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Privacy Policy

Updated: March, 2022

Topgolf International, Inc., a company having its principal place of business at 8750 N. Central Expressway, Suite 1200 Dallas, TX 75231, and its subsidiaries ("Topgolf" or "we" or "our" or "us") provide this Privacy Policy to describe the types of personally identifiable information collected about you (“personal information”), what we do with it and with whom we share it. It is your responsibility to review this Privacy Policy carefully, especially before providing any personal information at our physical locations or locations where our products or services are installed ("Locations") or through any website or our mobile applications (collectively, "Sites").

Please note that the headings contained in this Privacy Policy are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction or scope of any of the provisions contained in this Privacy Policy.

PLEASE REVIEW THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS AGREEMENT FOR THIS SITE CAREFULLY. AS PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SITES SIGNIFIES YOU HAVE READ, UNDERSTOOD AND AGREE TO THIS PRIVACY POLICY AND TERMS AND CONDITIONS AGREEMENT.

If you are visually impaired, you may access this Privacy Policy through audio readers on this Site.

 

Summary of Key Points


Information We Collect

Personal information collected about you includes your name and address, gender, age, telephone number and email address, and other information we maintain about you when you visit our Locations and voluntarily contact us through our Sites, including information you provide on sign-up and membership registration pages, surveys, or other submission and/or purchases through our Sites. We also collect certain personal information through your use of a mobile device, such as smartphones, tablets and iPads. This information includes your mobile device identifier, device type and IP address. To learn more about how to control the collection of the information we collected about you from such devices, please see the Sites Usage Information & Cookies section below. The Privacy Policy does not apply to personal information collected from employees in the EU.

In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources. For example, if you submit a job application, or become an employee, we may conduct a background check.


How Personal Information We Collect is Used

The personal information collected is combined with other information collected about you and is used and disclosed in a number of ways by us, to help us better understand and serve our customers, including:

  • providing you with, or otherwise responding to your requests for, information and/or services, including but not limited to e-newsletters, marketing programs, forward-to-a-friend or other options in our marketing programs;
  • providing you with information about new products or services, events at our Locations, events that Topgolf sponsors, including contests, sweepstakes and surveys, and other special offers and marketing programs, which may include information about partner companies or other programs any of us or them are involved with;
  • displaying a member’s first and last name and/or username on Leaderboards at Locations as well as on any digital platform such as our Sites and social media;
  • enhancing our customers' experiences at our Locations and on this Site;
  • processing payments for merchandise purchase on our Site;
  • analyzing customer behaviors and trends;
  • conducting research and analysis and to otherwise measure the effectiveness of our online and offline marketing efforts and to develop products, services and marketing programs;
  • coordinating program activities and communications with other marketing programs conducted by us.

Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose. For example, if you complete an online purchase we may collect your information to perform our obligations to you, but we also collect your information as we have a legitimate interest in maintaining your information after your transaction is complete so that we can quickly and easily respond to any questions about your order. As a result, our collection and processing of your information is based in different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our business.

We do not sell or rent to third parties any of the personal information that you provide to us through our Sites or at our Locations, or authorize any of our suppliers to sell or rent any such personal information, and we do not authorize any of our suppliers to make independent use of your personal information for their own purposes, including but not limited to direct marketing. We may provide your information to partner companies with your permission and we may permit partner companies to collect your information directly from you with your permission. However, aggregated information about customers utilizing our Sites, in surveys or otherwise providing information to Topgolf will be utilized by Topgolf and/or suppliers in connection with research, benchmarking and other like uses related to general usage analytics.


Site Usage Information & Cookies

Like most websites, our Sites tracks the total number of visitors to each Site, the number of visitors to each page of our Sites, pages visited per use, browser type, IP addresses, exit page, duration of use, and operating system type, in order to administer our Sites and analyze trends and statistics to evaluate our visitors' preferences and the effectiveness of the Site. We share anonymous, aggregated statistics about visitors to our Sites with third parties, and we allow third parties to collect aggregate data through our Sites and/or supplier sites accessible from or though our Sites for these purposes.

