Legal

This Privacy, Ad, & Cookie Notice (“Notice”) has been updated and has an Effective Date of 11th October, 2023

This Notice 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 Notice carefully, especially before providing us with any personal information.

This Notice applies to the websites, physical locations, 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, “Topgolf Callaway Brands”) that provide this Notice (collectively, the “Sites”). This Notice 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 Notice. 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 Notice may not be offered on the Sites at any particular time. By using these Sites, you agree to the collection, disclosure, and use of your personal information as described in this Notice. If you do not agree with the terms of this Notice and the applicable Terms and Conditions, do not access or use the services or provide personal information to us.

TABLE OF CONTENTS

1. PERSONAL INFORMATION WE MAY COLLECT
2. HOW WE MAY USE THE PERSONAL INFORMATION COLLECTED
3. SHARING INFORMATION WITH THIRD PARTIES
4. THIRD PARTY ADVERTISING, ANALYTICS, AND PRIVACY CONTROLS (AD & COOKIE NOTICE)
5. YOUR PRIVACY CHOICES
6. THESE SITES ARE NOT INTENDED FOR CHILDREN
7. DATA SECURITY AND RETENTION
8. JURISDICTION AND CROSS-BORDER TRANSFER
9. CONTROLLERS
10. THIRD PARTY CONTENT, LINKS TO OTHER SITES, AND TOPGOLF CALLAWAY BRANDS CONTENT FOUND OUTSIDE OF THE SITES
11. CONTACT US
12. CHANGES TO NOTICE

1. PERSONAL INFORMATION WE MAY COLLECT

We may collect information from you directly, automatically when you visit the Sites, and 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 Notice. 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. We 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 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 government ID, tax ID, passport number, and global entry number. You may provide personal information, demographic data and other information through various forms and features on the Sites. In addition, 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 Notice.
  • 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, our affiliates, publicly available sources, and data providers. If you are on another website and agree to receive information from us, 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 conduct a background check if you apply for employment or become an employee, 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 Notice 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 Notice. 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.

2. HOW WE MAY USE THE PERSONAL INFORMATION COLLECTED

We may use information collected through the Sites for the purposes and legal bases below:

Context	Type of Information	Purpose and Legal Basis for Collection and Use
Contact Information	This may include your first and last name, phone numbers, email address, and billing and shipping addresses. This may also include your social media handle.	We have a legitimate interest in understanding our users and providing tailored services.
Cookies and First-Party Tracking	We use cookies and other first party trackers.	We have a legitimate interest in making our online Sites operate efficiently.
Cookies and Third-Party Tracking	We participate in behavior-based advertising; this means that a third party uses technology (e.g., a cookie) to collect information about your use of our online Sites so that they can provide advertising about products and services tailored to your interests on our online Sites, or on other websites.	We have a legitimate interest in engaging in behavior-based advertising and capturing website analytics.
Demographic Information	We collect personal information, such as your age, gender, birth date, income level or location.	We have a legitimate interest in understanding our users and providing tailored services.
Dispute Resolution	We may collect and use your personal information to resolve disputes, respond to regulatory investigations or in defense of legal claims	We have a legitimate interest in resolving any disputes related to our business; we may be required by the applicable law to provide personal information in the context of the prevention and detection of crime.
Email Interconnectivity	If you receive email from us, we use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases.	We have a legitimate interest in understanding how you interact with our communications to you.
Employment	If you apply for a job posting or become an employee, we collect the information necessary to process your application or to retain you as an employee. This may include, among other things, educational information, eligibility to work, work history, national identification and national insurance or social security documents and numbers. Providing this information is required for employment.	We use information about current employees to perform our responsibilities as an employer. In some contexts, we are also required by law to collect information about our employees. We also have a legitimate interest in using your information for efficient staffing and workforce operations.
Feedback/Support	If you provide us feedback or contact us for support, we will collect your name and email address, as well as any other content you send to us, to reply.	We have a legitimate interest in receiving and acting upon your feedback or issues.
Fittings	We may collect your name, contact information, gender, images, and other performance information during fitting appointments.	We collect performance and fitting information about individuals who consent to have this information collected from them. We also have a legitimate interest in understanding our customers and providing tailored products.
Geolocation Information	We may collect geolocation data based on your use of the Sites.	We have a legitimate interest in understanding the location of our users.
Incident Reporting	If there is a circumstance in which an incident takes place at one of our Sites, we may collect information from you to ensure the incident is properly recorded and remedied.	We have a legitimate interest in resolving any incidents at our Sites.
Mailing List	When you sign up for one of our mailing lists, we collect your email address or postal address.	We share information about our products and services with individuals that consent to receive such information. We also have a legitimate interest in sharing information about our products or services.
Mobile and Computer Devices	We collect information from your computer or mobile device, such as unique identifying information broadcast from your device when using any of the Sites.	We have a legitimate interest in identifying unique visitors and understanding how users interact with us on their devices.
Order Placement	When you place an order, we collect your name, billing address, shipping address, email address, phone number, and credit card number.	We use your information to fulfil our obligations to provide products or services.
Partner Promotion	We may collect information you provide as part of a co-branded promotion with another company.	We have a legitimate interest in fulfilling our promotions.
Payments	Your name, billing address, shipping address, email address, phone number, credit or debit card number, bank account information	We have a legitimate interest in collecting payment when you make purchases and in providing refunds and credits.
Promotions	When you participate in sweepstakes, contests or other promotions, we collect information about you, including contact information, to notify you if you are selected.	We have a legitimate interest in operating sweepstakes, contests and other promotions. In some contexts, we are also required by law to collect information about those who enter our sweepstakes, contests and other promotions.
Research and Analytics	We use the personal information you provide to conduct research and analysis and to otherwise measure the effectiveness of our online and offline marketing efforts and develop products, services, and marketing programs.	We have a legitimate interest in analyzing customer and visitor behaviors and trends to assist us in developing new products and services and enhancing our customer and visitor experience.
Safety and Security	We may use CCTV at our physical locations and may capture your images and movements.	We have a legitimate interest in monitoring the safety and security of our employees and visitors to our physical locations. We have legal obligations to keep track of health and safety-related incidents at our physical locations.
Surveys	When you participate in a survey, we collect information that you provide through the survey. If a third-party service provider provides the survey, the third party's privacy notice applies to the collection, use, and disclosure of your information.	We have a legitimate interest in understanding your opinions and collecting information relevant to our organization.
Website Interactions	We use technology to monitor how you interact with our website.  This may include which links you click on or Personal Information that you type into our online forms.  This may also include information about your device or browser.	We have a legitimate interest in understanding how you interact with our website to improve it and understand your preferences and interests to select offerings that you might find most useful.  We also have a legitimate interest in detecting and preventing fraud and protecting ourselves against malware other information security threats.
Web Logs	We collect information, including your browser type, operating system, Internet Protocol (IP) address (a number automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors.	We have a legitimate interest in monitoring our networks and the visitors to our online Sites. Among other things, it helps us understand which of our services is the most popular. We also have a legitimate interest in protecting ourselves against malware other information security threats.

 

We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or otherwise significantly affects you.

Although the section above describes our primary purposes in collecting personal information, we may have more than one purpose in many situations. For example, if you complete an online purchase, we may collect your information to perform our contract with you, but we also collect your information to satisfy our legitimate interest in maintaining your information after your transaction is complete so we can quickly and efficiently respond to any questions about your purchase or fulfill another purchase without requiring you to re-enter that information.

As a result, our collection and processing of your personal information may be based on different contexts, including (1) consent, (2) our need to perform a contract with you, (3) our legal obligations and rights, and/or (4) our legitimate interests in conducting our business.

3. SHARING INFORMATION WITH THIRD PARTIES

We may share non-personal information, which may include Site Usage Information, information that has been hashed, aggregated, or otherwise de-identified, or an identification or transaction number, with third parties in our discretion, including for advertising purposes. We do not sell your personal information for monetary consideration or share your personal information with third parties for those third parties’ own direct marketing purposes unless you consent to such sharing.

