Updates to our Privacy Notice have an Effective Date of Jan 3, 2024
This Topgolf Callaway Brands Privacy Notice applies to the websites, mobile applications, physical locations, and other features and services owned or operated by Topgolf Callaway Brands Corp.or one of its subsidiary or affiliated companies (collectively, "Topgolf Callaway Brands") that provide this Privacy Notice (collectively, the "Sites"). This Privacy Notice describes our data and privacy practices with regard to the Sites. We may combine data we collect online and offline.
Please take a moment to review this Privacy Notice. Please also review our Terms and Conditions, which govern your use of the Sites. Please note that certain features or services discussed in this Privacy Notice may not be offered on the Sites at any particular time. By using these Sites, you agree to the collection, disclosure, and use of your data as described in this Privacy Notice. If you do not agree with the terms of this Privacy Notice and the applicable Terms and Conditions, do not access or use the Sites or Topgolf Callaway Brands' services or provide personal information to us.
We collect data from you directly, automatically when you visit the Sites through cookies and other technologies, and sometimes from third parties. Some of this data may be considered "personal information" or “personal data,” some of which may be considered “sensitive,” under various applicable laws. We consider data that identifies you as a specific, identified individual to be personal data (such as your name, phone number, email address, etc.), and we treat additional data, including IP addresses and cookie identifiers, as "personal data" where required by applicable law. If we combine data that we consider to be non-personal with personal data, we will treat that combined data as personal data under this Privacy Notice.
We may de-identify or pseudonymize personal data so that it is non-personal, such as by aggregating it or converting it to a code, sometimes using a function commonly known as a "hash. "We maintain and use de-identified data without attempting to re-identify it, except where permitted by applicable law, such as to determine whether our de-identification processes satisfy legal requirements. We will treat de-identified or pseudonymized data as non-personal to the fullest extent allowed by applicable law.
The following chart sets out the category of personal data that we may collect (“Category”), the purposes for which the data may be collected (“A. Purposes”), the categories of third parties to whom the data may be disclosed for a business purpose (“B. Disclosed To”), and the categories of third parties to whom the data may be sold for monetary value or other valuable consideration or shared for cross context behavioral advertising/targeted advertising (“C. Sold To/Shared With”).
Please also see the “ Additional Details About Our Data Practices” section below the chart for additional information on certain types of personal data collection and use.
This summary provides an overview of some important information regarding our collection, use, and sharing of data. PLEASE REVIEW OUR FULL PRIVACY NOTICE BEFORE USING OUR SITES.
We may collect personal information from you, which we primarily use in connection with your relationship with Topgolf Callaway Brands, your use of the Sites, processing your transactions, and for sending you information from us or on behalf of certain third parties. We also automatically collect data through your use of the Sites, which may include data about your location. We may also collect data about you from third parties. Please review the "Personal, Sensitive, and Non-Personal Data We Collect and How We Use and Disclose It” section of this Privacy Notice for a full description of the data we collect and how we use that data. Remember that if you participate in community forums and similar features on the Sites, your data may be publicized.
We may share your data with our subsidiaries and affiliates, third party service providers, and other third parties for a variety of business purposes, including direct marketing purposes. For more details, please review the "Personal, Sensitive, and Non-Personal Data We Collect and How We Use and Disclose It” section below.
You have certain rights to control how we use your personal information, which are listed in the Your Choices section. Certain jurisdictions provide additional rights. Please see the Jurisdiction-Specific Rights section for additional rights you may have.
Topgolf Callaway Brands works with network advertisers, ad agencies, analytics providers, and other third-party vendors who may set and access their own tracking technologies (such as cookies and web beacons) and may otherwise collect or have access to data about you and your interactions with us. They may use that data to serve you targeted ads on our Sites and elsewhere online. We and our third-party partners may also use this data to enhance and personalize your user experience and to analyze, monitor, and improve the effectiveness of our products and services, communications, and customer service. For more information, including your opt-out choices, please review our Ad and Cookie Notice.
Contact Information: This may include your first and last name, phone numbers, email address, and billing and shipping addresses. This may also include your social media handle.
A. Purposes | (1) Provide You Services: To process transactions and fulfill your orders; provide the Sites to you and allow you to participate in the features our Sites offer, including to register and manage your account; respond to your inquiries and send you information you have requested or agreed to receive, such as newsletters; register and manage your loyalty account; send you transactional messages regarding your use of our Sites, purchases, and other account-related communications; administer your participation in sweepstakes and promotions; provide customer support; and send you product review, cart abandonment, and browse abandonment emails; |
B. Disclosed to: | (1) Other Users; |
C. Sold To/Shared With: | (1) Third Party Advertising and Analytics Providers; |
Transaction Information: This may include data about the products and services you purchased and considered; your returns, exchanges, and cancellations; when you ordered or received the products and services; and sweepstake or contest participation.
A. Purposes | (1) Provide You Services: To process transactions and fulfill your orders; provide the Sites to you and allow you to participate in the features our Sites offer, including to register and manage your account; respond to your inquiries and send you information you have requested or agreed to receive, such as newsletters; register and manage your loyalty account; send you transactional messages regarding your use of our Sites, purchases, and other account-related communications; administer your participation in sweepstakes and promotions; provide customer support; send you product review, cart abandonment, and browse abandonment emails; |
B. Disclosed to: | (1) Third Party Advertising and Analytics Providers: Such as analytics companies, third party advertisers, and marketing agencies, including those who assist us with surveys and market or product research and development; (2) Third Party Business Partners: Unaffiliated parties that are joint marketing and licensing partners; (3) Data Brokers; (4) Technology Systems Service Providers: Such as webhosts, database hosts, cloud computing providers, software-as-a-service providers, and technology maintenance and repair vendors; (6) Social Media Platforms; (7) Sweepstakes/Contest Partners: Such as administrators, other prize providers, and prize fulfillment vendors; (8) Order Fulfillment Vendors: Such as payment processors, fulfillment centers, delivery services, order tracking vendors); (9) Communication Services Providers: Such as email delivery vendors; (10) Customer Service Providers: Such as call centers and live and automated chat vendors; (11) Government Agencies and Law Enforcement/Where Required by Law: Including third parties in connection with a court or other legal proceeding); (12) Topgolf Callaway Brands Family of Companies: See brands here; (11) Security Vendors; (12) Third parties in the course of a business transition; (13) Third parties to whom you agree or direct us to share your data; (14) Other service providers who use your data solely to provide services to us or to you |
C. Sold To/Shared With: | (1) Third Party Advertising and Analytics Providers; |
Payment Information: This may include your credit or debit card number, expiration date, and other payment data.
A. Purposes | (1) Provide You Services: To process transactions and fulfill your orders; provide customer service, including to respond to and handle inquiries related to your order; |
B. Disclosed to: | (1) Order Fulfillment Vendors: Such as payment processors; |
C. Sold To/Shared With: | This category of data is not sold or shared for targeted advertising. |
Data Collected Automatically
Device ID/Interaction Information
Precise and Approximate Location Data
Session Replay Technology
Data We Receive or Collect from Third Parties
In General
Send to a Friend Features and Data You Provide About Others
Fitbay Locations CCTV Camera Data Collection
Data You Provide Directly
Chat
Market Research Surveys
Employment Applications
Photos and Videos
Data We Disclose to Third Parties
Social Media Interactions
Third Parties Providing Services on Our Behalf
Topgolf Callaway Brands Family of Companies
Sweepstakes, Contests, Promotions
Business Transitions
Access Your Information/Data Portability
Delete Your Information
Correct Your Information
Opt-Out of Targeted Advertising
Opt-Out of Sales of Your Personal Information
Colorado, Connecticut, Utah, and Virginia
Nevada
California
Device ID/Interaction Information : This may include details about the device you use the access the Sites, such as IP address, mobile device ID, other unique ID, device model, operating system version, device date and time, mobile network information, approximate location information, the site or advertisement that referred you to our Site.
