Privacy / Terms — GOLF CROW

Privacy Policy / Terms of Service

Last update: December 12th, 2021

Your privacy is very important to us. As a platform that does not serve advertisements or sell information about its users we are in a unique position to offer a high degree of privacy. The Privacy Label below shows a summary of our practices and is followed by the full policy and terms of service.

Privacy Label

Do we track your location? No

Do we sell your personal information? No

Do we track your activity outside of Golf Crow? No

Do we use cookies? No

Do we share your personal data with third parties? No (unless compelled by a legal authority)

Can you control who sees your activity and content? Yes

Do we use your contact list if you allow access? Yes, but only to find other Golf Crow users already in your Contacts

Do we use your camera if you allow access? Yes, but only to enable you to send us pictures from within the app

Do we send push notifications with opt out? Yes

Do we send you marketing communications with opt out? Yes

Privacy Policy

Introduction

Our privacy policy (the “Privacy Policy”) explains the information we collect, how we use and share it, how to manage your privacy controls and your rights in connection with our websites and the related mobile applications and services (collectively, the “Services”).

Golf Crow is headquartered in New York and FabForeDev Inc provides our Services to you. If you are a resident of the European Economic Area (“EEA”), FabForeDev Inc is the controller of your personal data for the purposes of EEA data protection law.

This policy was written in English. To the extent a translated version conflicts with the English version, the English version controls. Unless indicated otherwise, this Privacy Policy does not apply to third party products or services or the practices of companies that we do not own or control, including other companies you might interact with on or through the Services.

Questions or comments about this Privacy Policy may be submitted by email to golfcrow@fabforedev.com or via https://www.golfcrow.com/contact

Information Golf Crow Collects

Golf Crow collects information that you provide in order to use our Services and respond to your support requests and comments. This includes your name, mobile#, and, optionally, email address, GHIN number, and Home Course. Additionally, we collect information you provide on other players, including their name and mobile#, in order to notify them about match updates. When you create a match we also collect your device type and operating system version in order to better assist with troubleshooting, should the need arise.

PLEASE NOTE THAT WE DO NOT SHARE ANY OF THE INFORMATION YOU PROVIDE THAT SPECIFICALLY IDENTIFIES YOU OUTSIDE OF OUR PLATFORM

Location Information

We do not track your device location or ask you to provide it. However, if you create what appears to be an actual match at a particular course we in some sense know approximately where you are. But again, none of this information, at least none specifically identifying you, will be shared outside of our platform. Please note there may be instances where aggregated, anonymized scoring data may potentially be provided to your club or a regional or national golf association.

Contacts Information

You may choose to add information on your contacts name and mobile# to Golf Crow by connecting with the Contacts app on your mobile device. This information resides in your Players list and may also include identifiers on whether they are Golf Crow users and have a GHIN number. When you create matches with these players or add them to the Gallery we use push notifications to apprise them of match updates including prompts to install and sign up if they have not already done so. Push notifications may of course be turned off in Settings. You may also delete players in your list if desired.

Advertising Information

Golf Crow does not use advertisements and as such we have no need for advertising identifiers. We want you to use the product and not be the product.

Match Information

Ongoing (Active) Matches you create or are a participant in are only viewable to other players in the group or Gallery.

Saved matches and associated scoring/results are viewable to other players based on your Privacy mode setting. When Privacy mode is OFF this information is restricted to others that know your mobile number. With Privacy mode ON this information is further restricted to other players in the group or Gallery. Other players can only compare you against themselves and you will not appear in Match, Score, or Junk Leaders.

Payment Information

Golf Crow subscriptions are handled based on your device type via the App Store or Google Play. We communicate with these platforms using their APIs in order to be apprised of your subscription status but do not have knowledge of your credit card information.

Third-Party Accounts

Golf Crow does not allow access with third-party accounts e.g. Apple, Facebook, or Google.

Technical Information and Log Files

We collect information from your browser, computer, or mobile device, which provide us with technical information when you access or use the Services. This technical information includes device and network information, log files, and analytics information.

The Services use log files. The information stored in those files includes IP addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. This information is used to analyze trends, administer, protect and secure the Services, track usage in the aggregate, and gather broad demographic information. IP addresses may be linked to session IDs, user IDs and device identifiers.

Other Information

We may collect information from you through third parties, such as when we collect your feedback through surveys. We may also collect information about you from other players such as when you are a match participant.

How Golf Crow Uses Information

Golf Crow uses the information we collect and receive as described below.

To provide the Services

We use the information we collect and receive to provide the Services, including providing you with the ability to record your golf matches and analyze your performance vs. past efforts or across your player community.

Subject to your privacy mode setting, your saved match information will be shared on Golf Crow so that you may be able to participate in the Services, for example to show your place on a leader board.

To protect the Services

We use the information we collect to enforce our Terms of Service. For example, we may suspend or terminate users that violate our terms.

To improve our Services

We also use the information we collect to analyze, develop and improve the Services. To do this, Golf Crow may use third-party analytics providers to gain insights into how our Services are used and to help us improve the Services.

To communicate with you

We use the information we collect to provide support in response to your requests and comments. We may also use the information we collect to market and promote the Services, activities and events on Golf Crow, and other commercial products or services. This includes marketing and push communications, where you have not opted out of receiving such messages and notifications.

To process your subscription

We use the information we collect to process your subscription.

Aggregate Information

We do not sell your personal information. Golf Crow may aggregate the information you and others make available in connection with the Services and post it publicly or share it with third parties. Examples of the type of information we may aggregate include information about usage, demographics, rounds and scores. Golf Crow may use, sell, license, and share this aggregated information with third parties for research, business or other purposes.

How Information is shared

Other than sharing aggregated data as described above, Golf Crow does not share personal information outside of running our business and providing the Services, as set forth below.

Affiliates/Acquirers of our Business or Assets

We may share your information with affiliates under common control with us, who are required to comply with the terms of this Privacy Policy with regard to your information. If Golf Crow becomes involved in a business combination, securities offering, bankruptcy, reorganization, dissolution or other similar transaction, we may share or transfer your information in connection with such transaction.

Legal Requirements

We may preserve and share your information with third parties, including law enforcement, public or governmental agencies, or private litigants, within or outside your country of residence, if we determine that such disclosure is allowed by the law or reasonably necessary to comply with the law, including to respond to court orders, warrants, subpoenas, or other legal or regulatory process. We may also retain, preserve or disclose your information if we determine that this is reasonably necessary or appropriate to prevent any person from death or serious bodily injury, to address issues of national security or other issues of public importance, to prevent or detect violations of our Terms of Service or fraud or abuse of Golf Crow or its users, or to protect our operations or our property or other legal rights, including by disclosure to our legal counsel and other consultants and third parties in connection with actual or potential litigation.

How we Protect Information

We take several measures to safeguard the collection, transmission and storage of the data we collect. We employ reasonable protections for your information that are appropriate to its sensitivity. The Services use industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of personal information. Golf Crow engages providers that are industry leaders in online security, including Services verification, to strengthen the security of our Services. The Services are registered with site identification authorities so that your device can confirm Golf Crow’s identity before any personal information is sent. In addition, Golf Crow’s secure servers protect this information using advanced firewall technology.

Managing Your Settings

Privacy Controls

Golf Crow is essentially a private platform intended to serve the needs of golfers and their self-defined player communities. You are only ever visible to other players that know your mobile phone number. Setting Privacy Mode to ON may further restrict your saved records from view.

Adjust Notification and Email Preferences

Golf Crow offers various ways to manage the notifications you receive. You can alter the style or choose to stop receiving match notifications altogether via your device's Notifications setting. You may also unsubscribe by following the instructions contained at the bottom of marketing or promotional emails. Administrative or service-related emails (to confirm a purchase, or an update to this Privacy Policy or Terms of Service) generally do not offer an option to unsubscribe, as they are necessary to provide the Services you requested.

Updating Account Information

You may correct, amend or update profile or account information at any time in GOLF > Settings > Account > Edit Profile. If you need further assistance updating information please email Golf Crow at golfcrow@fabforedev.com.

Deleting Information and Downloading Data

While you may of course unsubscribe at any time, your saved match data remains a part of the permanent record, visible to others that participated in your matches. At present no facility exists for users to download match data, although this may well be an option at a later date.

Your Rights and our Legal Bases

We provide the same suite of privacy tools and controls to all of our members worldwide. Particular rights may be available to you if you reside in certain locations. Golf Crow relies on a number of legal bases to collect, use, share, and otherwise process the information we have about you for the purposes described in this Privacy Policy, including:

• As necessary to provide the Services and fulfill our obligations pursuant to the Terms of Service. For example, we cannot provide the Services unless we collect and use your mobile number;

• Where you have consented to the processing;

• Where necessary to comply with a legal obligation, a court order, or to exercise and defend legal claims;

• To protect your vital interests, or those of others, such as in the case of emergencies; and

• Where necessary for the purposes of Golf Crow’s or a third party’s legitimate interests, such as our interests in protecting our players, and our commercial interests in ensuring the sustainability of the Services.

Processing

The Services are operated from the United States. If you are located outside of the United States and choose to use the Services or provide information to us, you acknowledge and understand that your information will be transferred, processed and stored in the United States, as it is necessary to provide the Services and perform the Terms of Service. United States privacy laws may not be as protective as those in your jurisdiction.

Retention

We retain information as long as it is necessary to provide the Services to you and others, subject to any legal obligations to further retain such information. Information associated with your account will generally be kept until it is no longer necessary to provide the Services. In addition, you can delete some items of information (e.g. profile information) and you can remove visibility on the Services (Privacy Mode setting) without deleting your account. Information connected to you that is no longer necessary and relevant to provide our Services may be de-identified or aggregated with other non-personal data to provide commercially valuable insights, such as statistics of the use of the Services. For example, we may retain hole-by-hole data or other depersonalized match information to continue to improve the Services. This information will be de-associated with your name and other identifiers.

Other Golf Crow Sites

Golf Crow may maintain certain websites that can be accessed outside of https://www.golfcrow.com (the “Other Sites”). The Other Sites may maintain the look and feel of the Services, but are hosted by outside service providers with their own terms and privacy policies. If you interact with the Other Sites, your information may be stored, processed, or shared outside of the Services. If you interact with the Other Sites, you acknowledge that you may be subject to the terms and conditions and policies applicable to such Other Sites. Please be aware that any personal information you submit to the Other Sites may be read, collected, or used by other users of these forums indefinitely, and could be used to send you unsolicited messages. Golf Crow is not responsible for the personal information you choose to submit via the Other Sites. We retain information as long as it is necessary to provide the Services to you and others, subject to any legal obligations to further retain such information. Information associated with your account will generally be kept until it is no longer necessary to provide the Services. In addition, you can delete some items of information (e.g., profile information) and you can remove visibility on the Services (Privacy Mode setting) without deleting your account.

Modifications

Golf Crow reserves the right to modify this Privacy Policy at any time. If Golf Crow makes changes to this Privacy Policy, the updates will be posted on the Services in a timely manner and, if we make material changes, will be accompanied by a prominent notice. If you object to any of the changes to this Privacy Policy, please stop using the Services.

Terms of Service

The following Terms of Service (the "Terms") govern access to and use of the Golf Crow mobile application and website (the "Service") operated by FabForeDev Inc ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance and compliance with these Terms. The Terms apply to all users, visitors, and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms do not access or use the Service.

Terms Highlights

- Your privacy is super important to us and we value it highly. How we collect and use information is described in our Privacy Policy

- You can cancel your subscription at any time via the App Store or Google Play. Beyond the free trial period we do not offer refunds

- Your saved matches are part of the permanent record and cannot be deleted

- We are not liable for your activities and no warranties are made by FabForeDev Inc

- We can cancel or suspend your account if you act inappropriately

- We want your feedback and you allow us to use it

- You agree to arbitrate if there is a dispute between us

- There are easy ways to reach us if you have questions or need help

Jurisdiction

These Terms shall be governed and construed in accordance with the laws of New York State, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the Terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

The Terms constitute the entire agreement between you and FabForeDev Inc with respect to your use of the Service and you agree that no joint venture, partnership, joint controllership, employment or agency relationship exists as a result of the Terms or your use of the Service.

Modifications / Privacy

We reserve the right to modify or amend the Terms from time to time without notice. Your continued use of our Service following the posting of changes to these Terms signifies your acceptance of those changes. By using the Service, you also agree to our Privacy Policy.

Disclaimer and Limitation of Liability

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, data accuracy or course of performance.

FabForeDev Inc, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any time or particular location; b) any errors or defects will be corrected; c) the Service is free of harmful components; or d) the results of using the Service will meet your requirements.

To the maximum extent permitted by law, we will not be liable for any damages of any kind arising from the use of the Service.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of FabForeDev Inc and its licensors. The Service is protected by copyright, trademark and patents and other laws of both the United States and foreign countries. Our trademarks, copyrighted materials, patents, and trade dress may not be used in connection with any product or service without the prior written consent of FabForeDev Inc.

Conduct

We want the Service to be safe, secure and in accordance with the law. The Service is for your personal and noncommercial use. You may not copy, create derivative works from, display, distribute, license, modify, publish, sell or transfer for any commercial purpose any portion of the Service, use of the Service, or access to its content. You may not use the service or assist or encourage any other party to engage in any of the following prohibited activities:

a) Copy or mirror any part of the Service;

b) Access the Service to monitor its availability, performance or functionality;

c) Permit any third party to access the Service;

d) Copy, create a derivative work, decompile, modify, reverse engineer or otherwise attempt to extract the source code of the software underlying the Service or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to FabForeDev Inc;

e) Enter content, material, information or data that is harmful or interferes with the Service or any third party networks, equipment, applications, services, or websites;

f) Attempt to degrade, disrupt, impair or violate the integrity or security of the Service or associated accounts, computers or networks including any activity that typically precedes attempts to breach security

g) Use an automated system or take any action that interferes with our infrastructure;

h) Bypass measures we may use to prevent or restrict access to the Service.

Termination

You agree that FabForeDev Inc may under certain circumstances and without prior notice, immediately suspend or terminate your account and/or access to the Service. Cause for such suspension or termination shall include but not be limited to breaches or violations of the Terms.

Indemnification

You agree to defend, indemnify and hold harmless FabForeDev Inc and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Arbitration

Any controversy or claims arising out of or relating to the Terms of Service or use of the Golf Crow mobile application, including any claim that the Terms of Service or any part thereof is invalid, illegal or otherwise voidable or void, shall be submitted to final and binding arbitration before, and in accordance with, the Commercial Rules of the American Arbitration Association before (1) arbitrator, and judgment upon the award may be entered in any court having jurisdiction thereof. Such arbitration is to take place in New York City, NY, unless both parties agree to another location.

Apple

This section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Golf Crow only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third-party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third-party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

In-App Purchase. Certain enhanced features of the Service are available for your purchase through Apple App Store. The purchase(s) is/are referred to collectively as the “In-App Purchase(s)” and are subject to the following terms:

(a) When you make an In-App Purchase, payment will be charged to your iTunes account at confirmation of the purchase.

(b) In-App Purchase may take the form of an auto-renewable subscription. These subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current subscription period. Your iTunes account will be charged for renewal within 24-hours prior to the end of the current subscription period. You may manage the subscriptions and turn off auto-renewal by going to your iTunes account settings after purchase.

For any inquiries relating to In-App Purchase, please contact Golf Crow at golfcrow@fabforedev.com.

Contact Info

Questions or comments about these Terms may be submitted by email to golfcrow@fabforedev.com or via https://www.golfcrow.com/contact