SkyGolf Privacy Policy
Effective: May 23, 2018
European Economic Area Addition
IMPORTANT NOTICE
This European Economic Area Addition applies to residents and users located in the European Economic Area, and forms an additional part of the SkyGolf Privacy Policy.
You May Elect Not to Provide Personal Data
You may choose not to provide SkyGolf with your Personal Data. However, most of the Services provided by SkyGolf, including its SkyCaddie products and its SkyGolf 360 community, necessarily and inherently require processing of your Personal Data for their normal, intended functionality. If you choose not to provide your Personal Data, you may not be able to enjoy many, if not all, of the SkyGolf Services.
Exercising Your Rights Regarding Your Personal Data
SkyGolf takes steps to keep your Personal Data accurate and up to date. If you reside in the European Economic Area, you have certain rights to the Personal Data that we have collected about you. To exercise your rights to your Personal Data, please contact us through our customer support or at the address listed below. Subject to applicable law, we may charge for this service, and we will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.
Your Rights Regarding Your Personal Data
You have the following rights under the European General Data Protection Regulation (“GDPR”):
1. Right of access to your Personal Data (Art. 15 GDPR): You have the right to ask us for confirmation on whether we are processing your Personal Data, and access to the Personal Data and related information on that processing (e.g., the purposes of the processing, or the categories of Personal Data involved).
2. Right to correction (Art. 16 GDPR): You have the right to have your Personal Data corrected, as permitted by law.
3. Right to erasure (Art. 17 GDPR): You have the right to ask us to delete your Personal Data, as permitted by law. This right may be exercised among other things: (i) when your Personal Data is no longer necessary for the purposes for which it was collected or otherwise processed; (ii) when you withdraw consent on which processing is based according to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and where there is no other legal ground for processing; (iii) when you object to processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or when you object to the processing pursuant to Art. 21 (2) GDPR; or, (iv) when your Personal Data has been unlawfully processed.
3. Right to restriction of processing (Art. 18 GDPR): You have the right to request the limiting of our processing under limited circumstances, including: when the accuracy of your Personal Data is contested; when the processing is unlawful and you oppose the erasure of your Personal Data and request the restriction of the use of your Personal Data instead; or when you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of SkyGolf override your grounds.
3. Right to data portability (Art. 20 GDPR): You have the right to receive the Personal Data that you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that information to another controller, including to have it transmitted directly, where technically feasible.
3. Right to object (Art. 21 GDPR): You have the right to object to our processing of your Personal Data, as permitted by law. This right is limited to processing based on Art. 6 (1) (e) or (f) GDPR, and includes profiling based on those provisions, and processing for direct marketing purposes. After which, we will no longer process your Personal Data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
Data Retention
We will retain your Personal Data (1) for as long as any of the Business Needs conditions are met, (2) for as long as any of the Legal Needs conditions are met, or (3) for so long as any of the Legitimate Interests Needs conditions are met, whichever is longer. The Business Needs conditions are met for so long as you maintain an account, the useful life of a connected device you have previously registered, as otherwise necessary to provide you the Services, or as is necessary for the purposes for which the Data was collected, whichever is longer. The Legal Needs conditions are met for as long as is necessary for us to comply with our audit, tax and other legal responsibilities, to resolve disputes and to enforce our agreements, whichever is longer. The Legitimate Interests Needs conditions are met for so long as we have a legitimate interest in processing the Data which overrides your interests, rights and freedoms. At the end of the retention period, your data will either be deleted completely or anonymised, for example by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning. Where permissible and as required by Article 17 of the GDPR, we will also delete your Personal Data upon your request, but you should know that many, if not all, of our Services can only be performed by processing your Personal Data. If you request your Personal Data to be deleted, you agree that SkyGolf is absolved from any further responsibility to provide you with Services for which the deleted Personal Data is necessary in the performance of the Services even if you have an agreement with SkyGolf to provide to you those Services. You may request deletion of your Personal Data by contacting SkyGolf customer service or the data protection officer identified below.
How We May Disclose Your Personal Data
The GDPR and national laws of European Union member states implementing the Regulation permit the sharing of Personal Data relating to users who are residents of the European Economic Area with third parties only under certain circumstances. If you reside in the European Economic Area, we will only share your Personal Data as described in our Privacy Policy under the heading "How We Disclose Personal Data" if we are permitted to do so under applicable European and national data protection laws and regulations.
Marketing Communications
Where we are legally required to do so, we ask for your prior consent before providing you with promotional materials or information. Additionally, we may, from time-to-time, send to you electronic marketing communications as permitted by the Privacy and Electronic Communications Regulation (“PECR”), including Article 22(3) of the PECR. When we do so, in accordance with applicable law, we will provide you the opportunity to opt out of future electronic marketing communications using a simple means.
Legal Basis for Processing under the GDPR
The legal basis for our processing of your Personal is described in our Privacy Policy under the heading "Legal Basis for Processing."
Right to lodge a complaint before the Data Protection Authority
We encourage you to contact us directly and allow us to work with you to address your concerns about our Privacy Policy. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU Member State where you reside, work or the place of the alleged infringement. You have the right to do so if you consider that the processing of Personal Data relating to you infringes applicable data protection laws.
Changes to this Privacy Policy
In order to enhance our Services it might be necessary to change this Privacy Policy from time to time. We therefore reserve the right to modify this Privacy Policy in accordance with the applicable data protection laws. Please visit our Website from time to time for information on updates to this Privacy Policy.
How to contact us or our Privacy Office
In case of questions about the processing of your Personal Data, please contact us at SkyGolf customer service on our Website. If we are required under applicable law to appoint a data protection officer (DPO), you can contact the DPO by contacting SkyGolf customer service on our Website and asking for the data protection officer. SkyHawke Technologies, UK, Ltd. is SkyGolf’s data controller in the European Economic Area.