapter 603A, Section 1.6). You can submit a request to us regarding the sale of such information via the contact information below (Section X).
IX. International Notices
This section is specifically intended for individuals residing outside of the United States ("US"). This includes residents of the European Economic Area ("EEA") including the European Union ("EU"), the United Kingdom ("UK"), Switzerland and other relevant jurisdictions with respect to privacy and data protection laws applicable to us.
A. Legitimate Bases for Processing: Where required by law, all processing of personal information (i.e., personal information) is justified by a legally-recognized basis for processing. In the majority of cases, processing will be justified on one or more of the following bases for processing: (i) The processing is necessary to perform a contract with you (such as if you make a purchase or subscribe to our email marketing); (ii) The processing is necessary for us to comply with a relevant legal obligation, such as keeping accounting records; (iii) The processing is in our legitimate interests, which are not overridden by your interests and fundamental rights. Our legitimate interests are to use customer and supplier data to reasonably and responsibly conduct and develop our business activities without abusing any privacy interests or rights of such individuals; and (iv) In some instances, we rely on your consent to our processing (at times as a secondary basis for processing in an abundance of caution).
B. Transfer of Personal Information: If you are in the EEA/EU, the UK, Switzerland or another jurisdiction that has imposed similar legal requirements regarding the lawful transfer of personal information from that jurisdiction to another country (e.g., the US), to the extent that we engage in such a transfer of your personal information (a "Cross-Border Transfer") we will take steps to ensure that such Cross-Border Transfer satisfies known legal requirements. In particular: If we transfer personal information to a jurisdiction deemed by relevant regulatory authorities to provide adequate protection for personal information, we will rely on such adequacy decision, as applicable, and will otherwise take steps to conduct the Cross-Border Transfer using other legally-valid mechanisms, such as by entering into data transfer agreements with standard contractual clauses ("SCCs") among our affiliates and with relevant service providers, in any necessary supplementary safeguards. We currently rely on SCCs for Cross-Border Transfers to the US, and are monitoring evolving laws and regulatory developments to assess if and when alternative or supplemental measures are available or necessary.
C. Exercising You Privacy Rights: Residents of certain jurisdictions are entitled to exercise certain rights under privacy laws applicable to their personal information. The rights described below are, for example, applicable to residents of the EEA/EU, Switzerland and UK. This includes the right to (a) request access to your personal information; (b) request that we correct inaccurate personal information we hold about you; (c) request that we delete any personal information we hold about you; (d) restrict or object (i.e., withdraw consent) to the processing of personal information we hold about you in some circumstances; and/or (e) receive any personal information we hold about you in a structured and commonly used format. You also have the right to lodge a complaint with your supervisory authority if the processing of your personal information infringes applicable law. Please contact us as provided below if you wish to exercise any of your rights, or if you have any inquiries or complaints regarding the processing of your personal information.
X. How to Contact Us
4820 Jacksontown Road
P.O. Box 3008
Newark, Ohio 43058-3008
If you feel that our Sites are not following its stated information policy, you may contact via the contact information above and/or notify the DMA's Committee on Ethical Business Practices at firstname.lastname@example.org, or your state or local chapter of the Better Business Bureau.