In addition, we may share personal 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 Notice and in the following circumstances:

• Topgolf Callaway Brands Family of Companies. Topgolf Callaway Brands Corp. includes several brands and companies, some of which operate as subsidiaries, affiliates, or joint ventures. Please visit https://www.topgolfcallawaybrands.com for a list of these companies. We share personal information within the Topgolf Callaway Brands organization to perform our contract with you and to further our legitimate interests, including for internal business, analytical, operational, and marketing purposes. Other brands and companies within the Topgolf Callaway Brands organization may use the personal information to send you invitations to participate in surveys, sweepstakes, or receive promotions where you have opted in to receive such information or where applicable law otherwise permits, and may share your personal information with service providers, sub-processors, and other third parties.
• 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 (“Service Providers”). 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. We require our Service Providers to put in place appropriate technical and organizational measures when processing personal information and only use your personal information on our behalf. If a Service Provider is a controller in its own right (e.g., if you choose to participate in their promotions, contests, sweepstakes, surveys, or interact with their website), you should carefully review their privacy notice and policies before providing personal information.
• Sweepstakes, Contests, Promotions. We may offer sweepstakes, contests, or other promotions (“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). If you decide to enter a Promotion co-sponsored by a third-party partner, the personal information you provide will be shared with us and with them. This Notice does not govern their use of your personal information in this context.
• Administrative and Legal Reasons. We may, where necessary and proportionate, 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 us 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 and Transitions. In the event we go through a transition such as being sold, having all or a portion of our assets acquired or transferred, whether voluntary or involuntary (such as through bankruptcy), or merging or becoming 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 our control 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.

4. THIRD PARTY ADVERTISING, ANALYTICS, AND PRIVACY CONTROLS (AD & COOKIE NOTICE)

We work with network advertisers, ad agencies, analytics business partners, and other partners or vendors to serve our advertisements on third-party websites and to provide us with data regarding the use of and traffic on the Sites and the effectiveness of our advertisements. The advertisements you see may be served by one or more third parties, who may use data about your activities on the Sites, and other websites and services you visit across the various devices you use, to provide you targeted advertising based upon your interests. We use the following methods to automatically collect information from visitors to our Sites:

• Cookies. Cookies are small data files that download onto your computer or other device when you visit the Site or otherwise access our online content on certain websites. Cookies may be used for many purposes. We use both session cookies (which are deleted when you close your browser) and persistent cookies (which remain on your computer after the browser has been closed). To learn more, visit http://www.allaboutcookies.org/ or http://www.youronlinechoices.eu/.
• Web Beacons. Small graphic images or other web programming code called web beacons (also known as “pixel tags,” “1x1 GIFs,” or “clear GIFs” may be included in our web pages and email messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or email can act as a web beacon. Web beacons and similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Sites, to monitor how users navigate the Sites, to count how many emails that were sent were actually opened or to count how many particular links were actually viewed.
• Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Sites, such as the links you click on. The code is temporarily downloaded onto your device from our server or a third-party service provider, is only active while you are connected to one of the Sites, and is deactivated or deleted thereafter.
• Session Replay Technology. We may record your interactions with the Sites’ user interfaces, including, what pages you visit on our Sites and how long you visit those pages, the links you click, and your path through our Sites. We capture this for website analytics purposes, solely for our internal business purposes, to improve the Sites and our products and services as well as to address functionality issues.

We may use the information collected automatically through the Sites to:

• track visitors to our websites;
• recognize past visitors and customers and remember preferences;
• store your password if you are registered on our site;
• integrate with third party social media websites;
• facilitate your purchases;
• serve you with advertising content in which we think you will be interested (see below for more information);
• understand the effectiveness of our advertisements and conduct research regarding the usefulness of certain advertisements to you;
• prevent you from seeing the same advertisements too many times;
• combine information we have collected about you from multiple sources;
• better understand our audience, our customers, our website visitors, and their respective interests.

We and our partners display interest-based advertising using information gathered about you over time across multiple websites or other platforms (including websites and apps). Third parties, including advertising and analytics companies, set their own cookies and similar tracking technologies on the Sites. We and third parties might link information automatically through cookies and other tracking technologies to your name or email address or other information, including past purchases made offline or online.