A. Purposes | (1) Provide You Services: To process transactions and fulfill your orders; provide the Sites to you and allow you to participate in the features our Sites offer and navigate the Sites; respond to your inquiries and send you information you have requested or agreed to receive; administer your participation in sweepstakes and promotions; provide customer support; send you product review, cart abandonment and browse abandonment emails; |
B. Disclosed to: | (1) Third Party Advertising and Analytics Providers: Such as analytics companies, third party advertisers, and marketing agencies, including those who assist us with surveys and market or product research and development; (2) Social Media Platforms; (3) Data Brokers; (4) Technology Systems Service Providers: Such as webhosts, database hosts, cloud computing providers, software-as-a-service providers, and technology maintenance and repair vendors; (4) Communication Services Providers: Such as email delivery vendors; (5) Customer Service Providers: Such as call centers and live and automated chat vendors; (6) Government Agencies and Law Enforcement/Where Required by Law: Including third parties in connection with a court or other legal proceeding; (7) Topgolf Callaway Brands Family of Companies See brands here; (8) Security Vendors; (9) Third parties in the course of a business transition; (10) Third parties to whom you agree or direct us to share your data; (11) Other service providers who use your data solely to provide services to us or to you |
C. Sold To/Shared With: | (1) Third Party Advertising and Analytics Providers; |
The Sites work with a number of third-party partners or technologies to collect data automatically when you visit or interact with the Sites, including the following third-party trackers (please note that the list of third-party trackers is subject to change at any time, and may not be wholly comprehensive):
ActionIQ: ActionIQ may be used to create user audiences to better personalize user experiences onsite, in email, and in advertising.
Acuity: We use Acuity to allow consumers to schedule fittings at retail, as well as our Distance Fitting experience.
AppNexus: AppNexus is a display advertising exchange that we use to manage and optimize our display advertising activity. AppNexus tools help us to facilitate the buying and selling of media advertising inventory through this online exchange. For more information about how to opt-out of AppNexus cookies, you can go here.
BazaarVoice: We use BazaarVoice to track product purchases as well as non-transactional events across our sites.
Bing Ads: Bing Ads allows us to have our advertisements appear at the top of the results page for certain search engines. This helps us direct users to our website.
ContentSquare: We use ContentSquare's session replay technology to optimize users' digital experience, enabling our teams to understand, prioritize, and address experience gaps and opportunities.
Cquotient: We use Cquotient to personalize user experiences.
Criteo: We use Criteo to build, manage and optimize our display advertising activities. Please review the Criteo privacy policy located at http://www.criteo.com/privacyfor more information about how Criteo processes your personal information.
DoubleClick: DoubleClick allows us to capture and report on the actions of users who visit our website after viewing or clicking on one of our paid search ads. This allows us to determine the effectiveness of our online campaigns in terms of both sales and user activity on our sites.
Dynamic Yield: This is used to personalize your experience onsite.
DV360: DV360 may be used for native advertising and marketing our products to users across the web.
Facebook Connect: We use this technology to allow users to share their experiences with our apps and websites on Facebook. For example, we may collect your browser information, demographic data, and interaction data.
Facebook Custom Audience and Facebook Pixel: We use Facebook Custom Audience and Pixel to deliver ads on Facebook to a certain group of users.
Facebook Impressions: We use Facebook Impressions to track the number of people that interact with our content on Facebook.
Flash Talking: Used to serve and personalize our advertising.
Forter: We use Forter to help us prevent fraudulent transactions.
Google AdWords Conversion: We use conversion tracking to help us understand how effective our digital campaigns are.
Google Analytics: We use Google Analytics to collect information about how visitors use our website. Google Analytics uses cookies and similar technologies to collect and analyze information about the use of the Sites and report on activities and trends. For example, we collect details of the site where the visitor has come from and the total number of times a visitor has been to our website. Google Analytics may also collect information regarding the use of other websites, apps, and online resources. You can learn about Google's practices by going to google.com/policies/privacy/partners, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at tools.google.com/dlpage/gaoptout.
LiveChat: We use LiveChat to provide customer support via chat.
OneTrust: We use OneTrust to manage cookie consent for website visitors from California. This allows users to opt out of third-party cookies.
Partnerize: We use Partnerize to manage our affiliate marketing program.
Reddit: We use Reddit conversion event and impression tracking to track the number of users who engage with links, add to cart, and purchase from Reddit.
Responsys: We use the Responsys pixel to conduct conversion analytics based on email marketing.
Teads: Teads may be used for native advertising and marketing our products to users across the web.
TikTok: TikTok is a social media platform which we use for advertising our products, content, and brands.
Turn: Turn is a display advertising exchange that we use to manage and optimize our display advertising activity.
Twitter Conversion Tracking Pixel: We use Twitter conversion tracking to track the number of people that interact with our content and purchase from Twitter.
YouTube: YouTube is a video platform which we use for advertising our products, content, and brands.
We provide the Callaway Rewards Program which is a customer-reward program that provides you with loyalty benefits to earn points from qualifying activities such as making eligible purchases, trading in clubs, and attending local demo days. These points are redeemable for rewards, free shipping, access to special offers, early access to products, and more. This program is subject to termination at any time at our sole discretion. Additional information on the Callaway Rewards Program is available here.
Impact of Deletion of Personal Data. If you are a Callaway Rewards Program member who is eligible to and chooses to exercise your right to delete your personal data, your account, any accrued points associated with the account, your contact information, and any other information tied to your membership will also be deleted. There is no benefit of the program that can be extended to you after the deletion of your personal data.
Our program is based on points which accrue to your login credentials. Points are accumulated based on completion of certain qualifying activities (see Rewards terms for additional information). Without the ability to relate and track your qualifying activities to your account, which will be deleted as a result of your request, we will be unable to add or deduct points based on your activity or access any previously accrued points.
Without your email address, we will be unable to offer you access to products and services as well as member-only offers associated with your account.
If you choose to exercise your data privacy rights such that your membership in the Callaway Rewards Program is impacted, we will notify you at the contact information you have provided to us, of the consequences of your decision at least five (5) days prior to discontinuing your membership or benefits.
If you are a California consumer, please review our Notice of Financial Incentive.
Data Privacy Choices.You are responsible for maintaining the accuracy of the personal information you submit to us, such as your contact data. You may be able to change your preferences with regard to the communications you receive from us for one or more of our Sites by logging into the "My Account" or similar page for a Site. Changing your preferences for one of our brands or Sites may not change your preferences for all Topgolf Callaway Brands Sites. Topgolf Callaway Brands will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. Data may persist internally for administrative purposes and may remain on backup media or for other reasons.
You may exercise the privacy choices listed below by filling out this form or calling us at1-833-681-0358.
Access Your Personal Information/Data Portability. You may confirm whether we are processing your personal data and request access to such data. You may also request a copy of the personal data previously provided by you to us and, to the extent feasible, in a readily usable format to allow for data portability.
Delete Your Personal Information.
Correct The Personal Information We Hold About You.
Opt-Out of Targeted Advertising.Topgolf Callaway Brands engages in online advertising practices - and certain analytics or similar activities - that may be considered “targeted advertising” under certain laws. To disable sharing through cookies set by third parties that may be considered targeted advertising under such laws, adjust your cookie settings by clicking “Manage Cookie Preferences” in the footer of the Site and clear your cookies on your browser. Please also review the Third-Party Advertising and Analyticssection above for information on industry tools and device settings that may be available to you.
Opt-Out of Sale of Your Personal Information.
Certain jurisdictions provide additional privacy rights, as discussed in the Jurisdiction-Specific Rights section below.
Marketing Communications from Us.We may provide you with the option to update your information or to opt-out of marketing communications. You may be able to change your preferences with regard to the communications you receive from us for one or more of our Sites by logging into the "My Account" or similar page for a Site. Changing your preferences for one of our brands or Sites may not change your preferences for all Topgolf Callaway Brands Sites.
Emails.You may opt out of receiving marketing e-mails by following the opt-out instructions provided to you in those e-mails. Please note that we reserve the right to send you certain communications relating to your account or use of the Sites (for example, order confirmations or responses to communications we receive from you) and these transactional account messages may be unaffected if you opt-out from marketing communications. If you want to opt out of having your data shared with unaffiliated third parties for their own marketing purposes, please email us.
Text Messages.If Topgolf Callaway Brands offers and you choose to sign-up to communicate with us via text message, you may unsubscribe by replying "STOP." To learn more, refer to the Text Messaging Terms and Conditions below.
Push Notifications. You can turn off push notifications in your device settings.
Certain content on the Sites may be hosted and served by third parties, and the Sites may contain links to third party websites that Topgolf Callaway Brands does not control. For example, our Sites may provide links to third party sites through which you can watch videos, purchase merchandise, products or services or which link to a product or service offered by a third party.
The Sites may also contain certain third-party applications, such as email, web browser toolbars, wallpapers, or other downloads or software applications. These links and applications may include, for example, those that use a Topgolf Callaway Brands logo as part of a co-branding agreement. In addition, Topgolf Callaway Brands widgets or other Topgolf Callaway Brands content may be included, among other places, on web pages and websites that are not associated with Topgolf Callaway Brands and over which we have no control. These third parties may collect Device ID/Interaction Information through the use of their own cookies and web beacons, independently collect data or solicit personal data, and may have the ability to track your use of their sites and services. Topgolf Callaway Brands is not responsible for the privacy or other practices employed by any third party.
If Topgolf Callaway Brands offers recurring text messaging programs and occasional one-time or limited-duration text messaging programs, these terms and conditions govern.
By signing up to participate in our text messaging programs, you agree to these terms and conditions and our Privacy Notice,which are all contracts between us, and you that grant us certain rights and licenses, provide us certain indemnities, waive certain of your rights and remedies, and limit our liability and obligations to you. To the extent of any inconsistency, these terms and conditions will apply to our text messaging programs.
When you agree to participate in our text messaging programs, you typically agree to receive recurring messages, some of which may be marketing messages, including special offers, alerts, rewards, deals, updates, and reminders and information from the Company; however, you may also choose to sign up for other text message programs, for example, regarding specific promotions or events or to confirm your identity before accessing your account.Messages may be in SMS, MMS or RCS format and may contain marketing content. Text messages may be sent using an automatic telephone dialing system, or artificial or pre-recorded voice. Your consent to receive such messages is not required as a condition of purchasing any goods or services. Message and data rates may apply.
The Company may transition from one short code or telephone number to another, and you consent to receive messages from the new short code or number.
To opt-in to receive text messages from any of the Company's text messaging program(s), please follow the instructions provided by the Company, which may include texting a message to a short code, providing your phone number on-site at a Topgolf location or online at our website or through a mobile app, or otherwise providing your consent. You may need to confirm your consent such as by replying “Y” or through another designated response to an initial text message sent to you.
To stop receiving text messages from a specific text messaging program, text “STOP” to the five-digit short code or telephone number for the text messaging program from which you no longer wish to receive messages (i.e., the number from which its text messages are being sent). You may receive one final text message confirming that you have opted out.
To enroll in any of the Company's text messaging program(s), you must be the mobile account holder and a resident of the United States. If you change your mobile phone number, you agree to promptly notify the Company of that change by contacting our help desk as described in our applications and on our websites.
If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services (e.g., pre-paid users may not be able to participate). Check with your carrier to confirm. The Company and mobile carriers are not responsible or liable for any undue delays, failure of delivery, or errors in messages.
To request more information, reply “HELP” to the number from which you received our text message(s).
The Company may revise, modify, or amend these terms and conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to the Company's website(s) or application(s). You agree to review these terms and conditions periodically to ensure that you are aware of any changes. Your continued consent to receive text messages from the Company will indicate your acceptance of those changes. We may also notify you by other means, such as sending a text message to the number you used to sign up for our text message program(s).
You agree that any controversy or claim arising out of or relating to the text messaging programs shall be settled by binding arbitration as set forth in the Terms & Conditions.
Topgolf Callaway Brands uses commercially reasonable security measures designed to secure your personal data. However, no system, data transmission over the Internet, wireless transmission, or electronic storage of data can be guaranteed to be 100% secure. Topgolf Callaway Brands cannot guarantee that the Internet or your device will be completely secure and cannot warrant or ensure the security of any data we collect. You use our Sites and provide us data at your own risk.
We store personal data for as long as necessary for the purposes for which it was collected or for which you subsequently authorize it and otherwise to carry out the purposes described in this Privacy Notice. We will also store personal data for as long as we are required to keep it because of legal obligations, professional accounting and audit standards, legal or insurance claims, or regulatory proceedings.
These Sites are controlled and operated by Topgolf Callaway Brands from the United States and are not intended to subject Topgolf Callaway Brands to the laws or jurisdiction of any state, country, or territory other than that of the United States. Topgolf Callaway Brands makes no representation that this Privacy Notice or the practices described in it comply with the laws of any other jurisdiction. If you are located outside of the United States, any data you provide to us will be transferred to the United States. Visitors who use the Sites and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Your personal data may be stored and processed in any country where we have facilities or in which we engage service providers, and, by using these Sites and giving us your data, you consent to the transfer of data to countries outside your country of residence, including, without limitation, the United States, which may have data protection rules that are different from those of your country and may not provide the same level of protections as the laws of your country. Personal data processed or stored in another jurisdiction may be subject to access requests from governments, courts, or law enforcement in accordance with the laws of that jurisdiction.
The Sites are general audience and do not target users younger than the age of 18. We do not knowingly collect personal data online from children younger than the age of eighteen (18). If you are a parent or guardian and think we have data about your child, please contact us.
To the extent allowed by applicable law, Topgolf Callaway Brands reserves the right to change or modify this Privacy Notice at any time and will notify you of material changes by posting the changed or modified Privacy Notice on our Sites. We may also provide notice to you in other ways, such as through contact data you have provided. Any changes will be effective immediately upon the posting of the revised Privacy Notice unless otherwise specified.
Your continued use of the Sites after the Effective Date of the revised Privacy Notice (or such other act as specified in the revised Privacy Notice) will constitute your consent to those changes to the fullest extent allowed by applicable law. However, Topgolf Callaway Brands will provide notice and obtain your consent (which may be opt-out consent, or which may occur through your continued use of the Site) to the new Notice if required. You may need to consent to our new policies in order to continue to use our Sites and services.
If you have any questions about this Notice, please email us. You can also write to us or call us at:
Topgolf Callaway Brands Corp. Attn: Law Department 2180 Rutherford Road Carlsbad, CA 92008 Phone: 760-931-1771
Residents of certain jurisdictions may have the ability to exercise additional rights and choices regarding their personal data. We will take reasonable steps to accommodate your request, but may need to verify your identity before doing so. If you are a resident of a jurisdiction with specific rights, please see additional information below.
Precise/Specific Location Information : Such as your longitude/latitude coordinates from a global positioning system (GPS).
A. Purposes | (1) Provide You Services: To locate a store near you and to locate products; process transactions and fulfill your orders; facilitate your access to the Sites; |
B. Disclosed to: | (1) Third Party Advertising and Analytics Partners: Such as analytics companies, third party advertisers, and marketing agencies, including those who assist us with surveys and market or product research and development; (2) Government Agencies and Law Enforcement/Where Required by Law; (3) Data Brokers; (4) Topgolf Callaway Brands Family of Companies: See brands here; (5) Technology Systems Service Providers (such as webhosts, database hosts, cloud computing providers; (5) Security Vendors; (6) Third parties in connection with a business transition; (7) Third parties to whom you agree or direct us to share your data; (8) Other service providers who solely use your data to provide services to us or to you. |
C. Sold To/Shared With: | (1) Third Party Advertising and Analytics Providers; |
User Account Information: This may include information such as username, password, security questions and answers, and settings.
A. Purposes | (1) Provide You Services: To register and manage your account, including your loyalty account; process transactions and fulfill your orders; provide the Sites to you and allow you to participate in the features our Sites offer; respond to your inquiries and send you information you have requested or agreed to receive, such as newsletters; administer your participation in sweepstakes and promotions; provide customer support); |
B. Disclosed to: | (1) Technology Systems Service Providers: Such as webhosts, database hosts, cloud computing providers); (2) Security Vendors; (3) Government Agencies and Law Enforcement/Where Required by Law (including third parties in connection with a court or other legal proceeding; (4) Topgolf Callaway Brands Family of Companies: See brands here; (5) Third parties in connection with a business transition; (6) Third parties to whom you agree or direct us to share your data; (7) Other service providers who solely use your data to provide services to us or to you. |
C. Sold To/Shared With: | This category of data is not sold or shared for targeted advertising. |
Demographic Information: This may include your age, date of birth, sex and/or gender, zip code, income level.
A. Purposes | (1) Provide You Services: To process transactions and fulfill your orders; allow you to participate in the features our Sites offer, including to register and manage your account, including your loyalty account; respond to your inquiries and send you information you have requested or agreed to receive, such as newsletters; send you transactional messages regarding your use of our Sites, purchases, and other account-related communications; administer your participation in sweepstakes and promotions; provide customer support; |
B. Disclosed to: | (1) Third Party Advertising and Analytics Providers: Such as analytics companies, third party advertisers, and marketing agencies, including those who assist us with surveys and market or product research and development; (2) Third Party Business Partners: Unaffiliated parties that are joint marketing and licensing partners; (3) Technology Systems Service Providers: Such as webhosts, database hosts, cloud computing providers, software-as-a-service providers, and technology maintenance and repair vendors; (4) Data Brokers; (5) Social Media Platforms; (6) Sweepstakes/Contest Partners: Such as administrators, other prize providers, and prize fulfillment vendors; (8) Customer Service Providers: Such as call centers and live chat vendors; (9) Government Agencies and Law Enforcement/Where Required by Law: Including third parties in connection with a court or other legal proceeding; (10) Topgolf Callaway Brands Family of Companies: See brands here; (11) Security Vendors; (12) Third parties in the course of a business transition; (13) Third parties to whom you agree or direct us to share your data; (14) Other service providers who use your data solely to provide services to us or to you. |
C. Sold To/Shared With: | (1) Third Party Advertising and Analytics Providers; |
Employment Information : Such as your eligibility to work in the United States and work history.
A. Purposes | (1) Employment Related Purposes: To facilitate your job search; process your employment application; prepare related governmental and internal statistics reports; conduct diversity, equity, and inclusion analysis and reporting; |
B. Disclosed to: | (1) Technology Systems Service Providers: Such as webhosts, database hosts, cloud computing providers, software-as-a-service providers, and technology maintenance and repair vendors; (2) Government Agencies and Law Enforcement/Where Required by Law: Including third parties in connection with a court or other legal proceeding; (3) Topgolf Callaway Brands Family of Companies: See brands here; (4) Security Vendors; (5) Third parties in the course of a business transition; (6) Third parties to whom you agree or direct us to share your data; (7) Other service providers who use your data solely to provide services to us or to you. |
C. Sold To/Shared With: | This category of data is not sold or shared for targeted advertising. |
Information About Your Interests and Preferences: This may include information derived from interactions with the Sites, including your searches or your posts to a community forum; your participation in a market research request. This could include information about your lifestyle, golf game, and buying preferences.
A. Purposes | (1) Provide You Services: To register and manage your account, including your loyalty account; process transactions and fulfill your orders; provide the Sites to you and allow you to participate in the features our Sites offer; respond to your inquiries and send you information you have requested or agreed to receive, such as newsletters; administer your participation in sweepstakes and promotions; provide customer support; |
B. Disclosed to: | (1) Third Party Advertising and Analytics Partners: Such as analytics companies, third party advertisers, and marketing agencies, including those who assist us with surveys and market or product research and development; (2) Third Party Business Partners: Unaffiliated parties that are joint marketing and licensing partners; (3) Technology Systems Service Providers: Such as webhosts, database hosts, cloud computing providers, software-as-a-service providers, and technology maintenance and repair vendors; (4) Social Media Platforms; (5) Sweepstakes/Contest Partners: Such as administrators, other prize providers, and prize fulfillment vendors; (6) Government Agencies and Law Enforcement/Where Required by Law: Including third parties in connection with a court or other legal proceeding; (7) Topgolf Callaway Brands Family of Companies: See brands here; (8) Security Vendors; (9) Third parties in the course of a business transition; (10) Third parties to whom you agree or direct us to share your data; (11) Other service providers who use your data solely to provide services to us or to you. |
C. Sold To/Shared With: | (1) Third Party Advertising and Analytics Providers; |
Government Identification: Such as your driver’s license or other government-issued ID, SSN, tax ID, passport number, TSA pre-check number, global entry number, and other identification necessary in the course of administering a sweepstakes/contest prize.
A. Purposes | (1) Administrative: To verify your identity; |
B. Disclosed to: | (1) Technology Systems Service Providers: Such as webhosts, database hosts, cloud computing providers, software-as-a-service providers, and technology maintenance and repair vendors; (2) Sweepstakes/Contest Partners: Such as administrators, other prize providers, and prize fulfillment vendors; (3) Government Agencies and Law Enforcement/Where Required by Law: Including third parties in connection with a court or other legal proceeding; (4) Topgolf Callaway Brands Family of Companies: See brands here; (5) Security Vendors; (6) Third parties in the course of a business transition; (7) Third parties to whom you agree or direct us to share your data; (8) Other service providers who use your data solely to provide services to us or to you. |
C. Sold To/Shared With: | This category of data is not sold or shared for targeted advertising. |
Loyalty/Rewards Account Information : Such as account number, points, and promotion codes.
A. Purposes | (1) Provide You Services: To process transactions and fulfill your orders; provide the Sites to you and allow you to participate in the features our Sites offer, including to register and manage your account, including your loyalty account; respond to your inquiries and send you information you have requested or agreed to receive, such as newsletters; send you transactional messages regarding your use of our Sites, purchases, and other account-related communications; administer your participation in sweepstakes and promotions; provide customer support; |
B. Disclosed to: | (1) Third Party Business Partners: Unaffiliated parties that are joint marketing and licensing partners; (2) Technology Systems Service Providers: Such as webhosts, database hosts, cloud computing providers, software-as-a-service providers, and technology maintenance and repair vendors; (3) Order Fulfillment Vendors: Such as fulfillment centers, order tracking vendors; (4) Communication Services Providers: Such as email delivery vendors; (5) Customer Service Providers: Such as call centers and live and automated chat vendors; (6) Government Agencies and Law Enforcement/Where Required by Law: Including third parties in connection with a court or other legal proceeding; (7) Topgolf Callaway Brands Family of Companies: See brands here; (8) Security Vendors; (9) Third parties in the course of a business transition; (10) Third parties to whom you agree or direct us to share your data; (11) Other service providers who use your data solely to provide services to us or to you |
C. Sold To/Shared With: | (1) Third Party Advertising and Analytics Providers; |
Educational Information : Such as your school name, degree, year of graduation.
A. Purposes | (1) Employment Related Purposes: To facilitate your job search; process your employment application; prepare related governmental and internal statistics reports; conduct diversity, equity, and inclusion analysis and reporting; |
B. Disclosed to: | (1) Technology Systems Service Providers: Such as webhosts, database hosts, cloud computing providers, software-as-a-service providers, and technology maintenance and repair vendors; (2) Government Agencies and Law Enforcement/Where Required by Law: Including third parties in connection with a court or other legal proceeding; (3) Topgolf Callaway Brands Family of Companies: See brands here; (4) Security Vendors; (5) Third parties in the course of a business transition; (6) Third parties to whom you agree or direct us to share your data; (7) Other service providers who use your data solely to provide services to us or to you |
C. Sold To/Shared With: | This category of data is not sold or shared for targeted advertising. |
Photo/Video Data and Other User Generated Content: This may include videos captured in through our on-premise security cameras; your profile picture; images, audio recordings, video recordings, or text that you submit in connection with product reviews, survey responses, live chat and other customer service interactions, posts in community forums or private messengers, or your resume and cover letter.
A. Purposes | (1) Provide You Services: To process transactions and fulfill your orders; provide the Sites to you and allow you to participate in the features our Sites offer, including to register and manage your account and post in community forums and our private messenger; respond to your inquiries, including to assist you in finding the right products; administer your participation in sweepstakes and promotions; |
B. Disclosed to: | (1) Other Users; (2) Third Party Advertising and Analytics Partners: Such as analytics companies, affiliated marketing partners or unaffiliated third parties who are joint marketing and licensing partners or whose products or services are integrated in our Sites; (3) Third Party Business Partners: Unaffiliated parties that are joint marketing and licensing partners; (4) Technology Systems Service Providers: Such as webhosts, database hosts, cloud computing providers, software-as-a-service providers, and technology maintenance and repair vendors; (5) Social Media Platforms; (6) Sweepstakes/Contest Partners: Such as administrators, other prize providers, and prize fulfillment vendors; (7) Order Fulfillment Vendors: Such as payment processors, fulfillment centers, delivery services, order tracking vendors; (8) Communication Services Providers: Such as email delivery vendors; (9) Customer Service Providers: Such as call centers and live and automated chat vendors; (10) Government Agencies and Law Enforcement/Where Required by Law: Including third parties in connection with a court or other legal proceeding; (11) Topgolf Callaway Brands Family of Companies: See brands here; (12) Security Vendors; (13) Third parties in the course of a business transition; (14) Third parties to whom you agree or direct us to share your data; (15) Other service providers who use your data solely to provide services to us or to you. |
C. Sold To/Shared With: | (1) Third Party Advertising and Analytics Providers; |
A. Data Collected Automatically
Device ID/Interaction Information.We, our service providers, business partners, and/or other third parties may automatically collect and/or store certain information about your device when you visit or interact with the Sites (“Device ID/Information”) and information about your activity on the Sites. This Device ID/Information may be stored and/or accessed from your computer, tablet, mobile device, or other device whenever you visit or interact with the Channels. Device ID/Information may include, but is not limited to:
Your IP address, mobile device identifier and other unique identifier;
Device information, including device model, operating system version, device date and time, mobile network information;
Approximate location of your device, which may be collected or inferred through other information we collect, such as IP address; and
How you use and interact with the Sites, including your search terms, pages you visit, content you view, your preferences, and any other information you provide through chat or community forum features or submit through online forms.
For a detailed description of the ways in which we and third parties collect information automatically and how it is used, please see our Ad and Cookie Notice.
Precise and Approximate Location Data. We may collect specific data about your location from your device. This may include your precise location. We may collect this using different types of technologies, including GPS and Wi-Fi. If you use our mobile app, we may also access your device's location data in the background. You may be able to turn off the collection of location data through your device settings. However, please note that we may still be able to collect or infer your approximate location through other data we collect, such as IP address. In addition, some mobile service providers may also provide us or our third-party service providers with data regarding the physical location of the device used to access the Sites.
Session Replay Technology.Topgolf Callaway Brands may record through session replay technology your interactions with the Sites, such as what pages you visit on the Sites, how long you visit those pages, the links you click, your mouse movements, keystroke or scrolling activity, or information you provide to us. These tools may also record information when you interact with our Site, such as by engaging in chat features or forum discussions. We use this information for our internal business purposes, such as for website analytics, to improve the Sites and our products and services, and to address functionality issues.
B. Data We Receive or Collect from Third Parties.
In General.We may receive data about you from third parties, including business partners and data providers. For example, if you are on another website and agree to receive information from Topgolf Callaway Brands, that website will forward your data to us so that we may contact you. We may also supplement the data we collect with outside records from third parties — such as public databases, publicly available social media pages, joint marketing partners, and third parties who enhance the data we have about you for various purposes, such as to provide you with information, services, or products, to tailor our content and the offers we show you, or to enhance our products and services. We may combine the data we receive from third parties with data we collect through the Sites. In those cases, we will apply this Privacy Notice to the combined data. The data collected and stored by the third party is subject solely to the third party's privacy practices.
Refer a Friend Features and Data You Provide About Others. The Sites may give you the opportunity to send information to a friend. If you send a friend a communication through the Sites, the data you provide is used to facilitate the communication and is not used for any other marketing purpose, unless we obtain consent from that person. If you otherwise disclose any personal data relating to other people to us, you represent that you have the authority to do so and permit us to use the data in accordance with this Privacy Notice. For residents of Canada who provide us data about a resident of Canada for such features, you may only refer friends or family with whom you had a direct voluntary two-way communication, and with whom you have a personal relationship considering sharing of interests, experiences, opinions, and frequency of communication.
Fitbay Locations CCTV Camera Data Collection. If you visit one of our Fitbay locations, we may also collect data about you through CCTV cameras. Our Fitbay CCTV cameras help us take measurements and monitor swings to help you choose the right club for you.
C. Data You Provide Directly. We may ask you to provide data to use when you use the Sites.
Chat.When you participate in a chat feature, Topgolf Callaway Brands and our third-party partners can record, use, and retain your communications and the data you provide in order to assist you during the chat session, provide customer support, to improve our products and services, and for marketing purposes. If you do not consent, please do not continue with chat assistance.
Market Research Surveys.We may, from time to time, invite you to participate in market research surveys. The types of data that we collect from you may vary based on the objective of the survey or research activity, but may include your email address and social media handle and your responses to survey questions or forms. Any data you provide by participating in our market research focus groups is entirely voluntary and you have no obligation to provide any personal data or to respond any questions or portion of the research activity.
Employment Applications.If you apply for a job with Topgolf Callaway Brands or any of our subsidiaries or affiliates, please note that we use a careers portal that is operated by a third party, and we or our service provider(s) may ask you to provide self-identifying data (such as veteran status, gender, and ethnicity) in conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission and other federal, state, and local regulatory agencies. Providing such self-identifying data is voluntary, but if you do provide such data, we and/or our service providers may submit that data to the appropriate government or regulatory agencies to fulfill reporting requirements, use the data for diversity, equity, and inclusion analysis and reporting, and use that data to defend against employment-related complaints.
Photos and Videos. We may allow you to post photos and videos on the Services or to submit them to us as described in the chart above. Applicable laws and regulations may vary with respect to whether such materials are considered to be biometric information. For clarity, we do not create a record of facial geometry from your photos or videos, and do not use your photos or videos for the purposes of facial recognition, facial surveillance, or otherwise as a biometric identifier. Please note, however, that to the extent that you post your photos or videos publicly on our Services, or we share - as described elsewhere in this Privacy Notice - such materials with third parties who are permitted to use these materials in accordance with their own privacy notices, we do not control the actions of third parties, and their use of your photos or videos may differ from ours.
D. Data We Disclose to Third Parties.
We may share non-personal information that we collect, such as certain Device ID/Interaction Information, aggregate user statistics, and hashed or otherwise de-identified or pseudonymized information (including email addresses), and/or our analyses derived from such information, with third parties in our discretion as permitted by law, including for targeted advertising purposes. We may share the information we have collected about you (including personal data) in the circumstances described below or elsewhere in this Privacy Notice, as disclosed at the time you provide information or otherwise with your consent. However, we do not share personal data with unaffiliated third parties for their own marketing purposes without giving you the chance to consent (opt-in or, where permitted by law, opt-out).
We are not responsible for the privacy practices of any third party. If you decide that you do not want to receive communications from a third party, or have questions about their privacy practices, you will need to contact that third party directly.
Social Media Interactions.The Sites may permit or facilitate interactions with an interactive third-party website or service ("Social Media"), such as enabling you to "like" or "share" content. If you choose to share content or otherwise post information from or via the Sites to Social Media, that data may be public, and the third party may have access to data about you and your use of our Sites. You may also choose to participate on Social Media in a way that connects that third-party service with our Sites (such as posting to one of our pages on a Social Media site or signing into the Sites with your credentials from another website or service). Doing so may allow us to collect (or the third party to share) data about you. These third-party Social Media platforms may be able to collect certain data about your visits to the Properties regardless of whether or not you affirmatively interact with the feature and whether or not you are logged into (or have) an account with the third-party platform.
We may also receive data about you if other users of Social Media give us access to their profiles and you are one of their connections or "friends". The data we collect is subject to this Privacy Notice. The data collected and stored by the third party remains subject to the third party's privacy practices, including, without limitation, whether the third party continues to share data with us, the types of data shared, and your choices with regard to what is visible to others on that third-party website or service. The third party may allow you to remove the application or feature, in which case we will no longer collect data about you through the application or feature, but may retain the data previously collected.
Third Parties Providing Services on Our Behalf. Our Sites may integrate features provided by third parties, or provide the ability to access third party content and features through our products through which third-parties may share data about you. We may share data with third parties who perform services on our behalf, such as website hosting, conducting website usage analysis, sending email or other communications, fulfilling orders, providing marketing assistance and data analysis, processing payments (including clearing and processing credit card payments), running promotions, or performing other services. We may provide access to your personal data to such service providers in order for them to perform these services. You can contact us if you want to learn more about how our service providers use your data.Additionally, we may share various information relating to our users and fraudulent or potentially fraudulent activities with our fraud prevention and similar service providers, and they will use this information to help us and their other clients prevent fraudulent and illegal transactions.
Topgolf Callaway Brands Family of Companies.Topgolf Callaway Brands includes several brands and companies, some of which operate as subsidiaries or affiliates. You can see our brands here. When Topgolf Callaway Brands collects data through any of our brands, it will be accessible across the Topgolf Callaway Brands Family of brands and companies. The data will be used for business, operational and marketing purposes.
Sweepstakes, Contests, Promotions. We may offer sweepstakes, contests, or other promotions (any, a "Promotion"), that may require registration. By participating in a Promotion, you are agreeing to the provisions, conditions, or official rules that govern the Promotion, which may require specific requirements of you (including, without limitation, and except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness, or other indicia of persona in advertising or marketing materials). If you choose to enter a Promotion, personal data may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, as required by law or permitted by the Promotion's terms or official rules (such as on a winners list).
Business Transitions. In the event Topgolf Callaway Brands goes through a transition such as being sold, has all or a portion of its assets acquired or transferred, whether voluntary or involuntary (such as through bankruptcy), or merges or becomes affiliated with any other division, individual or entity (including, without limitation, during the course of any due diligence process), any customer data owned or under the control of Topgolf Callaway Brands will likely be one of the transferred assets. We reserve the right, as part of this type of transaction, to assign or otherwise transfer your data and other data we have collected from users of the Sites. By providing your personal data, you agree that we may transfer such data to the acquiring entity without your further consent. For example, if part of our business was sold, we may give our customer list as part of that transaction. Where legally required, we will give you prior notice and if you have the legal right to do so, allow you to object.
A. U.S. States
Colorado, Connecticut, Utah, and Virginia. We set forth above the categories of personal data we process, the purpose for processing personal data, the categories of personal data shared, and the categories of third parties with whom personal data is shared. Residents of Virginia, Colorado, Connecticut, and Utah have certain additional privacy rights with respect to this data, as described below. If you are a consumer residing in one these states (as defined in each state's respective law) and would like to exercise your applicable rights, please fill out this form or call us at1-833-681-0358to submit a request.
Right to Appeal.If, for any reason, you would like to appeal a decision relating to your request and you are a resident of Colorado, Connecticut, or Virginia, you have the right to submit an appeal. Please include your full name, the basis for your appeal, and any additional information to consider.
Sensitive Data.If you are a Virginia, Colorado, or Connecticut resident, we will obtain your consent to the processing of any Sensitive Data we collect, as defined by the applicable state law. If you are a resident of Utah, we will notify you at or before the time of collection of Sensitive Data as defined by Utah law. If you wish to opt out of our processing of your Sensitive Data (as defined by the applicable state law), please complete the form.
Nevada.You have the right to opt-out of the sale of certain covered personally identifiable information (PII) we have collected about you through our websites and online services. Please note that Topgolf Callaway Brands does not sell your PII as those terms are defined under applicable Nevada law. However, you may still submit an opt-out request and we will honor that request as required by Nevada law if we were to engage in such a sale in the future. If you are a Nevada resident and would like to opt-out of future sales of your PII, please call 1-833-681-0358.
California.If you are a California resident, please see our NOTICE TO CALIFORNIA RESIDENTS for additional information about your privacy rights and how to exercise them.