For purposes of collecting the aggregate data mentioned above and for other reasons stated here, our Sites uses cookies and related technologies ("cookies") to enhance the browsing and usage experience on our Site. "Cookies" are small files or records that are placed on a visitor's device or browser (by us or a third-party provider of ours) to collect information about your activities on our Site. The information captured about your activities on our Sites will make it possible for us: (i) to speed navigation and provide you with custom-tailored content; (ii) to remember information you gave to us so you don't have to re-enter it each time you visit the Site; (iii) to monitor the effectiveness of certain of our marketing email campaigns; (iv) to monitor the total number of visitors, pages viewed, and banners served on our Site; and (v) to enforce limitations on downloads described for online coupons and other similar offers. If you refuse cookies, your experience on our Sites may be affected — for example, you may not be able to utilize all of the functions on this Site. As detailed below, we also allow certain trusted partners to place cookies on our Sites and services in order to provide personalized marketing to you.

Your Choices

You can review your Internet browser settings, typically under the sections "Help" or "Internet Options" to exercise choices you have for certain cookies, including for interest-based advertising. If you disable or delete certain non-essential cookies, you might not be able to access or use important functions or features of our Sites or services, and you may be required to re-enter your log-in details. Please note you may also still receive advertisements from the relevant ad serving company you opted out of, but the ads will not be tailored to your interests. For our mobile app, please review your device settings or third party tools available.


Contests/Sweepstakes

On occasion, Topgolf may conduct or sponsor contests/sweepstakes with the opportunity to win prizes. Each contest/sweepstakes has its own terms and conditions ("Official Contest/Sweepstakes Rules"). As part of entering a contest or sweepstakes online through our Sites or through a third-party provider site, certain personal information (including your name, address, phone number) is required. This information will be used as described in the applicable Official Contest/Sweepstakes Rules.


Sharing Your Personal Information

In addition to the specific situations discussed elsewhere in this policy, we disclose information in the following situations:

  • Affiliates and Acquisitions. We may share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires, or plans to acquire, our company, business, or our assets, we will also share information with that company, including at the negotiation stage.
  • Other Disclosures with Your Consent. We may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this policy.
  • Other Disclosures without Your Consent. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third party intermediary.
  • Public. Some of our Sites may provide the opportunity to post comments, or reviews, in a public forum. If you decide to submit information on these pages, that information may be publicly available.
  • Partner Promotion. We may offer contests, sweepstakes, or other promotions with third-party partners. If you decide to enter a contest, sweepstakes, or promotion that is sponsored by a third-party partner the information that you provide will be shared with us and with them. Their use of your information is not governed by this Privacy Policy.
  • Service Providers. We may share your information with service providers. Among other things service providers may help us to administer our Sites, conduct surveys, provide technical support, process payments, fraud prevention and assist in the fulfillment of orders.

In addition, we may share data in other unanticipated circumstances with your prior valid consent.


Children's Privacy

We do not knowingly collect any personal information from children under the age of thirteen (13) years. Our Sites are directed to persons who are at least thirteen (13) years of age. If a parent or guardian is made aware that a child under the age of 13 has provided us with personal information through any point of contact, we ask to be contacted at the below email address, and we will delete the information about the child referenced from our files. If Topgolf has actual knowledge that personal information about a person under the age of 13 has been collected without appropriate parental consent, then Topgolf will take the appropriate steps to delete such information. Topgolf does not sell the personal information of minors less than 16 years of age without affirmative authorization


Security of Your Personal Information

Topgolf takes and requires that its suppliers take reasonable and appropriate steps to keep your personal information confidential. Although we can't guarantee that there will never be a security problem, we have in place appropriate security measures to guard against the loss or misuse of the information collected on our Sites and at our Locations. In the event that we are required by law to inform you of a breach to your personal information, we may notify you electronically, in writing, or by telephone, if permitted to do so by law. You use our Sites and visit our Locations and provide us information at your own risk.


Changes in Our Privacy Policy

We may change our Privacy Policy and practices over time. To the extent that our policy changes in a material way, the policy that was in place at the time that you submitted personal information to us will generally govern that information unless we receive your consent to the new privacy policy.


Changing Your Information - Data Subject Rights

You may be entitled to certain choices regarding your personal information. Please note that in order to exercise these rights, we may have to verify your identity to make sure you are exercising rights related to personal information belonging to you. Depending on your request, we may request certain information from you in order to verify your identity and residency using personal information already provided by you such as your name, address, username, Topgolf product, member ID or email address, prior to granting any data subject access request, including a request for access or deletion of data. We may also ask you to provide a signed declaration confirming your identity. Following a request, we will use reasonable efforts to supply, correct or delete personal information about you in our files.

In some circumstances, you may also appoint an authorized agent to submit requests to exercise certain privacy rights on your behalf. We will require verification that you provided the authorized agent permission to make a request on your behalf. You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us. If you are an authorized agent, please see section below regarding submitting requests.

Please note, if you elect to exercise one of your choices listed below, you will not receive discriminatory treatment by us for exercising your privacy rights that are conferred upon you by law. You can make the following choices regarding your personal information:

  • Access To Your Personal Information. You may request access to your personal information by completing this form or calling us at 214-453-5418. If required by law, upon request, we will grant you reasonable access to the personal information that we have about you.

    If you are an EU data subject, upon your request, we will provide this information to you in a structured, commonly used and machine-readable format and can transmit the information directly to another data controller. Note that California residents may be entitled to ask us for a notice describing what categories of personal information (if any) we share with third parties or affiliates for direct marketing.
  • Changes To Your Personal Information. We rely on you to update and correct your personal information. Most of our Sites allow you to modify or delete your account profile. Note that we may keep historical information in our backup files as permitted by law. If our Sites do not permit you to update or correct certain information, please contact us at the address described below.
  • Deletion Of Your Personal Information. Typically we retain your personal information for the period necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required or permitted by law. You may, however, request information about how long we keep a specific type of information, or request that we delete your personal information by completing this form or calling us at 214-453-5418. If required by law we will grant a request to delete information, but you should note that in many situations we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.
  • Objection to Certain Processing. You may object to our use or disclosure of your personal information by contacting us at the address described below. We do not discriminate against California consumers who exercise any of their rights described in this policy.
  • Online Tracking. We do not currently recognize automated browser signals regarding tracking mechanisms, which may include "Do Not Track" instructions.
  • Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in e-mails that you receive. If you decide not to receive promotional emails, we may still send you service related communications.
  • Promotional Mailings. If at any time you do not want to receive offers and/or circulars from us you can remove yourself from our mailing lists by emailing us (our contact information is below) with "NO SNAIL MAIL" in the subject line along with your name, address and zip code. Please note that our mailings are prepared in advance of their being sent. Although we will remove your name from our mailing list after receiving your request, you may still receive mailings from us that had been initiated prior to your name being removed.
  • Promotional Text Messages. If you receive a text message from us that contains promotional information you can opt-out of receiving future text messages by replying 'STOP.'
  • Revocation Of Consent. If you revoke your consent for the processing of personal information then we may no longer be able to provide you services. In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity. You may revoke consent to processing (where such processing is based upon consent) by contacting us at the address described below.
  • Authorized Agent. If you are an authorized agent submitting a request on behalf of an individual you must attach a copy of the following information to the request:
    • A completed Authorized Agent Designation Form indicating that you have authorization to act on the consumer’s behalf.
    • If you are a business, proof that you are registered with the Secretary of State to conduct business in California.
    If we do not receive both pieces of information, the request will be denied.

Our Sites provide links to websites not operated by Topgolf, including our suppliers or partners. Topgolf requires that its suppliers take steps to keep your personal information confidential. Notwithstanding the foregoing, Topgolf assumes no responsibility for third-party websites, including but not limited to the privacy practices of these third-party sites. We encourage you to be aware of this when you leave this Site, and we recommend that you review the privacy policies of every website that collects personal information from you. This Privacy Policy applies only to our Sites and our Locations.

Although we endeavor to alert you when you are about to leave our Sites when you click on a link to a third party site, Topgolf does not guarantee that you will receive this alert when you leave this Site. It is your responsibility to determine when you have left this Site.


