Last Updated and Effective: July 11, 2024
This is the Privacy Policy (“Policy”) of Ace Golf Technologies, LLC, DBA SmartPin, a Minnesota limited liability company (collectively, “we,” “us,” “our”, or “SmartPin”). This Policy is here to help you understand how we collect, process, and share your Personal Information (as defined below). We also describe our security practices with respect to your Personal Information, as well as your rights and choices with respect to how we process that Personal Information. Please read this Policy carefully.
This Policy applies to our website, https://smartpingolf.com (the “Site”), mobile app (“App”), and any other website, application, or service where we post or link to this Policy as well as offline services where we collect Personal Information from you (collectively, our “Services”).
This Policy does not apply to information processed by third parties, for example, when you visit a thirdparty website or interact with third-party sites, except to the extent those parties collect or process information on our behalf. Please review any relevant third party’s privacy policy for information regarding their privacy practices
Your use of our Services indicates your acknowledgment of the notices provided in this Policy.
The controller of your Personal Information under this Policy is Ace Golf Technologies, LLC. You may contact our Data Privacy Team as follows:
General Inquiries and Data Updates: privacy@smartpingolf.com
In order to provide our Services, we may collect and process information that relates to identified or identifiable individuals (“Personal Information”). We collect and process the following categories of Personal Information (note, specific Personal Information elements are examples and may change):
We collect Personal Information from various sources based on the context in which the Personal Information will be processed:
We process Identity Data, Inference Data, Device/Network Data, and Contact Data when you register and create an account on our App or prior to playing a Game. We may also process Payment Data if you associate payment information with that account. We use this Personal Information to create and maintain your account, to provide the products and services you request, send you transactional communications relating to our Services, to send Marketing Communications, and for our Business Purposes and Commercial Purposes.
We process Audio/Visual Data, Identity Data, Device/Network Data, Transaction Data, and Payment Data when you sign up to participate and play a SmartPin game (“Game”) or create a video recording associated with your entry (“Highlight Video”). We may process Precise Location Data with your consent where required by law.
We use this Personal Information to facilitate the Game, including to track when you hit a shot, record, track, and locate your shot, locate you on a course, and to create a Highlight Video (defined below). We may also use this Personal Information for our Business Purposes, and we may use the Highlight Video and related Audio/Visual Data in our Marketing Content. Please note: we may require you to provide Precise Location Data to the extent required by law to ensure that users are in a location where the use of our Service is allowed by law.
When you use our services, we may automatically collect and process Identity Data, Inference Data, General Location Data, and Device/Network Data. We use this data as necessary to initiate or fulfill your requests for certain features or functions through our Service, such as operating our App, delivering webpages, logging activities for security purposes, etc. We may also process this Personal Information for our Business Purposes (as defined below).
We process Identity Data, Device/Network Data, Contact Data, Inference Data, Transaction Data, and General Location Data in connection with our use of cookies and similar technologies on our Service. We may collect this data automatically.
We and authorized third parties may use cookies and similar technologies to process such data for the following purposes:
We may also process this Personal Information for our Business Purposes. See the your “Rights and Choices” section below for information regarding opt-out rights for cookies and similar technologies.
Please note, in some cases, third parties may view, edit, or set their own cookies or place web beacons on our Service. We, or third party providers, may be able to use these technologies to identify you across Service, devices, sites, and services. Third parties have their own privacy policies and their processing is not subject to this Policy.
When you contact us though the App using a contact phone number, contact us box, or via email, to learn about our Services, or ask for support, we process Personal Information such as Identity Data, Device/Network Data, and any Personal Information contained within any User Content. We may also collect Audio Data if you contact us via phone and/or leave a voicemail. We use Identity Data, Contact Data, User Content, and Audio Data as necessary to communicate with you about the subject matter of your request and related matters. We may also process this Personal Information for our Business Purposes.
We process Identity Data, Contact Data, and User Content if you interact with or identify us in the App on social media, or on any other communication service (e.g. if you post User Content that engages with or tags our official accounts). We process this Personal Information for our Business Purposes.
Posts may be public, or reposted on our Service. Content, including your Highlight Video (defined below) and content you provide may be publicly available on our Service, including when we post it, you post it, or in some cases, if you reference, engage, or tag our official social media accounts or communications platforms.
We may process Identity Data, Device/Network Data, and Contact Data in connection with email or SMS communications or push notifications that we send in relation to our Services (“Marketing Communications”). For example, we send Marketing Communications to you if you subscribe to our service, make a purchase or play our Game, or in connection with our delivery of services that you request. Additionally, you may receive promotional email communications if you contact us, choose to receive them, or interact with us in a way that allows us to send you those communications. We may also automatically collect Device/Network Data when you open or interact with those communications so that we can better understand engagement with our communications. We may also process this Personal Information as necessary to deliver our Marketing Communications, to understand engagement and interest, and for our Business Purposes. You can opt out of Marketing Communications at any time as specified in the “Your Choices” section below.
We process Identity Data, Contact Data, and User Content collected in connection with user feedback and customer reviews. We process Audio/Visual Data if you provide it, such as if your review includes photos. We process this Personal Data as necessary to respond to your feedback or concerns, for our Business Purposes, and other legitimate interests, such as analyzing user satisfaction or for marketing purposes.
In addition to the processing described above, we generally process Personal Information for several common purposes in connection with our business. Please see below for more information regarding the purposes for which we process your Personal Information.
We process any Personal Information as is necessary to provide the Service, and as otherwise necessary to fulfill our obligations to you, e.g. to provide you with the information, features, and Service you request.
We may use any Personal Information we process through our Service as necessary in connection with our improvement of the design of our Service, understanding how the Service is used or functions, for customer service purposes, in connection with the creation and analysis of logs and metadata relating to the use of our Service, and for ensuring the security and stability of the Service. Additionally, we may use Personal Information to understand what parts of our Service are most relevant to users, how users interact with various aspects of our Service, how our Service performs or fails to perform, etc., or we may analyze use of the Service to determine if there are specific activities that might indicate an information security risk to the Service or our users.
We may process Personal information in connection with our legitimate interest in ensuring that our Service is secure, identify and prevent crime, prevent fraud, and verify or authenticate users/individuals, and ensure the safety of our guests. Similarly, we process Personal information as necessary to detect security incidents, protect against, and respond to malicious, deceptive, fraudulent, or illegal activity. We may analyze network traffic, device patterns, and characteristics, maintain and analyze logs and process similar Personal information in connection with our information security operations and related.
We process Personal Information as necessary in connection with our creation of aggregate analytics relating to how our Service is used, the pages and content users view, and to create other reports regarding the use and performance of our Service, and other similar information and metrics. The resulting aggregate data will not contain information from which an individual may be readily identified.
Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Information subject to this Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may process information as necessary to fulfil our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the data sharing section for more information about how we disclose Personal Information in extraordinary circumstances.
Your Personal Information may be processed as part of routine corporate operations, as part of corporate reorganizations, or any business transition, such as a merger, acquisition, liquidation, or sale of assets.
If we process Personal Information in connection with our Service in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to your rights and choices) unless otherwise stated when you provide it.
We and certain third parties use Personal Information to further our commercial or economic interests (“Commercial Purposes”) depending on the context of collection and your rights and choices.
Subject to our Terms of Use and Game Rules, we may create highlight videos from your tee shot video recorded through the SmartPin app and pin video (“Highlight Videos”) when you participate in a Game. We may use Highlight Videos to create marketing materials, publish on YouTube or social media channels, or as part of other marketing or promotional materials relating to our Service (“Marketing Content”) in order to increase interest in our Game and to market our Services. Marketing Content may include your name, image, likeness or other Personal Information. To exercise your rights with respect to our use of your Personal Information or other rights of publicity relating to Marketing Content, please review your Rights and Choices below. For more information, see our Terms of Use and Game Rules.
We work to help you have more fun playing golf. In order to understand your preferences, and better recommend products and services that are personalized to you, we may create a “Profile” by linking together and analyzing Personal Information processed in the following contexts:
We may augment Profiles with Personal Information that we receive from Other Players, or third parties (including social media companies or event operators), e.g. information about Services you have used or purchased previously, or demographic data and data from your publicly available social media profiles. We use Profiles for our legitimate interests in market research and statistical analysis in connection with the improvement of our Services. For example, we may analyze the Personal Information of customers who have played a Game at a specific golf course, and then compare them with other customers in our database. If we identify other customers in our database who have similar Personal Information to the original purchasers, we may direct marketing about playing a Game at that golf course to the similar customers. We may conduct the profiling and send the direct marketing emails automatically. Profiles involve processing that is automated, in whole or in part.
Personal Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer data to the categories of recipients or in connection with specific business purposes, described below.
Applicable law may grant you rights in your Personal Information. These rights vary based on your location, state/country of residence, and may be limited by or subject to our own rights in your Personal Information. You may submit requests to exercise rights you may have by contacting us.
Note: We are able to fulfill rights requests regarding Personal Information that we control or process. We may not have access to or control over Personal Information controlled by third parties. Please contact the third party directly to exercise your rights in third party-controlled information.
We verify all rights requests to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Information. For example, we may require that you verify that you have access to the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
You may have the following choices regarding the Personal Information we process, to the extent required under applicable law:
We implement and maintain reasonable security measures to safeguard the Personal Information you provide us. However, we sometimes share Personal Information with third parties as noted above, and though we may take certain measures to help ensure the security of your Personal Information, we do not control third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Information or any other information you provide us will remain secure.
We retain information for so long as it, in our discretion, remains relevant to its purpose, and in any event, for so long as is required by law. We will review retention periods periodically, and may sometimes pseudonymize or anonymize data held for longer periods, if appropriate.
We operate in and use service providers located in the United States. If you are located outside the U.S., your Personal Information may be processed in the U.S. The U.S. may not provide the same legal protections guaranteed to Personal Information in foreign countries. Contact us for more information regarding transfers of data to the U.S.
Our Services are neither directed at nor intended for use by persons under the age of 18 in the U.S. We do not knowingly collect information from such individuals. If we learn that we have inadvertently done so, we will promptly delete such Personal Information if required by law. Do not access or use our Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
We may change this Policy from time to time. Please visit this page regularly so that you are aware of our latest updates. Your use of the Service following notice of any changes indicates acceptance of any changes.
