INFORMATION WE COLLECT
Personal information collected about you includes your name and address, gender, age, telephone number and email address, and other information we maintain about you when you visit our Locations and voluntarily contact us through our Sites, including information you provide on sign-up and membership registration pages, surveys, or other submission and/or purchases through our Sites. We also collect certain personal information through your use of a mobile device, such as smartphones, tablets and iPads. This information includes your mobile device identifier, device type and IP address.
HOW PERSONAL INFORMATION WE COLLECT IS USED
The personal information collected is combined with other information collected about you and is used and disclosed in a number of ways by us, to help us better understand and serve our customers, including:
- providing you with, or otherwise responding to your requests for, information and/or services, including but not limited to e-newsletters, marketing programs, forward-to-a-friend or other options in our marketing programs;
- providing you with information about new products or services, events at our Locations, events that Five Iron Golf sponsors, including contests, sweepstakes and surveys, and other special offers and marketing programs, which may include information about partner companies or other programs any of us or them are involved with;
- enhancing our customers’ experiences at our Locations and on this Site;
- processing payments for merchandise purchased on our Site;
- analyzing customer behaviors and trends;
- conducting research and analysis and to otherwise measure the effectiveness of our online and offline marketing efforts and to develop products, services and marketing programs;
- coordinating program activities and communications with other marketing programs conducted by us.
Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose. For example, if you complete an online purchase we may collect your information to perform our obligations to you, but we also collect your information as we have a legitimate interest in maintaining your information after your transaction is complete so that we can quickly and easily respond to any questions about your order. As a result, our collection and processing of your information is based in different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our business.
We do not sell or rent to third parties any of the personal information that you provide to us through our Sites or at our Locations, or authorize any of our suppliers to sell or rent any such personal information, and we do not authorize any of our suppliers to make independent use of your personal information for their own purposes, including but not limited to direct marketing.
SITE USAGE INFORMATION & COOKIES
As is true of most websites, our sites track the total number of visitors to each site, the number of visitors to each page of our Sites, pages visited per use, browser type, IP addresses, exit page, duration of use, and operating system type, in order to administer our Sites and analyze trends and statistics to evaluate our visitors’ preferences and the effectiveness of the Sites.
On occasion, Five Iron Golf may conduct or sponsor contests/sweepstakes with the opportunity to win prizes. Each contest/sweepstakes has its own terms and conditions (“Official Contest/Sweepstakes Rules”). As part of entering a contest or sweepstakes online through our Sites or through a third-party provider site, certain personal information (including your name, address, phone number) is required. This information will be used as described in the applicable Official Contest/Sweepstakes Rules.
SHARING YOUR PERSONAL INFORMATION
In addition to the specific situations discussed elsewhere in this policy, we disclose information in the following situations:
- Affiliates and Acquisitions. We may share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires, or plans to acquire, our company, business, or our assets, we will also share information with that company, including at the negotiation stage.
- Other Disclosures with Your Consent. We may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this policy.
- Other Disclosures without Your Consent. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third party intermediary.
- Public. Some of our Sites may provide the opportunity to post comments, or reviews, in a public forum. If you decide to submit information on these pages, that information may be publicly available.
- Service Providers. We may share your information with service providers. Among other things service providers may help us to administer our Sites, conduct surveys, provide technical support, process payments, fraud prevention and assist in the fulfillment of orders.
In addition, we may share data in other unanticipated circumstances with your prior valid consent.
PROTECTION OF PERSONAL INFORMATION
Five Iron Golf takes reasonable and appropriate steps to keep your personal information confidential. Although we can’t guarantee that there will never be a security problem, we have in place appropriate security measures to guard against the loss or misuse of the information collected on our Sites and at our Locations. In the event that we are required by law to inform you of a breach to your personal information, we may notify you electronically, in writing, or by telephone, if permitted to do so by law. You use our Sites and visit our Locations and provide us information at your own risk.
QUESTIONS AND MORE INFORMATION
If you have any questions or concerns about the privacy or security of your information, you may contact us in any of the following ways:
- You may send an email to email@example.com
- You may send mail to the following postal address: Customer/Member Service 883 Avenue of the Americas, Fl. 3, New York, NY 10001
- You may call the following telephone number: 315-613-4653
EFFECTIVE DATE: FEBRAURY 15, 2023
YOUR CHOICES ABOUT THE INFORMATION WE COLLECT
Information about our marketing communications to you (e.g., how you may opt in or out) are set forth below.
Updating and Deleting Your Personal Information. Some of our online offerings may allow you to modify or delete your account profile. Note that we may keep some Personal Information as permitted by law.
Email. You may unsubscribe from marketing emails we send you through the opt-out mechanism included in each such email. We reserve the right to send you certain communications relating to your use of our products or services, notices of changes to this Privacy Notice or other terms, or similar administrative and transactional messages.
Text Messages. Personal Information obtained from you in connection with a SMS/text message service may include your mobile phone number, your carrier’s name, the date, time and content of your messages, and other information you provide to us as part of this service. You can unsubscribe at any time by texting “STOP” to the number provided in the SMS/text message. A SMS/text message will be sent confirming your removal. We reserve the right to remove subscribers from our messaging database. For more info, text “HELP” to the number provided in the SMS/text message.
Terms and Conditions
Five Iron Golf (hereinafter referred to as “Five Iron Golf”, “Company” “we” or “us”) welcomes you to our websites (collectively, hereinafter referred to as the “Site”). Below are the Terms and Conditions for use of the Site. By using or accessing the Site, you hereby agree to be bound by these Terms and Conditions. If you do not agree with the Terms and Conditions, discontinue or do not use this Site. These Terms and Conditions are subject to change and can be modified at any time. Be sure to review these Terms and Conditions periodically for updates, as your continued use of the Site signifies your acceptance of any changed terms and conditions set forth herein.
Use of the Site:
The Site is made available to provide information about Five Iron Golf. You may not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions, or cause damage on or through this Site. You agree that none of your communications with or through the Site will violate any applicable local, state, national, international or other law. You further agree that none of your communications with or through the Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to interrupt or to attempt to interrupt the operation of the Site in any manner.
You agree to defend, indemnify, and hold Five Iron Golf, its affiliates, officers, directors, employees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, causes of action, damages, losses, expenses, liabilities and settlements including, without limitation, reasonable legal and accounting fees and costs of suit, resulting from, or alleged to result from, or arising out of or in connection with, your use of the Site, including without limitation your use of the Site in a manner that violates or is alleged to violate these Terms and Conditions or any applicable law.
The copyright in all content provided on this Site is held by Five Iron Golf or by the original creator of the content. Except as provided herein, such content may not be reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Five Iron Golf or the copyright owner.
The trademarks, service marks and logos (“Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Five Iron Golf and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner.
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Site, please notify Five Iron Golf immediately.
Disclaimer of Warranty and Limitation of Liability:
Five Iron Golf does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is solely at your own risk.
THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. FIVE IRON GOLF, ITS AFFILIATES, LICENSORS, SUPPLIERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL FIVE IRON GOLF, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE, ITS FEATURES AND/OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF FIVE IRON GOLF OR ANY SUCH OTHER PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
FIVE IRON GOLF, ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FEATURES OF OR INFORMATION AVAILABLE ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. FIVE IRON GOLF UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY OR CURRENCY OF SUCH INFORMATION.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you.
Links to Other Websites:
The Site may from time to time display links to other websites or resources sponsored by third parties. Five Iron Golf is not responsible or liable for, and does not endorse, the content or operation of such third-party websites, including but not limited to the advertising, products or other materials on or available from such websites or resources. Various third-party websites may provide links to this Site. We have not reviewed any or all of the third-party websites linked to this Site. We are not responsible for the content of any off-site pages or any other websites linked to this Site. Your linking to this Site, off-site pages or other websites is at your own risk.
Five Iron Golf may terminate your access to this Site immediately without notice if, in Five Iron Golf’s sole discretion, you fail to comply with any of the Terms and Conditions set forth herein.
Five Iron Golf reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including suspending or blocking your access to the Site.
No delay or failure by Five Iron Golf to enforce any of these Terms and Conditions shall constitute a waiver of any of our rights hereunder. Neither the receipt of any funds by Five Iron Golf nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of Five Iron Golf shall have any legal effect.
If any clause or provision set forth in these Terms and Conditions is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
The headings contained herein are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in these Terms and Conditions.
Governing Law and Jurisdiction:
Five Iron Golf makes no representation that the information in this Site is appropriate or available for use outside of the United States, and access to this Site from territories where the content of the Site may be illegal is prohibited. If you access this Site from outside the United States, be advised this Site may contain references to products and services that are not available or are prohibited in your country. Those who choose to access this Site from outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws.
Personal Data Retention and Processing
This document aims to describe which personal data is stored, transmitted, used and retained.
For the purpose of booking services from the client, it’s necessary to collect some Personal
Identifiable Information (PII).
The data mentioned below is collected from the user’s browser and securely transmitted using
SSL to the back-end.
The following data points are stored in the database and transmitted to MBO for the purpose of
recording service appointments:
• First Name
• Last Name
• Email Address
• Phone Number
• Zip Code
The following data points are not stored, but they are transmitted to MBO (together with full
name) for the purpose of processing payments:
• Address, Country, City, State, Zip Code
• Credit Card Type, Number and CVV
In the event that a client requests personal data to be deleted, please follow these steps:
• delete from DB table user_entity relevant rows.
• delete from DB table mbo_appointment_entity relevant row
Updated: February 15, 2023