Privacy
Policy

Privacy Policy Notice

Fairgame, Inc., a Delaware corporation (“Fairgame”, “we”, or “us”), recognizes the importance of your privacy. We want you to feel confident using our services, and this privacy notice (“Privacy Notice” or “Notice”) is to help you understand and describe how we collect, use, and fire disclose your information.

This Notice describes the following:

What information we collect and how it is collected;
How we use the information;
With whom we may share information;
Legal basis for processing the information;
Your rights and choices;
Security and storage of the information;
Third-party websites;
Users outside the United States;
CCPA Compliance;
Changes to the Notice; and
Contacting Fairgame.

Anyone using our Website or one or more of the services provided through the Website, including, but not limited to, tools, data and information relating to golf are referred to herein as “Users.” Users may or may not have a Fairgame account. Throughout the Privacy Policy, “you” and “your” refer to Users and potential Users.

Information We Collect

The information we collect depends on how you use the Website and Service, your location, and applicable laws.

We may collect certain information about you that specifically identifies you or, when combined with other information we have, can be used to identify you, including, but not limited to, your name, telephone number, email address, physical address, any payment information (collectively, “Personal Information”).

We may also combine the information we have collected about you with information from publicly available sources.

Fairgame is directed to adults, and adults only. For this matter “adult” refers to everyone over the age of eighteen (18) years of age. You are not permitted to use our Website or our Service if you are under the age of 18. We do not knowingly collect Personal Information from people under the age of 18, and should we discover we were provided with such information, we will promptly delete such Personal Information from our systems. If you are a parent or guardian and you are aware that your child under the age of 18 has provided us with Personal Information, please contact us at contact@Fairgame.co so that we can take all necessary action.

Broadly speaking, the Personal Information we collect  falls into the following categories:

1. Information you provide us: In your communications with us, and through your use of our Website or Service, you or other parties may provide us with Personal Information voluntarily. This includes, but is not limited to, third party data sources that are integrated with the Service (for example, handicap information provided by US Golf Association).

This information may include, but shall not be limited to:

Contact information (such as your name, email address, and phone number);
Account log-in credentials (such as your email address);
Troubleshooting and support information (this may include the content of your chats and other communications with us);
Information you provided as part of the account setup or preferences (such as your scheduling availability configuration);
Information you provided about yourself and/or your golf abilities, preferences and historical data;
Payment information: we use third party payment processors that collect and store your payment information, including your billing address and credit card information. We may collect and store payment related information (such as the payment amount, date, and card type).

2. Information we collect automatically: We and our Service Providers (as defined below) use Cookies and other technologies to receive and store certain information, which may or may not be Personal Information. You may opt-out of relevant cookies using opt-out features on their respective websites. Based on your opt out preferences, we may automatically collect or receive information about you whenever you access the Website or Service. In some countries, this information is considered Personal Information under applicable data protection laws.

This Information May Include:

Device information: We collect information about the device and applications you use to access the Website or Service, including your IP address, browser, and operating system.
Log data: Our systems keep log data that includes information each time our Website or Service was accessed (such as time and originating IP address).
Usage data: We collect data about your usage whenever you interact with our Website or Service. In addition, we use third-party Service Providers (such as Google Analytics) to collect certain analytics including information about the activities of visitors to our Website.
Communications information: We collect information regarding communications (including notifications) sent using our Service or Website, or by Us (such as delivery status of emails and replies to text notifications).

3. Information we collect from other sources: We may get information about you from third-parties, such as social media platforms.

How We Use Your Information

We may use information we collect, including Personal Information, to do the following:

Provide the Fairgame Service: In order to provide the best service we can, we will use the information you provide. We may use your information to: assist and improve your golf game, respond to your inquiries, and provide customer service and support, among other things. We use the payment information you provide to alert you of charges, present you with billing history and functionality, and perform internal financial processes.
Improve our products: In order to improve on and develop our products and services, we analyze your use of, and interest in, our Service and Website, and in some cases services and content offered by others.
Communicate with you:
Service related communications. We may send you service and administrative emails. These messages are considered essential components of the Service and you may not opt out of these messages.
Promotional. Unless you opt out, we may send you emails about Fairgame products and news, or other topics we think are relevant. You may opt out of receiving these communications at any time. We do not use the email addresses that you enter to schedule a meeting with a Fairgame User to send any type of direct marketing.
Responding to your requests. We will use your information to respond to your questions or comments.
Administrative. We may contact you about changes in services and offerings. We may also contact you with notices about services and offerings, including changes to this Notice, and security and fraud notifications.
Research and analytics. Subject to your opt-out preference, we may contact you as part of research or data analytics projects to aid in our legitimate business interests in improving our services and products.
Protecting Rights and Interests: We may use your information to protect the rights and interests of Fairgame and our users, and to enforce our Terms of Use and this Notice.
Legal Compliance: We may use your information in complying with applicable legal and regulatory obligations. This includes complying with requests from law enforcement and other governmental authorities, and in meeting demands stemming from legal proceedings.
Settle a charge dispute: In the event of a payment dispute, we may share account information with our payment processors or your bank to verify the legitimacy of a charge.
Other: In the course of managing our business or performing business functions, we may use your information in a way described to you at the time of collection, and subject to your consent.

With Whom We May Share Your Information

We do not sell your Personal Information. We do not disclose your Personal Information in exchange for money. We do not share your Personal Information except as indicated within this Notice.

We may share your Personal Information and other information in the following ways:

With third-party Service Providers, agents, contractors, or government entities. In order to provide a valuable service, we may work with companies, agents, or contractors (“Service Providers”). We may engage Service Providers to process payments; monitor and develop Fairgame services; develop or maintain communications, infrastructure, or information technology services; provide customer service; collect debt; and analyze or enhance data. Service Providers may have access to your information as part of their duties. Service Providers may also collect information, which may be Personal Information, on our behalf. We may share information, which may be Personal Information, with Service Providers and government entities for the following reasons: to address legal, security and safety concerns; to enforce policies and contracts; to address security breaches; and to assist in investigations. Service Providers are required to take reasonable steps to keep Personal Information secure. Service Providers are not authorized to use or disclose your Personal Information for purposes unrelated to the services they provide.
We may share your data if we believe it is reasonably necessary for any of the following reasons: to comply with a law, regulation, legal, or governmental request, including any subpoena, court order, warrant, or other legal process; to enforce applicable Terms of Use or this Notice, including investigation of potential violations; to protect the safety, rights, or property of Fairgame, its Users, or the public; to detect, prevent, or otherwise address security or technical issues; to detect, prevent, or otherwise address illegal, or suspected illegal, activities, including fraud; or as evidence in litigation.
Affiliates. For research, marketing, and other purposes, we may disclose information to affiliates and subsidiaries in a manner consistent with this Notice.
Mergers and Sale Transactions. We may share your information, including Personal Information, in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our business or assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding

Information We Share with Other Users

When interacting with other users on our Website or Service, we will share the information you provided with other users who you authorize us through the Website or service to share such information. They may use it to contact you through the Service or outside the Service. We take no responsibility for the way they use your information, and you provide such information at your own risk.

If you feel your information is being misused, please contact us immediately and we will review this and take action as we deem appropriate. You can also contact us to ask to remove your information from our systems as defined in this Policy.

Your Rights and Choices

Account. You can keep your Personal Information accurate and up to date by logging in and changing it. You may also contact us to request information about your Personal Information we have collected and to request corrections to it. You may also request that we delete your Personal Information or your entire account. We will try to honor your requests to the best of our ability, subject to any legal or contractual obligations. If you would like to make any of the aforementioned requests, please contact us at contact@Fairgame.co. If you request for us to delete your account or Personal Information, we will only retain information as necessary to comply with legal obligations, resolve disputes, and enforce agreements.
E-mail. You may opt out of promotional emails from us by following the opt-out link in any promotional email we send you. Please note that it may take up to ten (10) days for changes to take effect. If you opt out of promotional emails, we may continue to send service-related emails, which you may not opt-out from. If you do not wish to receive service-related emails, please delete your account.
Cookies. You may disable Cookies via your browser settings or via limited opt-out functionality in Fairgame. Please refer to your browser’s help function for instructions about how to change Cookies settings. Please keep in mind that Fairgame uses Cookies to enable authentication and other features, so you may need Cookies in order to use the Website or Service.
Third Party Analytics Services. Some of the third-party analytics services we use provide the ability to opt-out. We have provided guidance on some of these services in the following list, however, you acknowledge that these third-party services are responsible for their own websites, services, and use of your Personal Information. We recommend checking the website of each third-party service, as we are not responsible for the information below and such may have changed.
Google Analytics: You can opt-out of Google Analytics by installing the Google Analytics Opt-out Browser tool: https://tools.google.com/dlpage/gaoptout. For more information, please visit the Google Privacy & Terms webpage: https://www.google.com/policies/privacy.
Facebook Pixel: You may opt out of Facebook Pixel using their opt-out feature: https://www.facebook.com/help/568137493302217. For more information, please visit their Data Policy: https://www.facebook.com/about/privacy.
Additional Rights. Subject to local law, you may have additional rights under the laws of your jurisdiction regarding your Personal Information, such as the right to complain to your local data protection authority.

Security and Storage of Information

We have taken reasonable steps to help protect the personal information we collect.

Fairgame takes the security of your Personal Information very seriously. We work hard to protect the Personal Information that you provide from loss, misuse, and unauthorized access, or disclosure. Given the nature of communications and information processing technology, there is no guarantee that Personal Information will be absolutely safe from access, alteration, or destruction by a breach of any of our physical, technical, and managerial safeguards.

You should take steps to protect against unauthorized access to your device and account by, among other things, choosing a unique and complex password that nobody else knows or can easily guess and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

We retain the Personal Information we collect for so long as is reasonably necessary to fulfill the purposes for which the data was collected, to perform our contractual and legal obligations, and for any applicable statute of limitations periods for the purposes of bringing and defending claims.

Third-Party Links

Our Website may contain links to third-party websites and applications. Subject to your opt-out preferences (see Your Rights and Choices), we may also use third-party advertisers, ad networks, and other advertising, marketing, and promotional companies, to serve advertisements on our Website. Any access to and use of such linked websites and applications is not governed by this Notice but instead is governed by the privacy policies of those third parties. Unless otherwise stated, we do not endorse these parties, their content, or any products and services they offer. We are not responsible for the information practices of such third-party websites or applications, and should you choose to link to them through our Website you do so at your own risk.

Users Outside the USA

We host our application, database, and other servers with Firebase Hosting, which is located in the United States. Firebase, have certified with the Department of Commerce that it adheres to the Privacy Shield Principles under the EU-U.S. Privacy Shield framework and the Swiss-U.S. Privacy Shield framework.

If you are an individual located in the European Union, the United Kingdom, Canada or another jurisdiction outside of the United States with laws and regulations governing Personal Information collection, use, and disclosure that differ from United States laws, you should not use our Website or Service or provide us with any of your information, whether Personal Information or otherwise. Please be aware that information we collect (including through the use of methods such as Cookies and other web technologies) will be processed and stored in the United States or in other countries where we or our third-party Service Providers have operations. By using Fairgame and submitting Personal Information, Users give their express consent to have it transferred to, processed, and stored in the United States or other jurisdictions which may not offer the same privacy protections available in your local jurisdiction or country of citizenship/residence.

The locations Fairgame transfers your Personal Information to may include locations inside and outside the European Economic Area. We may also process Personal Information submitted relating to individuals in Europe via the European Union Standard Contractual Clauses.

Do Not Track

We do not support “Do Not Track” requests.

To determine whether any of the third-party services we use honor “Do Not Track” requests, please read the individual privacy policy for each such service.

Dispute Resolution

To learn more about the Fairgame dispute resolution process, please see the Terms of Use.

Changes to this Notice

This Notice is current as of the date first set forth above.

Fairgame may change this Notice from time to time in its discretion, including if we change the way we handle information. We may also change this Notice to make clarifications or adjustments. If we make such changes, we will post them here. You are responsible for checking this page for such changes. If you continue using Fairgame after changes are made effective, you agree to the revised Notice.

Contacting Us

If you have any questions or comments about this Notice, please contact us at contact@Fairgame.co. For questions or comments outside of the Privacy Notice, please contact us at contact@Fairgame.co.

Privacy Notice for California Residents

Last Updated: June __, 2021

This Privacy Notice for California Residents (“California Notice”) supplements the Fairgame Privacy Notice. It applies solely to Fairgame Users who live in the State of California (“California Residents”). Fairgame adopts this notice to comply with the California Consumer Privacy Act of 2019 and any subsequent amendments (“CCPA”). All terms used in this California Notice have the same meaning as when used in the CCPA.

Information Fairgame May Collect Regarding California Residents

As defined in the CCPA, “personal information” is information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household or device. All references to “personal information” used throughout the remainder of this Privacy Note shall apply to this CCPA definition. Fairgame collects this type of “personal information” and, in particular, our Website may have collected the following categories of this “personal information” from California Resident Users within the last twelve months, for the purpose of establishing, maintaining, and supporting the services that we provide through our Website:

A. Identifiers: such as, real name; alias; email address; internet protocol address. 

B. Personal information categories listed in Cal. Civ. Code Sec. 1798.80(e): such as, real name; phone number.

C. Commercial information: such as, purchase records regarding Fairgame products.

D. Internet or other similar network activity: such as, data on Viewers’ interaction with the Fairgame Website.

Fairgame Obtains the Categories of personal information  Listed Above from the Following Categories of Sources

Directly from our Users.
Indirectly from our Users.
Directly and indirectly from activity on our Website.
From third parties that interact with us in connection with the services we perform.

For purposes of the CCPA, “personal information” specifically excludes publicly available information and consumer information that is deidentified or aggregate consumer information.

How California Resident Personal Information May Be Used

We may use or disclose the personal information we collect from California Residents for one or more of the following business purposes: 

To fulfill or meet the reason for which the information is provided.
To provide you with information or services that you request from us.
To provide you with email alerts and other notices concerning our services or news that may be of interest to you.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
To improve our Website.
For testing, research, analysis and service development.
As necessary or appropriate to protect Fairgame and our Users.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when your personal information was collected, or as otherwise set forth in the CCPA.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Fairgame is among the assets transferred.
Fairgame will not collect additional categories of personal information or use the personal information we collect for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third-party for a business purpose. When we disclose personal information for a business purpose, we enter into an agreement that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing your contract.

We disclose your personal information for a business purpose to the following categories of third parties:

Service Providers.
Third parties to whom you or your agents authorize us to disclose your personal information in connection with the services we provide to you.
Government representatives as required by law.

In the preceding twelve (12) months, we have not sold any personal information.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information that we have collected about you.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we have collected from you and retained, subject to certain exceptions. Subject to those exceptions, Fairgame will follow its deletion procedures for all verifiable deletion requests. Please send deletion requests to contact@Fairgame.co. Once we receive and confirm your verifiable request, we will delete (and direct our Service Providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug software to identify and repair errors that impair existing intended functionality.
Comply with the California Electronic Communications Privacy Act.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Otherwise lawfully use that information in compatibility with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by reaching out to contact@Fairgame.co.

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable California Resident request for access or data portability twice within a 12-month period.

The request must:

Give enough details for Fairgame to reasonably verify that the sender is the authorized representative of the person about whom the personal information pertains.
Include sufficient detail to allow us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us.
Fairgame will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We will make our best effort to reply to California Resident requests as quickly as we can. In the event of delays over 60 days, we will inform you of the reason and extension period in writing. We will deliver our written response to the contact information we have for your account or, if you don’t have an account, to the return address provided when submitting the request. If no address is found, or the address is unclear, we will try to reach out to you via your email address to ask for a mailing address. Any disclosures we provide will only cover the 12-month period preceding the verifiable receipt of a California Resident’s request. The response we provide will explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before fulfilling your request.

Non-Discrimination

In accordance with the CCPA’s requirements, we will not discriminate against you for exercising any of your CCPA rights.

Changes to Our Privacy Notice

We reserve the right to amend this Privacy Notice for California Residents at our discretion and at any time and will notify you by email or through a notice on our Website homepage.

Contact Information

If you have any questions or comments about this Privacy Notice for California Residents, our general Privacy Notice, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: contact@Fairgame.co.

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Privacy Policy