PRIVACY POLICY
Privacy Policy
1. background
This is the official privacy and security policy (“Privacy Policy”) for the FALKO
Athletics Inc website located at the URL: https://www.falkogolf.com (referred to
herein, together with all Content available through the domain
name and/or other related domain names which may point or direct a visitor to this
website and any related websites, as the “Website”). The Website is owned and
provided by FALKO Athletics Inc an Arizona limited liability company, d/b/a
“FALKO Golf”. This Privacy Policy is also part of, and is subject to, the terms of
service (the “Terms of Service”) for the Services of FALKO Athletics Inc therein
described, which can also be found at the Website. Capitalized terms used herein and
not otherwise defined have the meaning set forth in the Terms of Service. In this
Privacy Policy, “you” and “your” mean any visitor to the Website, and any Customer
or User of the Service under the Terms of Service.
By using the Website and/or the Service, you acknowledge that you have read and
understood this Privacy Policy and agree to be bound by it and the Terms of Service.
If you do not agree to this Privacy Policy or Terms of Service, do not use the Website
or Service, or provide any information through or at the Website or Service.
This Privacy Policy is intended to apply only to the Personal Information collected by
FALKO Athletics Inc as a result of your use of the Website or Service, and does not
cover any information collected in any other manner, for any other purpose or by any
other website or enterprise. When we refer to “Personal Information” in this Privacy
Policy, we mean information such as your name, address, telephone number, blog or
other personal website URL, date of birth (but not general age range), e-mail address,
credit card and billing information, and banking, account and related financial
information used in connection with Payment Processing Services (as defined below),
and any other information that would allow someone to identify you or contact you.
Personal Information also includes information about your personal preferences,
survey responses and your transactions or relationship with the Website or Services, if
you have been a User or you have provided this type of information to us. Providing
your Personal Information to us may enable you to use the Service or various
functions or features of it, receive offers, participate in community discussions, beta
tests, promotions, trial offers, chat rooms, online bulletin boards, to receive text
messages and/or emails, to subscribe to newsletters or mailing lists, or to purchase
products and services using the Website or Service.
FALKO Athletics Inc reserves the right, without advance notice to you, to revise this
Privacy Policy and/or the Terms of Service at any time by posting the revisions and/or
the revised Privacy Policy or Terms of Service on the Website and, from time-to-time,
may also require you to affirmatively acknowledge and affirm your review and
acceptance of updates to the provisions of this Privacy Policy or Terms of Service;
provided, however, whether or not we choose to implement such measures will be
determined solely by us and you must recognize that once we post such revisions,
they shall be effective and binding upon you immediately upon posting. FALKO
Athletics Inc therefore encourages you to check this Privacy Policy and our Terms of
Service on the Website often for updates. FALKO Athletics Inc may also e-mail you
about any changes to this Privacy Policy or the Terms of Service when they have been
made. Keeping the Personal Information you share with us on the Website or through
the Service secure and ensuring your understanding of how FALKO Athletics Inc
collects, uses, discloses and maintains your Personal Information is important to
FALKO Athletics Inc. FALKO Athletics Inc endeavors to maintain reasonable
physical, electronic and procedural safeguards to protect your Personal Information.
2. General Privacy Information
The Website and Service are designed and targeted to United States (“U.S.”)
audiences and users and is governed by and operated in accordance with U.S. law.
FALKO Athletics Inc makes no representation that the Service or Website are
operated in accordance with the laws or regulations of, or is governed by, other
nations. If you are located in the European Union or elsewhere outside of the U.S. and
you use the Website or Service, you do so at your own risk and initiative and you are
responsible for compliance with all of the laws and regulations that apply to you.
Please be aware that any Personal Information you provide to FALKO Athletics Inc
or which FALKO Athletics Inc obtains as a result of your use of the Website or
Service, will be transferred to the U.S and subject to U.S. law. By using the Website
or Service and/or providing FALKO Athletics Inc with your Personal Information,
you consent to the transfer and processing of Personal Information to the U.S. and in
other countries that may not have an equivalent level of protection or a level of data
protection considered adequate in the European Union or European Economic Area.
Consequently, you hereby waive any claims that may arise under the laws and
regulations that apply to you in or of any country or jurisdiction outside the U.S.
FALKO Athletics Inc is not intended for use by users under the age of 18, and no one
under age 18 is allowed to use the Website or Service, or provide any Personal
Information to FALKO Athletics Inc.
You are required to, and agree to, provide true, current, complete and accurate
Personal Information to FALKO Athletics Inc when prompted, and FALKO Athletics
Inc will reject and delete any entry or submission that FALKO Athletics Inc believes
in good faith to be false, fraudulent, or inconsistent with this Privacy Policy.
