Arcis Golf App PRIVACY POLICY

Last Updated: November 1, 2023

INTRODUCTION. Your privacy is important to us and we will responsibly maintain and protect your information. This Privacy Policy applies to information collected via the Arcis Golf mobile application (the “App”). The App is powered by Club Caddie Holdings, Inc (“Club Caddie”), and Club Caddie is helping facilitate App usage and transactions on behalf of Evergreen Alliance Golf Limited, LP (“Arcis Golf”) and any of the individual golf courses or facilities owned or managed by the Arcis Golf where the Arcis Golf allows you to utilize the App (each a “Partner Course”). This Privacy Policy explains the Arcis Golf information collection practices, such as the types of information we collect and how we may use that information. Please review this Privacy Policy carefully. In addition, please review the Arcis Golf App Terms of Use, which govern your use of the App. By downloading and/or using the App, you consent to the practices described in this Privacy Policy.
 
WHAT INFORMATION WE COLLECT AND HOW IT IS USED

Information You Provide
The App may collect and retain the following information:

Information is used to:
(1) process transactions, including the purchase or reservation of a golf tee time or your registration with the App, including verifying information you provide is active and valid;
(2) provide related customer service (for example, to respond to your questions, complaints or comments);
(3) customize content, recommendations and offers we display to you;
(4) market Arcis Golf, a Partner Course or a third party;
(5) provide and improve the App and develop new features;
(6) contact you with regard to your use of the App including, in our discretion, changes to our policies;
(7) conduct analytics on App performance and activity;
(8) support primary and third-party marketing efforts including the serving and targeting of ads;
(9) enable third-parties to conduct transactional activities and to market to you, such as providing to the Partner Course to hold or charge a reservation and to market to you in the future;
(10) display historical sales or performance (e.g.: scorecard) information;
(11) administer loyalty programs.

Select information provided or otherwise collected will be maintained in your customer profile (“account”) which you may edit at any time by accessing your profile in the “Account Information” section of the App. That information includes:

General Contact Information: To create your account and to fulfill transactions on the App, we require that you submit certain contact information for ease of communication throughout your use of the App. Such information may include name, address, phone number, email address, date of birth, and gender.

Payment Information: We will also facilitate the collection of payment information from you in the form of a credit card number when you conduct a transaction in the App, or reserve a round of golf at a Partner Course. Payment information is encrypted, transferred and stored as a token at a third-party processor to ensure the security of data. Payment tokens may be provided to a Partner Course in the event that the Partner Course is required to charge you in accordance with their “no-show policy”. By providing payment information and completing the transaction, you consent to the use of this payment information by Arcis Golf and third-parties for the sole purpose of facilitating transactions (e.g.: purchases, refunds) and to support the facilitation of App, including applicable Partner Course policies including but not limited to the facilitation of cancellation or “no show” charges.

Records of Your Contact With Us: In addition to account and payment information, we also maintain certain information about your usage of the App, your contact with us, and your ordering history. This information is maintained to better serve your individual needs, to facilitate a smoother search and transaction process, to audit and investigate App use, and to help us better deliver an experience catered to your needs. Such information may include: past purchases made through the App (courses played, etc.); usage of the App and marketing information; and other data to help us better personalize your experience on the App and marketing.

Comments, Reviews and Other User Generated Content: The App may provide features through which you can publicly post content (comments, reviews, golf scores, messages, images, videos, text or other material). Note that anything you post publicly or submit directly may be viewed by others. If you choose to voluntarily disclose personal information or other information publicly, that information will be considered public information and the protections of this Privacy Policy will not apply. Additionally, we will maintain information that you voluntarily provide to us, whether as part of publicly posted content or not. Some of this information may have to do with your golfing behavior and preferences and will be maintained by us to provide you with a better experience and more pertinent offers. Such information could include: reviews of golf courses you have played; scoring; courses played; preferred brands of clubs and golf balls, etc.

Information We Collect Automatically

Connection and Usage Information: Arcis Golf, and our third party service providers (including analytics providers and third party content providers), may automatically collect certain usage information whenever you visit or interact with the App, including the browser and operating system you may be using, the URL or advertisement that referred you to the App (if applicable), the search terms you entered into a search engine that lead you to the App (if applicable), all of the areas within the App that you visit, and the time of day you used the App, among other information relating to your use of the App. We may use usage information for a variety of purposes, including analyzing and improving the App, to provide special offers, and to select appropriate content to display to you.

Device Identifiers: In addition, we automatically collect your mobile device ID or other unique identifier (“Device Identifier”) for any mobile phone, tablet, or other device you may use to access the App. A Device Identifier is a number that is automatically assigned or connected to the device you use to access a service, and our servers identify your device by its Device Identifier. We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software, preferred language, advertising identifiers, serial number, device motion information, and mobile network information. Some mobile service providers may also provide us or our third-party service providers with information regarding the physical location of the device used to access a service (i.e., GPS information). Usage information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as personal information.

The App may contain content served by third parties, including videos and advertisements, and we work with third party service providers to serve Arcis Golf advertisements elsewhere online. In connection with serving content and providing analytics and advertising services, third parties may collect certain information about your visits to this or other websites and we may receive information regarding the use of the App and the effectiveness of our advertisements. These advertising networks, advertisers, ad agencies, analytics service providers and other vendors may set and access their own tracking devices (including cookies and web beacons) and they may otherwise collect or have access to information about you and your online browsing activities. This information helps us better serve you, troubleshoot any issues you may be experiencing, and provide an overall superior experience.

A “cookie” is a small piece of data sent from a website and stored on the user’s computer by the user’s web browser while the user is browsing. When you visit a site that uses cookies for the first time, a cookie is downloaded onto your mobile device so that the next time you visit that site, your device will remember useful information such as items added in the shopping cart, visited pages or logging in options. Cookies are widely used in order to make websites work, or to work more efficiently, and the App relies on cookies to optimize your experience and for features and services to function properly. Most web browsers allow you to restrict or block cookies through the browser settings, however if you disable cookies you may find this affects your ability to use certain parts of the App. We do not respond to mobile device “do not track” signals at this time. We await the result of work by the policy community and industry to determine when such a response is appropriate and what form it should take.  

Information From Other Users: We may receive information about you from third parties. For example, someone may provide information about you in order to reserve a golf tee time on your behalf or to send you information or a gift card through the App. We may combine this information in our database and we may use it to contact you about a reserved tee time or other product purchased for you, or to offer you products or services, or for similar purposes. Third parties also may forward your information to us; for example, if you are using a service that uses the App to present available golf tee times. If we combine the information we receive from others with information we collect through the App, we will apply this Privacy Policy to the combined information.

HOW WE SHARE INFORMATION

We will take great care to protect your privacy. As set forth in this Privacy Policy, certain of your personal information will be shared with the Partner Courses, third-party partners and processors that will be fulfilling your transaction. Information may also be shared with third-party marketing partners and services to support Arcis Golf and third-party marketing efforts and analysis.

Fulfillment of Transaction (Partner Course): In the event you conduct a transaction through the App, we will share your information with the facility or third party that will fulfill your purchase (usually, a Partner Course). The primary piece of information used to identify you when you purchase a round of golf will be your email address, which will be shared with the Partner Course. Your use of the App confirms your consent for Arcis Golf and the Partner Course to use your email address for future golf marketing initiatives. You may unsubscribe from such messages at any time by utilizing the unsubscribe feature in every email. If you wish to unsubscribe from messaging from a Partner Course, you must communicate directly with the Partner Course.

Service Providers: We may provide access to information to vendors that are performing services on our behalf, including processing payments, providing customer support, analytics providers, and performing other administrative services, in order to carry out such services.

Affiliates: We may share the personal information we collect through the App with our subsidiaries and affiliates.

Sales or Transfer of Business or Assets: In addition, we also may share the information described above in connection with a business transfer, such as to another company that may purchase all or substantially all of the assets we use to provide the App to you (this includes disclosure during the due diligence process).

Security and Fraud Detection and Legal Compliance: We may share both personal and non-personal Information for legal reasons, such as in response to a subpoena or when required by law, to defend our rights or to protect the personal safety, rights, property or security of any organization or individual, or in response to a written request from law enforcement regarding an investigation into criminal activity that may have occurred through or in any way using the App. We may also provide information to defend against any assertion of breach of our App Terms of Use or other policies applicable to the App or to a claimed owner of intellectual property who claims that content you provided infringes on their rights. We may use Device Identifiers, including IP addresses, to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies in our discretion.

Third-Party Analytics and Advertising Partners:  We may share information about how you use the App and interact with content or ads to better tailor services, marketing and advertising on our App. These third parties may use their own tracking technologies to collect or request information about you, please see our Cookie Policy for more information. We reserve the right to share non-personal information, such as aggregate user statistics, demographic information and usage information with third parties, including advertisers, content providers, and analytics providers.

Social Media/Integration with Third Party Properties: The App may permit you to interact with a third-party site or service. If you choose to interact with another site via any the App (e.g., sharing content or otherwise posting information from or via the App to a third-party site or service), that information may be publicly displayed, and the third party may have access to certain information about you and your use of the App. Similarly, if you interact with us through a third-party site, we may have access to information about you (for example, if you “like” or “follow” our App on a third-party site). When you choose to interact with a third-party site or service, that third party may collect information about your use of the App and may publish that activity to your profile or similar feature on that third-party site (such as if you choose to share one of your golf course reviews from the App with your connections on the third-party site). The information collected and stored by the third party remains subject to the third party's privacy practices, including whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third-party site.

HOW LONG WE MAINTAIN INFORMATION

We only maintain your information for as long as is necessary or of value to reporting or of value to conduct business. We take care to only retain personal information for as long as is needed in order to continue to provide you with the services you receive through the App. If you wish to discontinue receiving messaging from us, you may indicate that desire at any time by clicking on the unsubscribe function on one of our email communications. Additionally, we will maintain your account information for your ease of use of the App, and for fulfillment of purchases made through the App. We will maintain your data for as long as is needed to fulfill your transactions and to reference your purchases for the relevant time period. We will also maintain your data for as long as needed to comply with tax laws and other reporting and regulatory time periods. When you have created and maintained an active App user account, we will maintain your personal information associated with that account until you notify us to delete your account or certain of your personal information.

YOUR RIGHTS TO YOUR INFORMATION

We believe in your right to access and maintain your information as it exists within the App. Accordingly, you may update your account information at any time by accessing the “Account Information” section of the App. If you wish for us to modify information that is inaccessible to you or to remove your information entirely, please submit your request via email (info@arcisgolf.com).

In addition, the local laws where you live may permit you to make certain requests. See the section applicable to the place of your residency below.

We will ask for you to verify your identity as the account holder prior to fulfilling any request you may have about your personal data – to ensure that the data we control is secure and protected. We will make good faith efforts to make requested changes in our then active databases. If you make changes, information may persist internally for administrative purposes and that residual data may remain on backup media or for other reasons.

If you have made any public postings on or through the App, those posts usually will not be removed.

Opting-Out: You may opt out of receiving marketing emails by following the opt-out instructions provided to you in those emails. Please note that we reserve the right to send you certain communications relating to your account or use of the App (for example, administrative and service announcements) and these transactional account messages may be unaffected if you opt-out from marketing communications. You may opt-out of push notifications by managing settings in your phone or removing the app.

ABOUT THIS POLICY

Security: We take commercially reasonable security measures to protect the personal information submitted to us, both during transmission and once we receive it. For example, when you enter certain personal information, such as a credit card number and CCV2 number on our checkout forms, that information is encrypted using secure socket layer (SSL) technology, to help protect the communications between you and our payment partners. However, no method of electronic transmission or method of electronic storage is 100% secure. Therefore, we cannot guarantee the security of any information you submit and you do so at your own initiative and risk.

Consent to Data Processed and Hosted in the United States: Arcis Golf, all Partner Courses and our third party service provider Club Caddie are United States entities. If you live outside of the United States, but are using the App for activities related to Partner Courses in the United States, please be aware that, subject to applicable laws and regulations, information collected through the App will be transferred to and processed in the United States. By using the App, you fully understand and consent to this transfer, processing and storage of your information in the United States.

Changes to this Privacy Policy: We may update this Privacy Policy at any time and any changes will be effective upon posting. In the event that there are material changes to the way we treat your Personal Information, we will provide notice through the App. We may also notify you by email. Your continued use of the App after such notice constitutes your consent to the changes.

Age Restrictions: Our services are general audience services and are not intended for individuals younger than the age of 18. We do not knowingly collect Personal Information from individuals younger than the age of 18. If Arcis Golf discovers that it has inadvertently collected Personal Information (as defined below) from anyone younger than the age of 18, it will delete that information. In addition, you must be at least 18 years of age to make a purchase through the App.

California Privacy Rights: Shine the Light Disclosure:  Under California Civil Code Section 1798.83, California residents who provide us personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us one time per calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. To obtain this information from us, please send an email message via email (info@arcisgolf.com) or contact Arcis Golf customer service at 214-722-6000.  You must put the statement “Your California Privacy Rights” in the subject field of your email or in your writing if you write to us at the designated mailing address. You must include your name, street address, city, state, and zip code. We will provide the requested information to you at your mailing address, or at our option, your email address in response. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Nevada Residents: Pursuant to Nevada law, consumers in Nevada have the right to opt-out of the sale of certain covered personal information, as those terms are defined under applicable Nevada law. If you are a Nevada resident and would like to opt-out of the sale of the covered personal information we have collected about you through the App, please send an email message via email (info@arcisgolf.com) or contact Arcis Golf customer service at 214-722-6000. Your request must include “Nevada Opt-Out” in the subject line and the email should include your full name, street address, city, state and zip code. Please contact us from the email address you have used to interact with us, or else provide us with that email address in your Nevada Opt-Out request email. We may contact you via the email address you use to contact us as needed regarding this request. If you previously provided a phone number to us, including it in your Nevada Opt-Out request email will assist us in identifying you and processing your request. We are not responsible for requests that do not come through the designated request mechanism or do not contain sufficient information to allow us to process your request. You may also be required to take reasonable steps as we determine from time to time in order to verify your identity and/or the authenticity of the request. Arcis Golf will respond to your request within sixty (60) days either confirming that your request has been processed or indicating that we need an additional thirty (30) days to complete the request.

Contact Us: We take your protection of your personal information seriously. If you have questions or comments about our App Privacy Policy, you can contact the Arcis Golf customer service at 214-722-6000 or via email (info@arcisgolf.com) for assistance. For ease of communication, please indicate the Host and/or Partner Course at which you utilized this App.