Last Updated: May 1, 2018.

Welcome to 18Birdies, which is operated by 18Birdies, LLC (“18Birdies”, “we”, “us” or “our”). This is the privacy policy (“Privacy Policy”) for (a) www.18Birdies.com and all corresponding subdomains, web pages and websites associated with the foregoing URL (the “Site”), (b) the 18Birdies app (the “App”), (c) 18Birdies Business Accounts and (d) any other content, applications, systems, features, functionality, software, information, products and services offered by us that link to this Privacy Policy (collectively (i.e., the subsections (a), (b), (c) and (d) above), the “Services”). Please review our Terms of Service Agreement which governs your use of the Services. Any capitalized terms that are not defined in this Privacy Policy shall have the meaning ascribed in the Terms of Service Agreement. BY ACCESSING AND/OR USING THE SERVICES, WHETHER AS A REGISTERED USER OR OTHERWISE, YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND HEREBY AGREE THAT YOU ARE GIVING US YOUR CONSENT TO TRACK YOUR ACTIVITIES AND YOUR USE OF THE SERVICES AS DESCRIBED IN THIS PRIVACY POLICY.

1. Introduction; General Terms

1.1 This Privacy Policy explains what information we collect in connection with your access to and/or use of the Site, App and Services, how the information is used, and how and when we disclose such information. Please take a few minutes to read this Privacy Policy so that you understand how we treat your information.

1.2 This Privacy Policy will remain in full force and effect, even if your access to, use of and/or participation in connection with the Services or any other particular service, feature, function, initiative, promotion or activity offered on or through the Services terminates, expires, is suspended or deactivated for any reason. If you do not agree with this Privacy Policy, please do not participate in, access and/or use the Site, App or any Services.

1.3 This Privacy Policy governs only the information collected by us on or through your use of the Site, App and Services, and does not cover any other information collected in any other manner or collected by any other third party, unless specifically stated.

1.4 For purposes of this Privacy Policy, (a) when we use the term “Personal Information” we mean any information that we collect on or through the Services that would allow someone to identify you or contact you, such as your full name, e-mail address, physical address, payment card information, telephone number(s), etc., and (b) when we use the term “Additional Information”, we mean any information that we collect about you on or through the Services other than Personal Information (Personal Information and Additional Information shall be collectively referred to herein as “Information”).

2. Information We Collect About You

2.1 Registration, Features, Functionality and Communications. We collect the information you voluntarily provide to us. For example:

  • In order to access and/or use the Services and any content, features and functionality thereof (e.g., account registration, game play, communication/networking features, purchases, reservations, promotions, etc.), we may require that you provide and/or otherwise make available to us certain Information, which may include, among other things, your legal name, email address, physical address, telephone number, passwords and other information, and, in order to conduct fee-based transactions and other activities, your payment and other data (e.g., payment card data, billing address, PayPal account details, etc.), authentication data and gender.
  • When you order Services on our Site, we will collect all information necessary to complete the transaction, including your name, credit card information, billing information and shipping information.
  • If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply. When you post messages on the message boards of our Site, the information contained in your posting will be stored on our servers and other users will be able to see it.
  • When you participate in one of our surveys, we may collect additional profile information.
  • We also collect other types of Personal Information that you provide to us voluntarily, such as your operating system and version, and other requested information if you contact us via e-mail regarding support for the Services.
  • If you participate in a sweepstakes, contest or giveaway on our Site, we may ask you for your e-mail address and/or home number (to notify you if you win or not). We may also ask for first and last names, and sometimes post office addresses to verify your identity.  In some situations we may need additional information as a part of the entry process, such as a prize selection choice.  These sweepstakes and contests are voluntary.  We recommend that you read the rules for each sweepstakes and contest that you enter.
  • We may also collect Personal Information at other points in our Site, App and/or Services that state that Personal Information is being collected.

2.2 Automatic Information Collection; Tracking Technologies. When you access and/or use the Services, we automatically collect certain Information.  For example:

  • As is true of most websites, we gather certain information automatically and store it in our log files. This information includes anonymous identifiers, your Internet protocol (IP) address, and other Information regarding your access to and/or use of the Services, which may, among other things, assist us in authenticating your usage and/or device, keeping track of your preferences, creating a more tailored user experience, better serving your particular interests and needs, etc.
  • We may also use “cookies” (which are small electronic files containing information about you and your activities that are stored on your Device (e.g., html files, Flash files, etc.), “embedded scripts”, web beacons and other similar tracking technologies (collectively, “Tracking Technologies”) to collect Information automatically as you use, access and/or otherwise interact with the Services. Tracking Technologies enable us, among other things, to track your use of, access to and interaction with the Services, and target your interests to enhance your experience with the Services, including, without limitation, by making additional features, functionality, products and services available to you. We may also use Tracking Technologies to collect “clickstream” data, such as your Device type, operating system and platform, the average time spent using the Services, content viewed and searched for, access times, location of usage and other relevant statistics, and may assign unique identifiers to your Device or other credentials you use to access and/or use the Services for the same purposes. We may associate the information obtained through these Tracking Technologies and your anonymous identifiers and other identifiers and data with your Personal Information so we can better customize your experience using the Services and provide tailored recommendations, advertisements, promotions, features, functionality, products, services and other content related to your specific interests, activities and/or profile. You may have the ability to set certain privacy options on your Device that limit the provision of certain Information, such as geolocation information, whether by responding to request alerts or notifications that may be presented to you on your Device prior to the collection of the relevant information or by navigating to the settings section of your Device and limiting certain functionality (e.g., location services, etc.). Please be aware that that if you limit the collection of certain Information, you may not be able to the Services, whether as it pertains to some or all of the services, content, features and/or products made available in connection therewith.

2.3 Advertising Service Providers. The Services may also use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Advertising Service Providers”) to, for example, serve advertisements on or in connection with Services, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on or in connection with the Services and any use thereof. Such services may enable us to display advertisements based on your profile and corresponding use of the Services and other websites, services and platforms you have used or visited. Targeting services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you.

2.4 Location­-Based Content and Push Notifications.

  • The Services may allow access to, or make available opportunities for you to view, and/or receive, certain content, products, services, information and other materials based, in whole or in part, upon your location (“Location Based Content”). In order to make Location Based Content available to you, the Services will determine your location using one or more points of data, reference and/or information associated with, among other things, your Device, including, without limitation, GPS, beacons, device software/features/services and other points of data, reference and information. If you have set your Device to disable GPS, Bluetooth, WiFi or other location determining or assisting software, features or services, or do not authorize the Services to access your location data, the Services may not be able to determine your location and you may not be able to access, view and/or receive Location Based Content.
  • The Services may make use of push notifications to provide alerts, notifications, notices and other information, whether in connection with any access to and/or use of Location Based Content or any other content, products, services, information and other materials, and, as part of your use of the Services, you may be asked to accept or deny push notifications and/or other similar alerts depending upon your Device and its corresponding settings, parameters, features and functionalities. If you reject, deny or disable push notification or similar functionality, then you will not receive any push notifications and may not be provided with access to Location Based Content and/or other features and functionalities of the Services. If you accept push notification or similar functionality, push notifications will be automatically sent to you. If you no longer wish to receive push notifications on your Device from the Services, then you must disable same by using the settings on your Device.

2.5 Address Book. We may periodically access and store your contact list and/or address book (and the information contained therein) on your Device to, among other things, find and keep track of mobile phone numbers of other users of the Services, and to allow you and us to send notifications (including, without limitation, invitations and requests) to your contacts, as well as other Users of the Services, via SMS text, email and other methods. You hereby give your express consent to 18Birdies to access your contact list and/or address book for mobile phone numbers and other information (including, without limitation, your own mobile phone number and information) in order for us to provide, and for you to use, the Services.

3. How We Use Information

3.1 Use of Personal Information. We may use your Personal Information for, among other things, the following purposes:

  • Providing the information, services or products that you request or purchase on or through the Services;
  • Contacting you regarding the administration of any features or functions of the Services;
  • Sending you marketing, promotional and other e-mails, messages and other correspondence and notifications;
  • Allowing you to participate in the support and other features of the Services;
  • Responding to your questions or other requests;
  • Tailoring your experience with the Services and/or otherwise customizing what you see when you use the Services;
  • Saving your User Account, registration and profile data or other Personal Information (so you are not required to have to re-enter it each time you use and/or access the Services);
  • Providing and/or otherwise making available the Services and any other information, products and services of enhanced value to you;
  • Marketing and promoting the Services, including, without limitation, promotions and other initiatives and activities;
  • For the prevention and detection of fraud or infringement of our or any third party’s rights;
  • Tracking your return visits to and use of the Services;
  • To comply with legal obligations or legal process; and
  • For any other purposes described in this Privacy Policy or disclosed at the time you provide us with the Personal Information or which are reasonably necessary to provide the Service or other related information, product and/or service requested.