Your continued use of the Website or Service indicates your acceptance of this
Privacy Policy and of the collection, use, disclosure, management and storage of your
Personal Information as described herein. FALKO Athletics Inc may, from time to
time, transfer or merge any Personal Information collected off-line to online databases
or store off-line information in an electronic format. FALKO Athletics Inc may also
combine Personal Information FALKO Athletics Inc collects online with information
available from other sources, including information received from our Affiliates,
licensors, third party providers, or marketing companies. This Privacy Policy covers
all such Personal Information and will remain in full force and effect in accordance
with the Terms of Service, even if your use of the Website or Service, or your
participation in any particular service, function, feature or promotional activity in
connection therewith, terminates, expires, ceases, is suspended or deactivated for any
reason.
3. Collection and Use of Personal Information
FALKO Athletics Inc collects Personal Information about you when you use the
Website or Service and when you input information or provide a review or comment
in community discussions, participate in promotions, purchase products or services or
otherwise in the course of any other exchanges of information, transactions and
activities involving you and the Website or Service. FALKO Athletics Inc may use
the information FALKO Athletics Inc obtains from you, including Personal
Information, to tailor your experience with the Website and/or Service, to display
Content FALKO Athletics Inc thinks may be of interest to you, or to let FALKO
Athletics Inc customize what you see when you use the Website and Service
according to your preferences.
FALKO Athletics Inc may integrate the Website and Service with third party products
and services that you may decide to use, but only at your sole risk. In such cases,
FALKO Athletics Inc may share some of your Personal Information with the third
parties providers of products or services, which may enable them to market directly to
you, provided you opt-in to such use when you provide Personal Information on or
through the Website or Service, or, if applicable, do not opt-out from such use.
FALKO Athletics Inc does not warranty or guaranty such integrations or third party
products and services, and is not responsible for, and shall have no liability, directly
or indirectly, arising out of your use of any such integrations or the third party
products and services obtained thereby.
It is your responsibility to give FALKO Athletics Inc current, complete, truthful and
accurate information and to keep the Personal Information that you provide to
FALKO Athletics Inc up to date. FALKO Athletics Inc is not responsible for any
problems or liability that may arise if you do not give FALKO Athletics Inc complete,
truthful and accurate information or you fail to update the information you give
FALKO Athletics Inc.
You are solely responsible for maintaining the strict confidentiality of your User name
and password, and for any charges, costs, expenses, damages, liabilities and losses we
incur or may suffer as a result of your failure to do so. You are solely responsible and
liable for your activity, behavior, use and conduct on the Website and in connection
with the Service and for any use of the Website or Service or any other activity or
conduct in connection with the Website or Service by any others who use your User
name and password, unless and until you notify FALKO Athletics Inc that your User
name and/or password may have been compromised, misappropriated or improperly
taken, or used by another party. Bear in mind that when you submit information to
FALKO Athletics Inc, it does not guarantee that FALKO Athletics Inc will permit you
to use any or all of the functions or features of the Website or Service.
4. REGISTRATION
When you register with the Website or Service, you may be required to provide
FALKO Athletics Inc with your full legal name and valid e-mail address, and may
also be required to provide certain additional Personal Information, including certain
credit card and billing information and banking, account and related financial
information used in connection with Payment Processing Services if you elect to
subscribe to the Service, utilize certain functions and features of the Service or, in
certain instances, make a purchase of products or services offered on or through the
Website or Service. FALKO Athletics Inc will allow you to change the password
associated with your User name, as well as certain other Personal Information you
have given FALKO Athletics Inc in order to keep your Personal Information current.
Among other things, this kind of information helps FALKO Athletics Inc securely
identify you as an authorized User of the Website and Service and the functions and
features thereof which you have registered or are otherwise authorized to use. As a
registered User of the Website and/or Service, from time to time, FALKO Athletics
Inc may also provide you with certain options to opt-in, opt-out or subscribe to e-mail
newsletters, SMS text messaging and other periodic information. And as a registered
User of the Website and/or Service, you will also have the right to opt-out or change
your preferences at any time by logging in with your User name and changing the
settings in your account or you can opt-out or unsubscribe to particular e-mail and
other communications by responding to that e-mail and using the “unsubscribe” or
opt-out procedures included in that communication.
By accessing and using the Website or Service, or registering as a User, you
acknowledge, understand and agree that you are giving FALKO Athletics Inc your
consent to track your activities, your use of the Website and Service and its various
functions and features, and that you agree to this Privacy Policy and our Terms of
Service with you.
5. