Effective February 22, 2020
Additionally, PGA TOUR encourages parents and guardians to spend time with their children online, and to be fully familiar with the sites visited by the children in their care, including gushalin.com. The Sites are not intended for use by people under the age of thirteen (13). Subscribers under the age of eighteen (18) should not participate in contests or sweepstakes or other promotional opportunities on the Sites, nor should they post information to the Sites without a parent or guardian’s consent.
1. THE INFORMATION WE COLLECT.
(a) Your Personal Information. At some Sites, you may be able to register a profile, order products, enter contests, participate in surveys, vote in polls or otherwise express an opinion, subscribe to one of our services such as our online newsletters, or participate in one of our online forums or communities. In the course of these various offerings, we often seek to collect from you various forms of personal information. Examples of the types of personal information that may be collected at these pages include:
· Contact information (e.g., name, address, e-mail address, telephone number)
· Username & password
· Age, gender and other demographic information
· Information about your interests in and use of various products, programs and services
· Precise geo-location information as derived from your IP Address and/or via cell phone towers which may identify your longitude and latitude coordinates.
· Financial information such as credit card number
Registering a profile or participation in surveys or contests is completely voluntary. Therefore, you have a choice whether or not to disclose this information. Where this information is required for participation and you choose to participate, you hereby give consent for the collection of personal information.
When you visit any of our Sites, we, our service providers, advertisers and partners may automatically collect various types of information about your device and your internet activity. A representative list of this type of information that we may collect include:
- IP address and type of browser you are using (e.g., Firefox, Internet Explorer)
- Type of operating system you are using, (e.g., Microsoft Windows or Mac OS)
- Internet service provider (e.g., Comcast, Verizon or AT&T)
- Web pages/Sites you have visited
- Type of mobile device used to view the Site & device identifier location information
- Site content you have accessed & the advertisements you have been shown and/or clicked on
We store this data in log files that do not directly identify individual users. We use this information, to analyze trends, to administer the site, to track users’ movements around the Sites and to gather demographic information about our user base as a whole.
(b) Third-Party Sign-On & Social Media Sites. You can log in to some of our Sites using a third-party single sign-on service. This service will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign-up form. This service gives you the option to post information about your activities on each relevant Site to your profile page to share with others within your network.
You also can engage with our content, such as video, games, applications, and other offerings, on or through third-party social networking sites, such as Facebook, or third-party social media plug-ins and applications. When you engage with our content on or through third party social networking sites, plug-ins and applications, you may allow us to have access to certain information from your social media profile (e.g., name, e-mail address, photo, gender, birthday, location, your list of friends, people you follow and/or who follow you, the posts or the ‘likes’ you make) to deliver the content or as part of the operation of the application.
We may also obtain non-personally identifiable information (e.g., content viewed, game performance, high scores, and information about advertisements within the content you have been shown or may have clicked on) from your interaction with our content.
(c) Others’ Personal Information. At some Sites, you may also be able to submit information about other people. For example, you might submit a person's name and e-mail address to send an electronic message and, if you order a gift online and want it sent directly to the recipient, you might submit the recipient's name and address. Examples of the types of personal information that may be collected about other people at these pages include: recipient's name, address, e-mail address, and telephone number. We may use this information to provide the service you requested, and the person may contact us if they no longer want us to use his or her information
2. HOW WE USE THE INFORMATION.
(a) Use of Your Information. We may use the information we collect for various purposes, which are either based on: (i) your consent, (ii) in order for us to fulfill a contractual obligation or agreement with you, (iii) our legitimate interests, or (iv) compliance with a legal obligation(s). Examples include:
- Fulfilling your requests for our products, programs, and services: We use your information in this way on the basis that it is necessary for us to perform our agreement with you;
- Responding to your inquiries about our offerings and offering you other products, programs or services that we believe may be of interest to you; We use your information in this way on the basis that it is necessary for our legitimate interests to respond to you and to provide you with offers based on our past experience with each other;
- Notifying you when you have won one of our contests: We use your information in this way on the basis that it is necessary for us to perform our agreement with you (i.e. the terms and conditions of the contest) and in order to comply with a legal obligation;
- Enforcing the legal terms that govern your use of our Sites: We use your information in this way in order to comply with a legal obligation;
- Contacting you about your account with us: We use your information in this way on the basis that it is necessary for our legitimate interests in protecting the Sites and services we provide;
- For other purposes for which you provided the information: We use your information in this way on the basis of your consent.
There are additional areas where your information allows for deeper connections for you and our community as well as provide us more insight about our products and services. These include:
• Surveys & Polls: We use this information to learn more about specific users and the user experience on the site as well as attending our events. We may use a third-party service provider to conduct these surveys or polls; that company will be prohibited from using our users’ personal information for any other purpose. The use of your information in this way is on the basis of your consent.
• Online Forums/Communities & Content for Publication: In our online forums and communities, the information you provide allows for an interactive experience and, from time to time, guides us in offering you products, programs, or services. If you choose to submit content for publication (e.g., a letter to our editors, comments sent to our television personalities, a posting to a blog or a discussion board, a video), we may publish your screen name and other information you have provided to us. We may on occasion combine information we collect through our Sites with information that we collect from other sources. Without limiting the generality of the foregoing, if you register and create a profile with our site, the screen name you select as well as other content you submit to your profile (e.g., photos, comments, video, reviews) will be displayed publicly on the Sites and may be reused and redistributed by us in our discretion. Therefore, we use your information in the foregoing way on the basis of your consent and that it is necessary for our legitimate interests to provide you with better Sites and services. To request removal of your personal information from our blog or community forum, contact us via this form. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
We use the non-personally identifiable information that we collect to improve the design and content of our Sites, to deliver more relevant marketing messages and advertisements and to enable us to personalize your Internet experience. We also may use this information to analyze usage of our Sites, as well as to offer you products, programs, or services.
(b) Use of Information about Others. We may use the information that you provide about others to enable us to send them your gifts or cards or emails you may wish to send them from our sites, and for such other purposes as may be stated at the point where the information is collected.
(c) Limitation on Use of Information. We collect data for only purposes that are necessary, required or will enhance the user experience. Your personal information will only be retained for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
3. INFORMATION SHARING AND DISCLOSURE.
(b) Business Transfer. We may transfer personal information about you if we, or one of our business units, are acquired by, sold to, merged with or otherwise transferred to another entity.
Additionally, if you have signed up to receive our e-mails and prefer not to receive marketing information from the Site, follow the "unsubscribe" instructions provided on any marketing e-mail you receive from this Site. To provide visitors with additional or more relevant product and service opportunities, we may share non-personally identifiable information with third parties.
In some circumstance we share general geo-location data such as DMA area as derived from your IP Address. This is used by third parties for the purpose of them serving you ads for places or things in your area. You may opt out of location-based services at any time by editing your settings at the device level.
4. COOKIES & WEB BEACONS.
(a) Cookies and Their Function. To enhance your online experience, we use "cookies" or similar technologies. Cookies are text files placed in your computer's browser to store your preferences. Cookies do not contain personal information; however, once you choose to furnish a site with personal information, this information may be linked to the data stored in the cookie.
(b) Flash Cookies. The Adobe Flash Player is an application and web tool that allows rapid development of highly dynamic content. Our Sites may employ locally stored objects (sometimes referred to as “Flash cookies”) in certain situations where we use Flash to provide special content such as video on demand, video clips or animation. Flash (and similar applications) uses this technology to remember settings, preferences and usage similar to browser cookies but Flash cookies are not managed through your web browser. You can access your Flash management tools from Adobe’s website
(c) Web Beacons. We, our third-party service providers, advertisers or our partners may also use "web beacons" or clear .gifs, tags and scripts, or similar technologies, which are small pieces of code placed on a web page, to monitor the behavior and collect data about the visitors viewing a web page. For example, web beacons may be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. We, our third-party service providers, and our partners, with our permission, may share this data with third parties for purposes of third parties offering targeted advertisements and other marketing to you.
(e) Mobile Analytics. We use mobile analytics software to allow us to better understand the functionality of our mobile application on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personal information you submit within the mobile application.
(f) Do Not Track. We do not respond to Do Not Track signals at this time. However, in respect of our users’ right to privacy, we provide the option to block cookies as outlined in Section 4(d) above.
5. COLLECTION OF INFORMATION BY THIRD-PARTY SITES, AD SERVERS, AND SPONSORS.
Some of our sites contain links to or integrations with other sites such as Facebook, Twitter, Google, LinkedIn, etc., whose information practices may be different than ours. Visitors should consult the other sites' privacy notices as we have no control over information that is submitted to, or collected by, these third parties.
(c) Interest-Based Ads & Marketing. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking (or if located in the European Union click ) Please note this does not opt you out of being sent ads. You will continue to receive generic ads. Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity may use LSOs such as HTML 5 or Flash to collect and store information. We use a third-party service to publish ads on the Sites. When you view or click on an ad a cookie will be set to help better provide advertisements that may be of interest to you on the Sites and other websites. You may opt-out of the use of this cookie by visiting the page . Various browsers may offer their own management tools for removing HTML5 LSOs.
We utilize a third-party service for targeting purposes. This service uses a variety of techniques including cookie-less device recognition technologies to recognize the user, and their activities across the Sites and other sites for the purpose of targeted marketing by us and other companies that utilize this service. If you wish to opt-out of this service, please visit the opt-out page . Please be aware that this will not opt you out of advertising in general, but only in relation to this service.
Additionally, we work with the service provider LiveRamp Inc and its group companies (‘LiveRamp’) that uses browser technologies such as cookies to match user information, such as your email address in hashed form, with data in their marketing databases. This then creates a pseudonymous privacy-centric identifier for our use in real time bidding in digital advertising. We may also share with LiveRamp hashed and de-identified email addresses, IP addresses, and advertising identifiers. That information may then be used to create a connection between your device and its databases. Such connection may be shared by our partners and advertisers globally for the purpose of enabling interest-based content or advertising by third parties unaffiliated with our Site throughout your online experience and across your various devices and platform. To opt out of this use of your information, please click .
6. INTERNATIONAL TRANSFER.
We are responsible for the processing of personal data we receive and subsequent transfers to a third party acting as an agent on our behalf, under the Privacy Shield. We comply with the Privacy Shield Principles for all onward transfers of personal data from the EU, United Kingdom and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the Privacy Shield Principles, we commit to resolve complaints about our collection or use of your personal information. EU, United Kingdom and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at: gushalin.com/do-not-sell.html.
We have further committed to refer unresolved Privacy Shield complaints to an alternative dispute resolution provider located in the United States. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at . Under certain conditions, more fully described on the Privacy Shield website (), you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
7. OUR COMMITMENT TO SECURITY.
The security of your personal information is important to us. We have put in place reasonable physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, to maintain data security, and to use correctly the information we collect online. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on the Sites, you can contact us at firstname.lastname@example.org.
8. HOW YOU CAN ACCESS OR CORRECT INFORMATION.
Access to personal information that is collected from our Sites and that we maintain may be available to you. For example, if you created a password-protected account within our site, you can access that account to review the information you provided.
You may also send an e-mail or letter to the following e-mail or street address requesting access to, deletion of, correction of or transfer of your personal information. For verification purposes please include your first name, last name, and e-mail address you use for such service.
We will endeavor to respond to your request to access within 30 days. Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort.
PGA TOUR Digital Marketing Department
1 PGA TOUR Boulevard, Ponte Vedra Beach, FL 32082
9. HOW TO CONTACT US.
CALIFORNIA RESIDENTS PRIVACY RIGHTS
This section applies to California residents only and is meant to supplement the other provisions of this policy. Under the California Consumer Privacy Act (“CCPA”), California residents have the following rights:
(a) Right to Know. You have the right to request that we disclose to you the following information about our collection and use of your personal information over the twelve (12) months prior to your request:
- The categories of personal information we collect about you.
- The categories of sources for the personal information we collect about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information collected about you.
- If we disclosed or sold your personal information for a business purpose, (i) a list of the categories of personal information we have disclosed in the prior twelve months and (ii) a list of the categories of personal information we have sold in the prior twelve months.
(b) Right to Deletion. You have the right to request that we delete any of your personal information that we have collected. However, in certain circumstances, we will not be able to delete your information. Examples of these circumstances include, but are not limited to, retaining your information to protect the security or functionality of our systems, complying with legal requirements and obligations, completing a transaction for you, servicing your account or where data is not reasonable able to identify you.
(c) Exercising Your Rights to Know or Deletion. To exercise your right to know or your right to deletion referenced above, please email us at email@example.com or mail us at PGA TOUR Digital Marketing Department, 13000 Sawgrass Village Circle Ponte Vedra Beach, FL 32082. We may require that you provide additional information to verify that you are the person about whom we have collected personal information and that you are a California resident. If you would like to use an authorized agent registered with the California Secretary of State to exercise your rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. We will not deny services, charge different prices, offer a different quality of service or otherwise discriminate against you for exercising your CCPA rights.
(d) Do Not Sell My Information Right. You also have the right to direct us to not sell your personal information at any time. In the past twelve (12) months, we have disclosed or sold to third parties the following categories of your personal information for business purposes described in this policy (e.g., advertising and to protect against fraud and malicious activity): personal identifiers, commercial information, information gathered for site registration, information gathered from survey or sweepstakes entries, Internet/other electronic network activity information, geolocation data, characteristics of protected classifications, characterizations based on site use and inferences drawn from this information. To opt out of the sale of your personal information, you may submit a request to us via email at firstname.lastname@example.org.
11. USERS FROM THE EUROPEAN ECONOMIC AREA ("EEA").
In accordance with the EEA’s privacy law known as the General Data Protection Regulation (“GDPR”), this Section 11 applies to users who are located in the EEA when their personal information is collected. We are the data controller (as defined in the GDPR) for processing of personal information when you use the Sites.
· Your consent (which consent you can withdraw at any time),
· Fulfillment of a contractual obligation or agreement with you
· Our legitimate interests (provided that your interests and fundamental rights do not override those interests); and
· Compliance with a legal obligation(s).
Examples of each of these legal basis are set forth in Section 2(a) above.
(b) Rights of Individuals Based in EEA. Subject to certain exceptions under the GDPR and any other applicable law, you may be able to exercise certain rights with regard to your personal information, including the following:
· Right of access to personal information
· Right to correct your personal information where it is incorrect or incomplete
· Right of erasure of your personal information if certain grounds are met
· Right to restrict/suspend processing of your personal information
· Right to complain to a supervisory authority if you believe our processing of your personal information infringes applicable law
· Right of data portability (if processing is based on consent and automated means)
· Right to withdraw consent at any time (if processing is based on consent)
· Right to object to processing (if processing is based on legitimate interests or is for direct marketing purposes)
12. UPDATES & EFFECTIVE DATE.