3.2 Use of Additional Information. We may use your Additional Information for, among other things, the following purposes:

  • For research purposes, marketing/promotional purposes and/or to provide anonymous reporting for internal and external clients, business partners, third party organizations, etc.;
  • Accumulating and reporting aggregate, statistical information in connection with the Services and user activity;
  • Determining which features, functionality and services of the Services users like best to help us operate the Services, enhance and improve the Services and display advertising and marketing information;
  • Saving certain Additional Information for your ongoing use of the Services;
  • For the uses described for “Personal Information” above; and
  • For other purposes disclosed at the time you provide us with the Additional Information or which are reasonably necessary to provide the service requested.

3.3 Anonymous Data. We may also create anonymous data records from Personal Information by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site and App navigation. We reserve the right to use anonymous data for any purpose and to disclose it to third parties in our sole direction.

4. User Choice, Withdrawal of Consent and Opt-Out

4.1 Preferences. You may change your privacy preferences (e.g., ask us not to share your Personal Information with a particular third party) by sending an email to us at privacy@18Birdies.com detailing your privacy request. Other privacy preferences (e.g., limiting location services), depending on the nature of the specific feature, functionality or offering, may be designated by modifying your account privacy, permission and/or account options on the your Device (if applicable) and the Services (solely if applicable and in the event we elect to make such settings available). If you ask us to stop using your Personal Information, we will honor that request while retaining a record of any Personal Information as necessary to comply with applicable foreign, federal, state or local law, and/or to conduct legitimate business activities; provided, however, that you may be unable to continue to use the Services (in whole or in part), if you require us to stop using your Personal Information. You always have the right to review and correct the Personal Information you have provided to us and generally you may update or delete certain Personal Information by contacting us as described in Section 13.

4.2 Marketing and Promotional Communications. From time to time, you may be presented with the option of whether to receive, or you may be automatically entered to receive, certain marketing and/or promotional communications from us and others that we think will be of interest to you. You can unsubscribe to receive certain such communications by either following the specific instructions included in such communications or you may “opt-out” of receiving certain marketing and promotional e-mails from us by sending an email to us at privacy@18birdies.com detailing your privacy request. Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your Information shall remain subject to the prior privacy settings. Additionally, you should be aware that any Information provided to third parties prior to your election to opt out or unsubscribe cannot be retrieved or rescinded by us unless required by applicable law, and you cannot retroactively opt out or unsubscribe with respect to such third parties. Further, also please note that in order to keep you informed about the operation of the Services, we may still send you administrative emails, notifications and announcements that are needed for the proper functioning and administration of the Services, including, without limitation, for the purposes described in Section 3 above, in connection with your use thereof. We may also have features that allow you to submit information, questions or feedback to us. In those instances, we may retain your emails and other information you submit to us for our internal purposes, and to help us, our service providers, partners, collaborators and affiliates serve you better.

5. Sharing and Disclosure of Personal Information and Other Information

5.1 Disclosure of User Status and Activity Information. In order to access and use the Services, you expressly acknowledge, understand and agree that the Services will automatically store, host, share, post, disseminate, disclose and/or publish certain Information concerning your user account and profile (e.g., name, avatar/image, handicap, honors, achievements, user page details, etc.) and your corresponding use of the Services and related conduct, information and activities associated therewith (e.g., golf rounds played and related dates and times, golf scores, location, home courses, status updates, handicap, User Postings, etc.) in connection with the Services (collectively, “Status and Activity Information”). Status and Activity Information will be visible to all users of the Services (e.g., on golf leaderboards, your account page/profile, post and feed sections, etc.), including those users whom you have elected to follow and all other users of the Services that you have not friended and have no relationship with. Accordingly, you expressly acknowledge, understand and agree that all Status and Activity Information is public and may be globally viewed by all users of the Services.

We may, from time to time, make certain settings available to limit the sharing, availability or public nature of certain specific Status and Activity Information, and if we do elect to do so and you properly designate your preferences using such settings, then we will honor the choices you make about who can see certain specific Status and Activity Information (e.g., the accessibility and sharing of certain information only with your friends, as opposed to all Users of the Services, etc.).