EXERCISING YOUR CALIFORNIA RIGHTS
California Consumers have the right to request: (1) that we disclose to you what Personal Information we collect, use, disclose, and sell, including the right to request that we provide to you the categories and specific pieces of Personal Information we have collected about you ("Right to Know"); (2) that we delete the Personal Information we collect about you ("Right to Delete"); (3) that we correct inaccurate Personal Information we hold about you (“Right to Correct Inaccurate Information”), (4) to opt-out from the sharing of your Personal Information and Sensitive Personal Information to a third party for cross-context behavioral advertising (i.e., targeted advertising) (“Right to Opt-Out of Sharing”), (5) to opt-out from the sale of their Personal Information and Sensitive Personal Information (“Right to Opt-Out of Sale”), and (6) that we limit the use or disclosure of your Sensitive Personal Information to the purposes set forth in the statute, including that use which is necessary and anticipated to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services) (“Right to Limit the Use and Disclosure of Sensitive Personal Information”), all subject to the meanings and exceptions set forth in the CCPA and CPRA. More information on each of these rights is below.
If you are a California Consumer and would like to exercise these rights, please submit your request via this form or by calling us at 1-833-681-0358.
In your request, you must provide enough information to allow us to verify you are the person about whom we collected personal information, or their authorized representative. You must also describe your request with enough detail so that we can understand, evaluate, and respond to it. We can't respond to your request if we can't verify your identity. Making such a request does not require you to create an account with us, and we will only use the information you provide in a request to verify your identity.
Verifying Your Requests
We will take reasonable steps to verify your identity based upon the information you provide and the type of request you are making.
When you exercise your Right to Know, Right to Delete, and/or Right to Correct Inaccurate Information, we may ask that you provide us with information, beyond your full name, in order to verify your identity and fulfill your request. If we are unable to verify that the individual submitting the request is the same individual about whom we have collected information (or someone authorized by that individual to act on their behalf), we will not be able to process the request.
Agents
If you are an authorized representative submitting a request on a user's behalf, please complete the applicable request per the instructions below. We will follow up to request a signed, written permission signed by the individual who is the subject of the request authorizing you to make the request on their behalf. The written permission must state your full legal name, the full legal name of the individual who is the subject of the request, and needs to be clear about the permission granted. Alternatively, you may submit a copy of a power of attorney under Probate Code sections 4000-4465. In either case, please also indicate in your email the nature of your request. The consumer's identity, in addition to your own, will need to be independently verified in order for us to be able to fulfill your request. We may also ask the consumer to directly confirm with us that they provided you permission to submit a request. Please keep in mind that if we do not receive adequate proof that you are authorized to act on the consumer's behalf, we may deny the request.
Right to Know
California Consumers have the right to know what information we have collected about you (the categories and the specific pieces of information). In order to have us provide specific pieces of information, we will require a signed declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request.
Right to Delete
California Consumers have the right to request that we delete information we have collected from you. Please note that as part of the verification process, once you submit a request to delete, we may follow up and require you to confirm that you want your information deleted.
Right to Correct Inaccurate Information
California Consumers have the right to request that we correct inaccurate information we hold about you.
Right to Limit The Use and Disclosure of Sensitive Personal Information
Under the CPRA Regulations, a business must only provide the Right to Limit The Use and Disclosure of Sensitive Personal Information when such use is collected or processed for the purpose of inferring characteristics about a consumer, or does not fall under certain statutory exceptions, pursuant to CPRA §1798.121. Topgolf Callaway Brands' use and disclosure of Sensitive Personal Information is not used for such purpose and/or falls within the statutory exceptions, and we therefore do not offer this right at this time.
Do Not Sell or Share
Right to Opt-Out of Sharing
California Consumers have the right to opt-out of the sharing of your Personal Information or Sensitive Personal Information to a third party for cross-context behavioral advertising (i.e., targeted advertising), whether or not for monetary or other valuable consideration.
Right to Opt-Out of Sale
California Consumers have the right to opt-out of the sale of your Personal Information or Sensitive Personal Information.
Other Important Information for Do Not Sell or Share
Callaway engages in online advertising practices (and certain analytics or similar activities), which may be considered a “sale” or “share” for cross-context behavioral advertising under the CCPA and CPRA. To disable sharing through cookies set by third parties that may be considered "sales" or “sharing” under the CCPA and CPRA, please click on “Manage Cookie Preferences” in the footer of the Site.
In addition, the Digital Advertising Alliance also offers tools for California consumers to send requests under the CCPA and CPRA to opt out of the sale of personal information by some or all of the participating companies: https://www.privacyrights.info/.
Data Retention
We will retain all categories of personal information described in this California Privacy Notice for as long as it is reasonably necessary for the purposes set out in this California Privacy Notice, considering the time period reasonably necessary to: use the Sites; exercise the choices and rights you have requested; comply with our contractual obligations; enforce our terms for use of the Sites; and comply with legal and regulatory requirements. Except as noted differently on specific pages or apps, we retain your personal information while you have an account with us, or while you are using our or continuing to visit us.
Users Younger than Age 16
Callaway does not knowingly sell or share Personal Information of users younger than 16 years of age.
Right to Non-Discrimination for the Exercise of a Consumer's Privacy Rights
California consumers have the right to not receive discriminatory treatment for exercising CCPA and CPRA rights. We will not discriminate against you for exercising your CCPA and CPRA rights.
QUESTIONS AND CONTACT INFORMATION
You can contact us for more information by writing to us at Topgolf Callaway Brands Corp., Attn: Law Department, 2180 Rutherford Road, Carlsbad, CA 92008 or calling us at 1-833-681-0358.
Other California Rights
California residents have the right to request from companies conducting business in California certain information relating to third parties to which the company has disclosed certain categories of personal information during the preceding year for the third parties' direct marketing purposes. Alternatively, the law provides that a company may comply, as Topgolf Callaway Brands does, by disclosing in its Privacy Notice that it provides consumers choice (opt-out or opt-in) regarding sharing personal information with third parties for those third parties' direct marketing purposes, and information on how to exercise that choice. Topgolf Callaway Brands will provide you choice prior to sharing your personal information with third parties for their direct marketing purposes. If you do not opt-in or if you choose to opt-out at the time Topgolf Callaway Brands offers that choice, we will not share your personal information with that third party for its direct marketing purposes.
California customers may request further information about our compliance with this law by writing to us at Topgolf Callaway Brands Corp., Attn: Law Department, 2180 Rutherford Road, Carlsbad, CA 92008. You must put the statement “Your California Privacy Rights” in the address line of your envelope. You must include your name, street address, city, state, and zip code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
B. Canada
We make reasonable efforts to notify you of the purposes for which personal information will be used or disclosed and if the initial purpose changes. You may withdraw consent to process your personal information at any time, subject to legal or contractual restrictions and reasonable notice. We may need to verify your identity before implementing any of the requests disclosed in Your Choices.You may use the form or call the number described in Your Choices to submit any requests for information on our privacy practices or to submit a complaint regarding our practices. Your request or complaint must include your full name, city, province, and an email address so that we are able to contact you if needed regarding this request.
We cannot properly process requests or complaints 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. Once your request is processed, absent exemptions, we will provide you with details regarding what personal information we have, how it is used, and with which third parties it is shared.
You and we confirm that it is our wish that this Privacy Notice, the Terms of Use, and all other related policies be drawn up in English. Vous reconnaissez avoir exigé la rédaction en anglais du présent document ainsi que tous les documents qui s'y rattachent.
This California Privacy Notice is effective as of July 1, 2023.
This notice supplements the information contained in Topgolf Callaway Brands' Privacy Notice and applies only to California residents. This California Privacy Notice sets forth the disclosures and rights for California Consumers regarding their Personal Information, as required by the California Consumer Privacy Act of 2018 ("CCPA"), the California Privacy Rights Act of 2020 ("CPRA"), and any implementing regulations adopted thereunder. Terms (including defined capitalized terms) used in this California Privacy Notice have the same meanings given in the CCPA, CPRA, and the associated regulations, unless otherwise defined.
