Legal

Our Privacy Policy has been updated and has an Effective Date of 5 January, 2023 

This Privacy Policy describes the types of personal information we collect about you, what we do with it, and with whom we share it. It is your responsibility to review this Privacy Policy carefully, especially before providing any personal information

This Privacy Policy applies to the websites, mobile applications and other interactive features and online services, owned or operated by Topgolf Callaway Brands Corp. or one of its subsidiary or affiliated companies (collectively, “Company”) that post a link to or include this Privacy Policy (collectively, the “Sites”). This Privacy Policy describes our information and privacy practices with regard to the Sites and information we collect offline, which we may combine with online data.

Please take a moment to review this Privacy Policy.  Please also review the Terms and Conditions, which explains who we are and governs your use of the Sites. Please note that certain features or services discussed in this Privacy Policy 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 personal information as described in this Privacy Policy. If you do not agree with the terms of this Privacy Policy and the applicable Terms and Conditions, do not access or use the services or provide personal information to us.

SUMMARY

This summary provides an overview of some important information regarding our collection, use, and sharing of personal information.  PLEASE REVIEW OUR FULL PRIVACY POLICY BEFORE USING OUR SITES.

• We may collect personal information from you, which we primarily use in connection with your relationship with the Company, 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 information through your use of the Sites, which may include information about your location. We may also collect personal information about you from third parties. Please review the “Information We May Collect Through the Sites And How We Collect It” and “How We May Use the Information Collected" sections of this Privacy Policy for a full description of the information we collect and how we use that information.

• We may share your information 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 section below titled “Sharing Information with Third Parties”. 

• The Company works with network advertisers, ad agencies, analytics providers, and similar vendors who may set and access their own tracking technologies (such as cookies and web beacons) and they may otherwise collect or have access to information about you and your interactions with us, and may use that information to serve you targeted ads on our Sites and elsewhere online. For more information, including your opt-out choices, please review our Ad and Cookie Policy.

TABLE OF CONTENTS

• INFORMATION WE MAY COLLECT THROUGH THE SITES AND HOW WE COLLECT IT
• HOW WE MAY USE THE INFORMATION COLLECTED
• SHARING INFORMATION WITH THIRD PARTIES
• ONLINE ADVERTISING AND ANALYTICS PROVIDERS
• OUR “DO NOT TRACK” POLICY
• LEGAL BASES OF PROCESSING
• YOUR CHOICES: CHANGING YOUR PREFERENCES AND ACCESSING, UPDATING, OR DELETING YOUR PERSONAL INFORMATION
• THESE SITES ARE NOT INTENDED FOR CHILDREN
• DATA SECURITY AND RETENTION
• JURISDICTION AND CROSS-BORDER TRANSFER
• THIRD PARTY CONTENT, LINKS TO OTHER SITES, AND COMPANY CONTENT FOUND OUTSIDE OF THE SITES
• CONTACT US
• CHANGES TO PRIVACY POLICY

INFORMATION WE MAY COLLECT THROUGH THE SITES AND HOW WE COLLECT IT

We collect information from you directly, automatically when you visit the Sites, and sometimes from third parties. Some of this information may be considered “personal information” under various applicable laws.  We consider information that identifies you as a specific, identified individual to be personal information (such as your name, phone number, email address), and we treat additional information, including IP addresses and cookie identifiers, as “personal information” where required by applicable law.  And, if we combine information we consider to be non-personal with personal information, we will treat that combined information as personal information under this Privacy Policy.  Note that we may de-identify personal information 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 will treat de-identified information as non-personal to the fullest extent allowed by applicable law.

Information You Provide to the Sites

The Company may ask you to provide information through or to the Sites when you interact with us, including contact information (such as your name, phone number, street address, and email address) and other information about you, such as demographic information (ZIP code, gender, income, and day and month of birth (for example), and information about your interests and preferences (such as information about your lifestyle or your golf game and your buying preferences). Under certain limited circumstances, for example if you are involved in a promotion, contest, or sweepstakes, we may also collect your Social Security Number (SSN), tax ID, passport number, and TSA pre-check or global entry number. You may provide personal information, demographic data and other information through various forms and features on the Sites.

In addition, some services on the Sites allow you to make purchases online, and therefore require that you supply us with information associated with your credit card information or other accepted form of payment as well as security information like your mother's maiden name.

Information You Provided Through Market Research Surveys

We may, from time to time, invite you to participate in market research surveys. The types of information 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 information you provide by participating in our market research focus groups is entirely voluntary and you have no obligation to provide any personal information or to respond any questions or portion of the research activity.

Information We Collect Automatically As You Access and Use the Sites

In addition to any personal information or other information you choose to submit to the Sites, we, and our third-party business partners (including, without limitation, any third-party advertisers and content or analytics providers), may use a variety of technologies that automatically or passively collect certain information whenever you visit or interact with the Sites (“Site Usage Information”). This Site Usage Information may include the website browser or operating system you are using, the URL or advertisement that referred you to our Sites, the search terms you entered into a search engine that led you to our Sites, all of the areas within our Sites that you visit, and the time of day, the next website you visit after leaving our Sites, among other information. We may use this Site Usage Information for a variety of purposes, including, without limitation, enhancing or otherwise improving the Sites. Site Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as personal information. As you use the Sites, we will also track videos you watch and how you interact with the content.

In addition we automatically collect your IP address or other unique identifier (“Device Identifier”) for your computer, mobile phone, or other device used to access the Sites. We may be able to collect or infer your approximate location through information we collect, such as an IP address. A Device Identifier is a number that is automatically assigned to your device used to access the Sites, and our servers identify your device by its Device Identifier.

Tracking Technologies

We use certain tracking technologies to collect Site Usage Information and Device Identifiers when you use our Sites, including cookies, web beacons, and embedded scripts. We use these technologies for a variety of reasons, such as to allow us to better understand how you use the Sites and interact with us. 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 Policy .

Location Data

We may collect specific information 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 information in the background. You may be able to turn off the collection of location information through your device settings. However, please note that we may still be able to collect or infer your approximate location through other information we collect, such as IP address. In addition, some mobile service providers may also provide us or our third-party service providers with information regarding the physical location of the device used to access the Sites.

Fitbay Locations

If you visit one of our Fitbay locations, we may also collect information 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.

Information Third Parties Provide About You

We may receive information about you from third parties, including business partners and data providers. If you are on another website and agree to receive information from the Company, that website will forward your information to us so that we may contact you. We may also supplement the information we collect with outside records from third parties 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 information we receive from third parties with information we collect through the Sites. In those cases, we will apply this Privacy Policy to the combined information. The information collected and stored by the third party is subject solely to the third party’s privacy practices.

Social Media Interactions

The Sites may permit or facilitate interactions with an interactive third-party website or service (“Social Media”), 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 information may be public and the third party may have access to information 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) information about you.

We may also receive information about you if other users of Social Media give us access to their profiles and you are one of their connections or “friends”. The information we collect is subject to this Privacy Policy. The information 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 information with us, the types of information 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 information about you through the application or feature, but may retain the information previously collected.

HOW WE MAY USE THE INFORMATION COLLECTED

The Company may use information collected through the Sites:

To allow you to participate in the Sites and features we offer. We may use your information to provide you with services, and allow you to participate in features and activities we offer. This may include processing information you provide via your account registration with the Sites, including, verifying that your email address is active and valid.

We communicate with you and tailor content, ads, offers. We may use your information to personalize your experience and tailor content we display to you, such as advertising, recommendations, promotions, and offers we display to you, both on the Sites and elsewhere online. We may also communicate with you about our products and services (including marketing messages and transactional messages relating to your use of our Sites or changes to our policies), and may send you  special offers and promotions from us, our advertisers, and third-party partners using the contact information you provide.

In connection with your purchases and for customer service. We use information to fulfill transactions, process payments and orders, and send you confirmations and receipts.  We also use information to provide customer service, including in connection with any delivery, billing, or payment processing inquiries.

To operate and protect our Sites. We use information for internal business purposes such as to improve our Sites or our products and services and to comply with regulatory and legal obligations.  We also use information about our users to protect our Sites and our customers from errors, misuse of the Sites, fraud, or any criminal activity and detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies for the Sites.

We may also use information for any other purposes consistent with this Privacy Policy, as disclosed at the time you provide your information, or otherwise with your consent.

We do not use your information to make decisions with legal effects based solely on automated processing, including profiling

SHARING INFORMATION WITH THIRD PARTIES

The Company may share non-personal information, which may include Site Usage information, information that has been hashed or otherwise de-identified, or a Company identification or transaction number, with third parties in our discretion, including for advertising purposes. We do not share your personal information with third parties for those third parties’ own direct marketing purposes unless you consent to such sharing. In addition, the Company may share this information we have collected about you as allowed by law and as disclosed at the time you provide your information or otherwise with your consent, as described in this Privacy Policy and in the following circumstances:

Topgolf Callaway Brands Family of Companies. The Company includes several brands and companies, some of which operate as subsidiaries, affiliates or joint ventures. Please visit www.topgolfcallawaybrands.com for a list of these entities When the Company collects information on one of our Sites, it will be accessible across the Topgolf Callaway Brands Family of Companies. The information will be used for business, operational and marketing purposes, subject to applicable law.

When You Request That We Share Your Information. We may share information when you direct us to do so. You may be presented with an opportunity to receive marketing offers from a third party or you may engage with a Social Media service or other third party application or feature, through which information about you is shared. Please note that we are not responsible for the privacy practices of third parties. If you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly.

Third Parties Providing Services on Our Behalf.  We may share information 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 information 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 information.

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 information 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). 

Administrative and Legal Reasons.  The Company may transfer and disclose information to third parties to comply with a legal obligation, when we believe in good faith that the law requires it; at the request of government or investigatory authorities conducting an investigation; to verify or enforce our Terms and Conditions or other applicable Sites policies; or otherwise to protect our rights, property, safety, or security or that of other Sites visitors or the public, such as when we are investigating potential fraud. For example, we may share information to respond to a court order or subpoena. We may also use Device Identifiers to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers, or law enforcement agencies, in our discretion.

Employment Applications. If you apply for a job with the Company or any of our subsidiaries or affiliates, we or our service provider(s) may ask you to provide self-identifying information (such as veteran status, gender, and ethnicity) in conjunction with laws and regulations enforced by government or regulatory agencies. Please note that we utilize a careers portal that is operated by a third party. Providing such self-identifying information is voluntary, but if you do provide such information, we and/or our service providers may submit that information to the appropriate government or regulatory agencies to fulfill reporting requirements and use that information to defend against employment-related complaints.

Business Transfers.  In the event the Company 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 information owned or under the control of the Company 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 information and other information we have collected from users of the Sites.  By providing your personal information, you agree that we may transfer such information 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.  

ONLINE ADVERTISING AND ANALYTICS PROVIDERS AND SIMILAR THIRD PARTIES

BELOW WE PROVIDE A BRIEF OVERVIEW OF OUR THIRD PARTY ADVERTISING AND ANALYTICS PRACTICES. FOR A FULL DESCRIPTION AND TO LEARN MORE ABOUT HOW WE SHARE YOUR INFORMATION FOR THESE PURPOSES, PLEASE READ OUR AD AND COOKIE POLICY.

We work with a variety of third party business partners, such as network advertisers, ad agencies, and other advertising partners to serve Company ads online and through our Sites. We and these third parties use information we have learned about you to target ads to you. We also use analytics providers to provide us with information regarding the use of Company Sites and the effectiveness of our advertisements. These third parties may set and access their own tracking technologies on your device (including cookies and web beacons), and they may otherwise collect or have access to personal information about you. We and our third party advertising and analytics providers may collect personal information over time when you visit the Sites or other online websites and services. We may share information, typically information that has been hashed or otherwise de-identified (including hashed email addresses), Usage Information, and location information, with third party advertising companies, analytics providers and other third parties for the purpose of serving you more relevant ads on and off the Sites.

We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Sites and report on activities and trends. This service may also collect information regarding the use of other websites, apps, and online services. 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.

Some of these third party advertising and analytics providers are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and “opt-out” procedures of NAI members. You may also want to visit http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an “opt-out” by participating companies in the DAA Self-Regulatory Program.  To learn more about interest-based advertisements from participating third parties in jurisdictions outside of the United States, please visit the Canadian DAA online choice page at http://youradchoices.ca/choices/ and the European DAA online choice page at http://youronlinechoices.eu/.

For mobile applications, you may be able to limit certain advertising practices using the settings on your phone, tablet, or other mobile device. Also, on most mobile devices, you can install the DAA’s AppChoices app to make choices about cross-app interest-based advertisements from participating third parties. You may review additional information on opting out of mobile devices at https://www.networkadvertising.org/mobile-choice/.

Please note that opting out through these mechanisms does not opt you out of being served advertising. You will continue to receive generic ads while online. 

OUR “DO NOT TRACK” POLICY

Some browsers have “Do Not Track” features that allow you to tell a website not to track you. These features are not all uniform and there is no consensus as to what “Do Not Track” means in this context. The Company uses commercially reasonable efforts to detect and process “Do Not Track” signals. To find out more about “Do Not Track”, please visit www.allaboutdnt.com.

LEGAL BASES OF PROCESSING

The company relies on several different legal grounds to collect and process personal information, including (1) as necessary to perform a transaction, such as responding to your requests or fulfilling an order, (2) as necessary to comply with a legal obligation, such as legally mandated recordkeeping, (3) consent, such as for marketing or certain cookies, and (4) as necessary for legitimate interests, such as maintaining the Company’s business processes.

YOUR CHOICES: CHANGING YOUR PREFERENCES AND ACCESSING, UPDATING, OR DELETING YOUR PERSONAL INFORMATION

You may 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 divisions or Sites may not change your preferences for all Company Sites. You may opt out of receiving marketing e-mails by following the opt-out instructions provided to you in those e-mails. You may also request that we stop, or limit, using your information.

You may also request that we remove your personal information from our system or that we rectify your personal information if the personal information we have stored is incorrect or incomplete. You may also request a description of the personal information we have collected about you, or to receive a copy of your collected data. You may also request that we transfer your personal information to another company or to receive your personal information in a structured, commonly used and machine-readable format.

If you have provided us with your consent to collect or use your personal information, you may withdraw your consent at any time and for any reason, without affecting the lawfulness of our processing based on your consent prior to the withdrawal. If you feel that we have violated your privacy rights, you have the right to make a complaint to us using the information listed below or to contact your local data protection authority.

To exercise the foregoing rights, please fill out this privacy rights request form. Please note your right to access your personal data is not absolute. We may deny you access to your personal data when required or authorized by law. For example, we may deny access if granting access would have an unreasonable impact on another individual’s privacy.

If you want to opt out of having your information shared with unaffiliated third parties for their own marketing purposes, please email us.

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.

You can turn off the GPS locator on your device. You can also turn off push notifications in your device settings.

If the Company offers and you choose to sign-up to communicate with us via text message, you may unsubscribe by replying "STOP.”

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. You may update the information you have provided to us by logging into the “Account” setting or similar page for one of the Sites. The Company will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. Note, however, that information may persist internally for administrative purposes and that residual data may remain on backup media or for other reasons.

THE SITES ARE NOT INTENDED FOR CHILDREN

The Sites are general audience and do not target users younger than the age of 18.  We do not knowingly collect personal information online from children younger than the age of eighteen (18).  If you are a parent or guardian and think we have information about your child under the age of 13 or the relevant age of consent in your country, please contact us.

DATA SECURITY AND RETENTION

The Company uses commercially reasonable technical and organizational measures designed to secure your personal information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. The Company cannot guarantee that the Internet or your mobile device will be completely secure and cannot warrant or ensure the security of any information we collect. You use our Sites and provide us information at your own risk.

We store personal information 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 Policy. We will also store personal information 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. 

JURISDICTION AND CROSS-BORDER TRANSFER

These Sites are controlled and operated by the Company from the United States and are not intended to subject the Company to the laws or jurisdiction of any state, country or territory other than that of the United States. If you are located outside of the United States, any information you provide to us will be transferred to the United States. Transfers of personal data between Company affiliates and other companies in the UK/EEA and those outside the UK/EEA are made according to applicable law, such as the use of approved standard contract clauses.

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 information 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 information, you consent to the transfer of information 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 information 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.

THIRD PARTY CONTENT, LINKS TO OTHER SITES, AND COMPANY CONTENT FOUND OUTSIDE OF THE SITES

Certain content on the Sites may be hosted and served by third parties, and the Sites may contain links to third party websites that the Company does not control. 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 Company logo as part of a co-branding agreement. In addition, Company widgets or other Company content may be included, among other places, on web pages and websites that are not associated with the Company and over which we have no control. These third parties may collect Site Usage Information through the use of their own cookies and web beacons, independently collect data or solicit personal information, and may have the ability to track your use of their sites and services. The Company is not responsible for the privacy or other practices employed by any third party.

CONTACT US

If you have any questions about this Policy, please email us at [email protected]. You can also write to us or call us at:

United Kingdom

Callaway Golf Europe Ltd.

Unit A27 Barwell Business Park Leatherhead Road Chessington Surrey, KT9 2NY United Kingdom Phone: 0800 026 4653

European Economic Area

Jack Wolfskin Equipment for Draussen GmbH & Co. KGaA

Jack Wolfskin Kreisel 1

65510 Idstein / Ts.

Phone +49 6126 954 0

[email protected]

United States

Topgolf Callaway Brands Corp.

Attn: Privacy Team

2180 Rutherford Road

Carlsbad, CA 92008

Phone: 760-931-1771

CHANGES TO PRIVACY POLICY

To the extent allowed by applicable law, the Company reserves the right to change or modify this Privacy Policy at any time and will notify you of material changes by posting the changed or modified Privacy Policy on our Sites. We may also provide notice to you in other ways, such as through contact information you have provided. Any changes will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified.  Your continued use of the Sites after the effective date of the revised Privacy Policy (or such other act as specified in the revised Privacy Policy) will constitute your consent to those changes to the fullest extent allowed by applicable law. However, the Company will provide notice and obtain your consent to the new policy if required. Note that you may need to consent to our new policies in order to continue to use our Sites and services.

© 2023 Topgolf Callaway Brands Corp.