Interest-based advertising or “online behavioral advertising” includes ads served to you after you leave our website, encouraging you to return. They also include ads we think are relevant based on your browsing habits or online activities. These ads might be served on third-party websites or on apps. They might also be served in emails. We might serve these ads, or third parties may serve ads. They might be about our products or other companies’ products.

The Sites may include the following third-party trackers: 

• Acuity: We use Acuity to allow consumers to schedule fittings at retail, as well as our Distance Fitting experience.
• AppNexus: AppNexus is a display advertising exchange that we use to manage and optimize our display advertising activity. AppNexus tools help us to facilitate the buying and selling of media advertising inventory through this online exchange. For more information about how to opt-out of AppNexus cookies, you can go here.
• BazaarVoice: We use BazaarVoice to track product purchases as well as non-transactional events across our sites.
• Bing Ads: Bing Ads allows us to have our advertisements appear at the top of the results page for certain search engines. This helps us direct users to our website.
• Cquotient: We use Cquotient to personalize user experiences.
• DoubleClick: DoubleClick allows us to capture and report on the actions of users who visit our website after viewing or clicking on one of our paid search ads. This allows us to determine the effectiveness of our online campaigns in terms of both sales and user activity on our sites.
• Dynamic Yield: This is used to personalize your experience onsite.
• Facebook Connect: We use this technology to allow users to share their experiences with our apps and websites on Facebook. For example, we may collect your browser information, demographic data, and interaction data.
• Facebook Custom Audience and Facebook Pixel: We use Facebook Custom Audience and Pixel to deliver ads on Facebook to a certain group of users.
• Facebook Impressions: We use Facebook Impressions to track the number of people that interact with our content on Facebook.
• Flash Talking: Used to serve and personalize our advertising.
• Google AdWords Conversion: We use conversion tracking to help us understand how effective our digital campaigns are.
• Google Analytics: We use Google Analytics to collect information about how visitors use our website. Google Analytics uses cookies and similar technologies to collect and analyze information about the use of the Sites and report on activities and trends. For example, we collect details of the site where the visitor has come from and the total number of times a visitor has been to our website. Google Analytics may also collect information regarding the use of other websites, apps, and online resources. You can learn about Google’s practices by going to google.com/policies/privacy/partners, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at tools.google.com/dlpage/gaoptout.
• LiveChat: We use LiveChat to provide customer support via chat.
• LiveRamp: We use LiveRamp to link and combine information relating to individuals from multiple sources.
• Media Math: MediaMath is a tool that we use to optimize the effectiveness of our advertising.
• OneTrust: We use OneTrust to manage cookie consent for website visitors from California. This allows users to opt out of 3rd party cookies.
• Partnerize: We use Partnerize to manage our affiliate marketing program.
• TikTok: TikTok is a social media platform which we use for advertising our products, content, and brands.
• Turn: Turn is a display advertising exchange that we use to manage and optimize our display advertising activity

If you would like to opt-out of third-party advertising and analytics, there are a variety of tools available to you:

• Our Tools. To disable sharing through cookies set on our site by third parties for advertising and analytics purposes, please adjust your settings by clicking the link in the footer titled Manage Cookie Preferences.
• Do Not Track. Some browsers have "Do Not Track" features that allow you to tell a website not to track you. When you choose to turn on the “Do Not Track” settings in your browser, your browser will send a signal to websites, analytics providers, advertisements networks, plug-in providers, and other web service providers you encounter while browsing to stop tracking your activity. To find out more about and to set up "Do Not Track", please visit www.allaboutdnt.com.
• Global Privacy Control. Global Privacy Control (“GPC”) is a technical specification in your browser settings that you can use to automatically inform websites of your privacy preferences with respect to third party online tracking. To find out more about and to set up GPC, please visit https://globalprivacycontrol.org/#about.
• EDAA/DMA Opt-Out. Some of these third-party advertising and analytics providers are members of the European Digital Advertising Alliance (“EDAA”) or the Data and Marketing Association (“DMA”). You may also wish to visit www.mpsonline.org.uk, which provides information regarding targeted advertising and opt-out procedures. The EDAA has developed a guide to online behavioral advertising and an opt-out page to manage preferences with participating EDAA member companies available for UK and EU residents at www.youronlinechoices.com. For mobile applications, you may be able to limit certain advertising practices using the settings on your phone, tablet, or other mobile device. In addition, the digital advertising industry has provided mobile users with the ability to register not to receive targeted advertising at www.aboutads.info/appchoices.
• Google Analytics. We use Google Analytics, which uses cookies and similar technologies to collect and analyze data about use of the Sites and report on activities and trends. This service may also collect data 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.