5.2 Co-Branded Services and Features. The Services may offer co-branded services and features, such as activities, events, initiatives, promotions and selected products and services provided by us and/or our affiliated entities or other third-party partners, and that may be made available on the Services and/or our co-branded partner’s platform, website or service. The co-branded partner will be identified on the co-branded feature or service, along with the co-branded partner’s privacy policy. If you wish to opt-out of a co-branded partner’s future use of your Personal Information for marketing or other purposes, you will need to contact the co-branded partner directly. Please note that the use of such information by co-branded partner is subject to co- branded partner’s privacy policy.

5.3 Service Providers and Gold Course Operators. We will provide and disclose your Information to affiliates, operators, services providers and other third parties, including, without limitation, golf course operators, owners and affiliated parties, for the purpose of proving, offering, supporting, administering and maintaining the Services, and providing the full range of content, activities, services, features and functions offered on or in connection with the Services other features, functions and operations in connection therewith.

5.4 Additional Disclosures. There may be instances when we may access and/or disclose Information without providing you a choice in the following circumstances: (a) to protect or defend our legal rights or property, or those of our affiliated companies, organizations and initiatives, and their employees, agents and contractors (including enforcement of our agreements); (b) to protect the safety and security of the Services and our users; (c) protect against fraud or for risk management purposes; (d) if we believe your actions violate the Terms of Use Agreement, this Privacy Policy, any Rules or any Additional Terms; or (e) to comply with law or legal process.

5.5 Corporate Restructuring. In the event that (a) we sell or transfer all or a part of our business, organization and/or assets (or those of an affiliated company, organization or initiative), or (b) we are otherwise involved in a bankruptcy, merger, joint venture, acquisition, stock sale, consolidation, spin-off, divestiture or any other similar or related transaction, we may transfer and otherwise provide your information to the party or parties involved in the transaction as part of the transaction

6. Minors

The Services are not directed toward children under 13 years of age.  If you believe the Company inadvertently collected information from a child under 13 years of age please contact legal@18birdies.com.

7. Security

While no data transmission over the Internet is 100% secure from intrusion, we maintain reasonable physical, electronic and procedural safeguards designed to protect your Personal Information. However, regardless of our efforts and the Device you use to access the Services, it is possible that third parties may unlawfully intercept or access transmissions, information and/or private communications over an unsecured transmission.

8. Your California Privacy Rights

If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as “unsubscribe”) with respect to use of your Personal Information by third parties for marketing purposes. If you are a California resident and wish to request information about how to exercise your third-party disclosure choices, please send a request by email to our Privacy Administrator at privacy@18Birdies.com detailing your privacy request. All requests must be labeled “Your California Privacy Rights” on the email subject line. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone, postal mail or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete or legible information.

9. Integration and Interaction with Third Party Platforms, Third Party Services and Operators

The Services may be linked to, rely on and/or be integrated with websites, applications, interfaces, services and platforms operated by other companies, including Third Party Services. The Services may also feature advertisements, promotions and other content, products and services from other third parties. We are not responsible for the privacy practices of such websites, applications, interfaces, services and platforms operated by third parties that are linked to, rely on and/or integrated with the Services or for the privacy practices of third parties. Once you access a third-party application, interface, webpage, service or platform (whether made available within the Services or otherwise) or click on or navigate to an advertisement, promotion or other opportunity, you should check the applicable privacy policy to determine, among other things, how they will handle any personally identifiable or other information that they may collect from you.

10. Privacy Policy Changes

From time to time, we may modify this Privacy Policy to reflect industry initiatives, third party requirements or changes in the law, our Information collection, use and disclosure practices, the features and functionality of the Services, or technology, and such modifications shall be effective upon posting. In the event we update this Privacy Policy, we will update the “Last Updated” date above, and will provide notice on the Site and within the App. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes.

11. Accuracy

It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or Personal Information or you fail to update such information or Personal Information. We will reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with this Privacy Policy.

12. International Usage

The Services are controlled, operated and administered entirely within the U.S. If you visit, access, interact with and/or otherwise use the Services from a location outside the United States, please be advised that any Information you provide in connection with any such activity may be processed in and/or transferred to the United States of America and/or other territories and locations, where privacy protections may not be as comprehensive as those in the territory or location where you interact with or otherwise use the Services. By using the Services, you affirmatively consent to the transfer, use, disclosure, provision, and other administration of your Information as described herein.

13. Contact Us

If you have any questions about our privacy practices or any of the terms or conditions of this Privacy Policy, please feel free to contact us follows:

18Birdies Customer Support
505 14th Street, Suite 330
Oakland, CA 94612
844-833-7433
support@18Birdies.com

14. Sole Statement

This document is the sole statement of the Privacy Policy for the Services and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid.