PRIVACY POLICY

LAST UPDATED: January 14, 2022

The Swing Index is a product of SWING Index, Inc., (“SWING INDEX” “we” or “us”) and SWING INDEX takes your privacy seriously. Please read our Privacy Policy, in which we describe how we collect, use, and disclose information that we obtain through our websites, apps, and information pages (including http://swingindex.golf ) (the “Site”), our mobile applications (the “Apps”), and the services available through our Apps and Site, as well as from third parties relating to you in or use of our Services (collectively, the “Services”). By visiting the Site, using or downloading the Apps, or otherwise using any of our Services, you agree that your personal information will be handled as described in this Privacy Policy.

Information We Collect

Information we collect through the Site, Apps and Services, generally, falls into two broad categories: Information, including Personally Identifiable Information, and Aggregate Information. In this Policy, “Information, including Personally Identifiable Information” is information that can be used to identify or contact you, such as your name, email address, or mailing address, as well as user information provided as a result of using the services for a better user experience to include user provided videos. “Aggregate Information” is information that does not directly identify you, and may include, for example, statistical information concerning the Web pages on our Site that users most frequent. Our Privacy Policy governs both categories of information.

Registration Information; Your Requests.

The information we receive depends upon what you do when you visit our Site, as detailed below. We collect Personally Identifiable Information directly from you, automatically through your use of the Sites, Apps, and Services, as well as through third parties when you visit our Site or Apps, or register for our Services. For example, if you sign up for one of our services, platforms or events, we collect certain information such as name, email, and contact information, as well as other fields presented in the registration page prior to accepting the Terms of Service and Privacy Policy. If you request to receive more detailed, service or event specific information, and you provide us with contact information (which may include Personally Identifiable Information, such as an e-mail address, mailing address, or phone number) then we also collect it.

Automatically Collected Information.

We may automatically collect information about your use of our Sites, Apps and Services, through cookies, web beacons, log files, java script, and other technologies, including: the name of the domain name and host from which you access the Internet (for example, aol.com); the Internet Protocol (IP) address of the computer you are using; location information the browser software you use and your operating system; the date and time you access our Site, and other activity on our Site, such as links you click; and the referring URL of the website from which you linked to our Site. We may link this information to Personally Identifiable Information.

How We Use Your Information

We use your information, including your personal information, for the following purposes:

• Providing and Improving Our Services. We use the information we collect to provide, maintain and improve our App, Site Services, to fulfil orders and respond to user requests, to develop new features, products, or services, to authenticate users, and other customer service and support purposes.
• Personalizing Content. To tailor the content and information that we display to users within the Services, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Services.
• Sending Service and Transactional Communications. To communicate with you about your account and use of our Services, including to send you product and service updates, alerts, reminders, and confirmations, and to respond to your communications.
• Sending Marketing and Promotional Communications. We may also send users news and newsletters related to the programs. For adult users, we may also send special offers, and other information we think may interest you, including golf and other related items and material. We do not send any marketing and promotional information to non-adult users based on their online usage with the applications or platforms. Please see the Communications Choices section below for information about your choices regarding these communications.
• Research and Analytics. We may use the information we collect to better understand how users access and use our Site and Services, both on an aggregated and individualized basis, and for other research and analytical purposes.
• Protecting Rights and Interests. We also may use the information we collect to protect the safety, rights, property, or security of the SWING Index, the Services, any third party, or the general public; to detect, prevent, stop, or otherwise address security, technical issues, and fraud and other illegal or harmful activities; as evidence in litigation; and to enforce this Policy or our Terms of Service.
• Legal Compliance. To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.
• Other Business Purposes. We also use the information we collect for other purposes related to the operation of our business, including to plan potential business transactions.

How We Share Your Information

We may share your information, including personal information, with your consent, as follows:

• Partners. We may disclose your information to partners with your permission or upon your request. When you sign up to our Services through or with these third parties and/or their websites, or when you use Services that we provide to you on behalf of third parties, such as golf instructors and other partners, we may also share your information with these respective third parties.
• Service Providers. We may disclose your information to third party vendors, service providers, contractors, or agents who perform functions on our behalf.
• Business Transfers. If we are acquired by or merged with another company, if any of our assets are transferred to another company, as part of a bankruptcy proceeding, as part of any other similar business transfer, we may transfer the information we have collected from you to the other company. We also may disclose certain personal information to third parties related to proposed, potential or ongoing mergers, acquisitions, asset transfers/sales, bankruptcy proceedings, and similar transaction, prior to the conclusion of such transaction.
• In Response to Legal Process. We also may disclose the information we collect from you in order to comply with applicable laws or regulations, a judicial proceeding, court order, warrant, subpoena, or other legal process.
• To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, protect against, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which Company is involved.
• Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research, compliance, or other purposes.

Cookies and Other Tracking Mechanisms

We and our third party service providers use cookies and clear GIFs, and may use other tracking mechanisms (log files, java script, local storage objects) to track information about your use of our Services, both on our Site and, where available, on our App. We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).

Cookies.

“Cookies” are small data files stored on your own computer’s hard drive. We (and our third party providers) use cookies to facilitate the operation of our Site (e.g., as part of the account login and checkout features), to personalize the content we display to you, and for analytics, marketing, and advertising purposes. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you choose to reject cookies, certain functions and applications on our Site may not work properly.

Clear GIFs (a.k.a. pixel tags and web beacons).

Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. Clear GIFs are small pieces of code embedded invisibly on web pages, not stored on your hard drive, which often work in conjunction with cookies. We may use clear GIFs in connection with our Site and App to, among other things, track the activities of users, help us manage content, and compile statistics about Site usage. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.]

Third Party Analytics.

We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site and App. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties.

Do Not Track Browser Settings.

Our Site does not respond to Do Not Track signals. For more information about Do Not Track signals, are available at http://www.allaboutdnt.com. You may, however, disable certain tracking as discussed in the Cookies and Other Tracking Mechanisms section above (e.g., by disabling cookies).

Security Of The Personal Information You Provide To Us

We have in place safeguards to protect the information we collect. DUE TO THE NATURE OF THE INTERNET AND DEVELOPING TECHNOLOGIES, WE CANNOT, HOWEVER, PROVIDE ASSURANCES AS TO THE SECURITY OF YOUR INFORMATION, AND SWING INDEX EXPRESSLY DISCLAIMS ANY SUCH OBLIGATIONS.

Third Party Sites

Our Site and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.

Children Under 13

Our Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.

Managing and deleting your information

If you are a registered user, you may review, update, correct or delete your information by logging into Swing Index app. If you are unclear about how to do this or have concerns, contact us at support@swingindex.golf.

If you wish to exercise any of these rights, please contact us using the details below. In your request, please make clear: (i) what personal data is concerned; and (ii) which of the rights you would like to enforce. For your protection, we may only implement requests with respect to the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request. Please note that we may need to retain certain information for record keeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.

Opt-out. You may contact us anytime to opt-out of: (i) direct marketing communications; (ii) automated decision-making and/or profiling; (iii) our collection of sensitive personal data; (iv) any new processing of your personal data that we may carry out beyond the original purpose; or (v) the transfer of your personal data outside the EEA. Please note that your use of some of the Services may be ineffective upon opt-out. Despite your indicated email preferences, we may send you service-related communications, including notices of any updates to our Terms of Use or Privacy Policy.

Access. You may access the information we hold about you at any time via your account, where applicable, or by contacting us directly through our support at support@swingindex.golf

Amend. You can also contact us to update or correct any inaccuracies in your information.

Erase and forget. In certain situations, for example when the information we hold about you is no longer relevant or is incorrect, you can request that we erase your information, by contacting our support site at support@swingindex.golf. We retain the right to retain your information for up to 60 days after we process your deletion request.

We may communicate with you at various times, with administrative emails or phone calls, about transactions and service announcements, customer service responses and promotional emails like special offers, newsletters and updates. You can choose to stop receiving promotional emails at any time simply by changing your preferences, unsubscribing through the applicable Sites and Services, or using an email’s unsubscribe function. You may not opt out of receiving administrative messages or customer service responses, unless you delete your Swing Index account. If you have agreed to receive marketing communications through interactions with our partners, you must change your communication preferences with them directly.

Questions about your information

If you have any questions about this Privacy Policy, just send an email to our Privacy Team at support@swingindex.golf. Or if for some reason you want to send us a letter, just address it to:

SWING Index, Inc

9256 Bendix Road, Suite 300

Columbia, MD 21045

International transfer

This Services are hosted in the United States of America and subject to applicable U.S. Federal and state laws, rules and regulations. Your personal data, may be transferred to, stored at and processed by us and our affiliates and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in your country. By using our Services, you consent and agree to this transfer, storing, processing and use of your personal data in accordance with this Privacy Policy.

Contact Us

If you have questions about our User Agreement Terms or the Privacy Policy contained in this document, you can contact us via email at: info@swingindex.golf.

If you experience technical problems with the operation of our Web site, contact us via email at: support@swingindex.golf.

Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site, at https://swingindex.golf. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site or emailing your email address of record.

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