Opting out through these mechanisms does not opt you out of being served advertising. You will continue to receive generic ads while online. Your opt-out choices are browser and device specific; if you disable your cookies or upgrade your browser after opting out, or if you use different computers or browsers, you will need to repeat your opt-out choices across those other computers and browsers.

5. YOUR PRIVACY CHOICES

The UK and EU General Data Protection Regulation (“GDPR”) provides you with the following rights, which may be exercised using this form or clicking Your Privacy Choices in the footer of the site:

• Access/Portability. You have the right to access, review, obtain a copy or port certain of your personal information. Please note that this right is not absolute, and that we may refuse to provide personal information if permitted to under lawful exemptions.
• Correction. Moved? Changed your name, email address, or phone number? Let us know and we will make sure that the personal information we hold about you is accurate and up to date.
• Deletion. You have the right to request that we delete certain personal information that we hold about you. We may retain some personal information as permitted by law, and refuse to delete personal information if we need to retain it to meet statutory obligations, resolve a dispute, troubleshoot, or other valid legal or business reasons exist. We may, at our discretion, anonymize your personal information, at which point it is no longer personal information.
• Revocation of Consent. You have the right to withdraw consent to process certain personal information, which will not affect the lawfulness of processing based on consent before withdrawal. If you revoke consent, we may no longer be able to provide you with products or services. We may retain some personal information as permitted by law, and refuse to delete personal information if we need to retain it to meet statutory obligations, resolve a dispute, troubleshoot, or other valid legal or business reasons exist. We may, at our discretion, anonymize your personal information, at which point it is no longer personal information.
• Objection. You may object to our processing if we are processing your personal information based on legitimate interests or using your personal information for direct marketing. You can opt out at any time from receiving direct marketing from us. You can do so by clicking the unsubscribe link at the bottom of any email you receive from us, submitting a request as set out below, or writing to us (or the relevant company within the Topgolf Callaway Brands organization) at the address given below. If you do opt out of receiving promotional and marketing messages, we may if permitted under applicable law contact you regarding your orders, such as your status and activity updates, and survey requests in respect of products and services we have provided to you, or respond to your inquiries or complaints, and similar communications.

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 “Account” or similar page for a Site. Changing your preferences for one of our divisions or Sites may not change your preferences for all Sites within the Topgolf Callaway Brands Family of Companies.

If we offer 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. We 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.

EU/EEA and UK residents have the right to complain about our data collection and processing actions with the Information Commissioner's Office (“ICO”) in the UK and the relevant national supervisory authority where you reside in the EU if you believe we have not resolved your concerns. Contact details for UK's ICO are available here. Contact details for national supervisory authorities in the EU are available here.

6. THESE 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.

7. DATA SECURITY AND RETENTION

We use commercially reasonable technical and organizational measures designed to secure your personal information, and requires its Service Providers to do the same. However, no data transmission over the Internet, wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. We 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 Notice. 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. Where personal information is no longer needed, we will securely destroy it in compliance with applicable law.

For more information about our data security or retention policies, please contact us.

8. JURISDICTION AND CROSS-BORDER TRANSFER

The Topgolf Callaway Brands organization is a single group of companies with a legitimate interest in sharing personal information under Recital 48 of the GDPR for the purpose of shared services. The personal information we collect from and about you may be transferred to, stored by, or accessed by other companies within the Topgolf Callaway Brands organization and our Service Providers for the purposes of fulfilling contracts with you, to fulfill our legitimate interests, and, if necessary, with your consent.

These Sites are controlled and operated from the United States, which may not benefit from an adequacy decision issued by the relevant data protection authorities. We transfer your personal information outside of the EU/EEA/UK based upon appropriate safeguards, such as standard contractual clauses or other lawful bases. Where required, we have put in place additional safeguards. For more information about the bases on which we transfer personal information outside of the EU/EEA/UK, please contact us.

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.

9. CONTROLLERS

Whenever dealing with the Topgolf Callaway Brands organization, the controller of your Personal Information will be the company that decides how and why your personal information is used. We and other companies within the Topgolf Callaway Brands organization are joint controllers for the processing of your Personal Information described in this Privacy Notice. This means that we and companies within the Topgolf Callaway organization work together to decide why and how your Personal Information is processed.

Depending on the reason for the sharing of your Personal Information, other companies within Topgolf Callaway Brands may be a joint controller, a controller in their own right, or a processor.

Regarding data processing within the framework of Topgolf Callaway Brands’ internal administration and joint procedures through centralized systems, Topgolf Callaway Brands are jointly responsible as joint controllers and controllers in their own right. The joint processes particularly pertain to the operation and use of jointly used databases, platforms, and IT systems. With respect to the joint processes, Topgolf Callaway Brands jointly determine the purposes and means of processing.

Topgolf Callaway Brands use a shared IT services and infrastructure and have legitimate (joint) interests in group-wide data organization and administration, including the exchange of personal information for internal administrative purposes, such as to ensure compliance with laws and a consistent approach to compliance.

We do not perform all processing of your personal information as joint controllers. We make decisions about certain processing of your Personal Information independently of other companies within Topgolf Callaway Brands, for which we are solely responsible. Similarly, Topgolf Callaway Brands companies make decisions for certain processing of your Personal Information independently, for which such companies are solely responsible and controllers in their own right when processing your Personal Information independently.

For more information about how the Topgolf Callaway Brands organization processes your personal information, please contact us.

Controllers by Country

Country	Company	Address
Netherlands	Callaway Golf EU B.V.	Herikerbergweg 88, 1101 CM, Amsterdam, the Netherlands
United Kingdom	Callaway Golf Europe Ltd.	Unit A27 Barwell Business Park, Leatherhead Road, Chessington, Surrey, KT9 2NY, United Kingdom
United States of America	Topgolf Callaway Brands Corp.	2180 Rutherford Road, Carlsbad, CA 92008-7328

 

10. THIRD PARTY CONTENT, LINKS TO OTHER SITES, AND TOPGOLF CALLAWAY BRANDS 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 we do 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 Topgolf Callaway Brands company logo as part of a co-branding agreement. In addition, Topgolf Callaway Brands widgets or other Topgolf Callaway Brands content may be included, among other places, on web pages and websites that are not associated with us 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. We are not responsible for the privacy or other practices employed by any third party.

11. CONTACT US

If you have any questions about this Notice, please email us at webmaster@callawaygolf.com. 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.
dpo@topgolf.com

European Economic Area
Jack Wolfskin Equipment for Draussen GmbH & Co. KGaA
Jack Wolfskin Kreisel 1
65510 Idstein / Ts
Phone +49 6126 954 0
datenschutz@jack-wolfskin.com

United States
Topgolf Callaway Brands Corp
2180 Rutherford Road
Carlsbad, CA 92008-7328
Phone: 1-760-930-1771

12. CHANGES TO NOTICE

To the extent allowed by applicable law, we reserve the right to change or modify this Notice at any time and will notify you of material changes by posting the changed or modified Notice 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 Notice unless otherwise specified. Your continued use of the Sites after the effective date of the revised Notice (or such other act as specified in the revised Notice) will constitute your consent to those changes to the fullest extent allowed by applicable law. However, we will provide notice and obtain your consent to the new Notice if required. You may need to consent to our new policies in order to continue to use our Sites and services.

© 2023 Topgolf Callaway Brands Corp.