EXERCISING YOUR CALIFORNIA RIGHTS
California Consumers have the right to request: (1) that we disclose to you what Personal Information we collect, use, disclose, and sell, including the right to request that we provide to you the categories and specific pieces of Personal Information we have collected about you ("Right to Know"); (2) that we delete the Personal Information we collect about you ("Right to Delete"); (3) that we correct inaccurate Personal Information we hold about you (“Right to Correct Inaccurate Information”), (4) to opt-out from the sharing of your Personal Information and Sensitive Personal Information to a third party for cross-context behavioral advertising (i.e., targeted advertising) (“Right to Opt-Out of Sharing”), (5) to opt-out from the sale of their Personal Information and Sensitive Personal Information (“Right to Opt-Out of Sale”), and (6) that we limit the use or disclosure of your Sensitive Personal Information to the purposes set forth in the statute, including that use which is necessary and anticipated to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services) (“Right to Limit the Use and Disclosure of Sensitive Personal Information”), all subject to the meanings and exceptions set forth in the CCPA and CPRA. More information on each of these rights is below.
If you are a California Consumer and would like to exercise these rights, please submit your request via this form or by calling us at 1-833-681-0358.
In your request, you must provide enough information to allow us to verify you are the person about whom we collected personal information, or their authorized representative. You must also describe your request with enough detail so that we can understand, evaluate, and respond to it. We can't respond to your request if we can't verify your identity. Making such a request does not require you to create an account with us, and we will only use the information you provide in a request to verify your identity.
Verifying Your Requests
We will take reasonable steps to verify your identity based upon the information you provide and the type of request you are making.
When you exercise your Right to Know, Right to Delete, and/or Right to Correct Inaccurate Information, we may ask that you provide us with information, beyond your full name, in order to verify your identity and fulfill your request. If we are unable to verify that the individual submitting the request is the same individual about whom we have collected information (or someone authorized by that individual to act on their behalf), we will not be able to process the request.
Agents
If you are an authorized representative submitting a request on a user's behalf, please complete the applicable request per the instructions below. We will follow up to request a signed, written permission signed by the individual who is the subject of the request authorizing you to make the request on their behalf. The written permission must state your full legal name, the full legal name of the individual who is the subject of the request, and needs to be clear about the permission granted. Alternatively, you may submit a copy of a power of attorney under Probate Code sections 4000-4465. In either case, please also indicate in your email the nature of your request. The consumer's identity, in addition to your own, will need to be independently verified in order for us to be able to fulfill your request. We may also ask the consumer to directly confirm with us that they provided you permission to submit a request. Please keep in mind that if we do not receive adequate proof that you are authorized to act on the consumer's behalf, we may deny the request.
Right to Know
California Consumers have the right to know what information we have collected about you (the categories and the specific pieces of information). In order to have us provide specific pieces of information, we will require a signed declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request.
Right to Delete
California Consumers have the right to request that we delete information we have collected from you. Please note that as part of the verification process, once you submit a request to delete, we may follow up and require you to confirm that you want your information deleted.
Right to Correct Inaccurate Information
California Consumers have the right to request that we correct inaccurate information we hold about you.
Right to Limit The Use and Disclosure of Sensitive Personal Information
Under the CPRA Regulations, a business must only provide the Right to Limit The Use and Disclosure of Sensitive Personal Information when such use is collected or processed for the purpose of inferring characteristics about a consumer, or does not fall under certain statutory exceptions, pursuant to CPRA §1798.121. Topgolf Callaway Brands' use and disclosure of Sensitive Personal Information is not used for such purpose and/or falls within the statutory exceptions, and we therefore do not offer this right at this time.
Do Not Sell or Share
Right to Opt-Out of Sharing
California Consumers have the right to opt-out of the sharing of your Personal Information or Sensitive Personal Information to a third party for cross-context behavioral advertising (i.e., targeted advertising), whether or not for monetary or other valuable consideration.
Right to Opt-Out of Sale
California Consumers have the right to opt-out of the sale of your Personal Information or Sensitive Personal Information.
Other Important Information for Do Not Sell or Share: Topgolf Callaway Brands engages in online advertising practices (and certain analytics or similar activities), which may be considered a “sale” or “share” for cross-context behavioral advertising under the CCPA and CPRA.
Topgolf Callaway Brands does not knowingly sell or share Personal Information of users younger than 16 years of age.
Personal Information Topgolf Callaway Brands Collects: The personal information we collect about you will depend upon how you use our Sites or otherwise interact with us. Accordingly, we may not collect all of the below information about you.
Notice of Financial Incentive
Under California regulations, certain programs we offer that provide benefits to consumers may be considered financial incentive programs. We may collect personal information from you in connection with these programs, e.g., contact information (name, email address, residential address) and certain commercial information for a number of reasons, including to administer the program, contact you with regard to your account (if any), to provide the benefits to you, to better serve you, and to fulfill your requests associated with the program.
To opt into the programs, you may need to provide certain information, register for an account and agree to the applicable program terms, or otherwise follow the instructions associated with that applicable program. Please also see the terms of the program you are joining for additional description of the program and any additional requirements. Participation in our programs is voluntarily and you can withdraw at any time.
To the extent that we provide a program that may be considered a financial incentive because the program is directly or reasonably related the collection, deletion or sale or retention of consumer personal information, the value is reasonably related to the overall value we receive from the personal information participants provide specific to the program minus the costs and expenses we incur in providing the program.
PERSONAL INFORMATION CALLAWAY COLLECTS
The Personal Information we collect about you will depend upon how you use our Sites or otherwise interact with us. Accordingly, we may not collect all of the below information about you.
In addition to the below, we may collect and/or use additional types of information and will do so after providing notice to you and obtaining your consent to the extent such notice and consent is required by the CCPA and CPRA.
Category of Personal Information Collected | Categories of Sources from which the Information was Collected | Business or Commercial Purpose(s) for which Information is Collected | Categories of Third Parties to whom this type of Personal Information is Disclosed for a Business Purpose | Categories of Third Parties to Whom this Type of Personal Information is Sold or Shared for Cross Contextual Behavioral Advertising |
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Identifiers | We may collect this type of information from: | We may use this type of information: | We may disclose this type of information to: | We may sell or share this type of information to: |
Any categories of personal information described in subdivision (e) of Section 1798.140 | We may collect this type of information from: | We may use this type of information: | We may disclose this type of information to: | We may sell or share this type of information to: |
Characteristics of protected classifications under California or federal law | We may collect this type of information from: | We may use this type of information for job applicants: | We may disclose this type of information to: | We may sell or share this type of information to: |
Commercial information | We may collect this type of information from: | We may use this type of information: | We may disclose this type of information to: | We may sell or share this type of information to: |
Internet or other electronic network activity information | We may collect this type of information from: | We may use this type of information: | We may disclose this type of information to: | We may sell or share this type of information to: |
Geolocation data | We may collect this type of information from: | We may use this type of information: | We may disclose this type of information to: | We may sell or share this type of information to: |
Audio, electronic, visual, thermal, olfactory, or similar information | We may collect this type of information from: | We may use this type of information: | We may disclose this type of information to: | We may sell or share this type of information to: |
Professional or employment-related information | We may collect this type of information from applicants for employment. | We may use this type of information to: | We may disclose this type of information to: | We do not “sell” or “share” this information. |
Inferences drawn from any of the information identified above to create a profile about a consumer | We may collect this type of information from: | We may use this type of information: | We may disclose this type of information to: | We may sell or share this type of information to: |