Cross-Border Data Transfers

As a multi-national company we transmit information between and among our affiliates. As a result your information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country. Nonetheless, where possible we take steps to treat personal information using the same privacy principles that apply pursuant to the law of the country in which we first received your information. By submitting your personal information to us you agree to the transfer, storage and processing of your information in a country other than your country of residence including, but not necessarily limited to, the United States. In addition, we transfer your personal information to third-party service providers to assist with various services, including, but not limited to, transaction processing and fraud prevention. These service providers may be located in other countries. If you would like more information concerning our attempts to apply the privacy principles applicable in one jurisdiction to data when it goes to another jurisdiction you can contact us using the contact information below.


Other Issues

What are the consequences of not providing personal information?

You are not required to provide all personal information identified in this Privacy Policy to use our Sites or the services, but certain functionality will not be available if you do not provide personal information. If you do not provide personal information, we may not be able to enter you into contests, respond to your requests, or provide you with marketing that we believe you would find valuable.

Do we engage in automated decision-making without human intervention?

We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or otherwise significantly affects you.

South Korea Privacy Rights
Certain specific privacy rights apply to you if you are a South Korean resident. These are set out in the following sections.

Details of third-parties with whom we share your information
If you are a South Korean resident, you may request information from us about how we may share certain categories of your personal information with third parties. We may provide third parties with your information as set forth below:

Third Party Recipients / Location Contact Information for Personal Information Related Inquiries Personal Information Collected,
Purposes, and Retention
Method of Transfer
Authorize.net / United States CyberSource Corporation
P.O. Box 8999
San Francisco, CA 94128
ATTN: Data Use and Privacy Office Fax: (650) 286-6547
OR
CyberSource Limited
P.O. Box 3073 Reading RG1 9YB United Kingdom
ATTN: Compliance Officer
Fax: +44 (0)118 990 7301
Authorize.net is a Services payment processor. Your registration information will be processed for the period necessary to fulfill the purposes outlined in this Privacy Policy and in accordance with applicable law. Data transfer agreement.
Amazon.com, Inc. / United States Customer Service
PO Box 81226 Seattle, WA 98108-1226, United States
Amazon.com, Inc. is a cloud service provider. Your general personal information will be processed by Amazon.com, Inc. for storage purposes for the period necessary to fulfill the purposes outlined in this Privacy Policy and in accordance with applicable law. Data transfer agreement.

 

Transfer of Information Overseas
Our computer systems are currently based in the United States ("U.S."), so at the time the personal information detailed above is collected and processed for the above mentioned purposes; it is maintained by us in the U.S. We provide appropriate protections for cross-border transfers as required by law for international data transfers, including the Act on Promotion of Information and Communications Network Utilization and Information Protection of the Republic of Korea. We retain your personal information based on the time period detailed below.

Collection of Opinions and Handling of Complaints
If you have any questions regarding this Privacy Policy, you may raise your questions with us as detailed below.

Information for California Residents
Under the California Consumer Privacy Act ("CCPA") organizations are required to make certain disclosures, including the categories of information we collect and how it is used, and the categories of information “sold” or transferred for an organization's “business purpose”, as those terms are defined under California law effective January 1, 2020. You can find a list of the categories of information that we share here. Please note that because this list is comprehensive it may refer to types of information that we share about people other than yourself. You may request access to information we have collected about you in the preceding 12 months or request to delete the information we have collected from you by completing this form or calling us at 214-453-5418.

Under California Civil Code Section 1798.83, California residents have the right to request, one time per calendar year, information about the customer information we shared, if any, with third parties for their own direct marketing purposes during the preceding year. As noted above, we will not share personal information about you with third parties for their own direct marketing purposes without your consent (opt-in or opt-out). If you would like more information concerning the categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing please submit a written request by completing this form or calling us at 214-453-5418.

We do not discriminate against California residents who exercise any of their rights described in this Policy.


Questions and More Information

If you reside in the European Economic Area, you can also write to our representative in the European Union at the following address:

Topgolf Sweden AB
Attn: Privacy
Svärdvägen 11 4tr, SE-182 33 Danderyd
Sweden

If you reside in the United Kingdom, you can also write to our representative in the United Kingdom at the following address:

Topgolf Limited (UK)
Unit 8, Shepperton Business Park, Govett Avenue
Shepperton, TW17 8BA

Please note that you also have the right to lodge a complaint with your local Supervisory authority. This Privacy Policy was last updated: March, 2022.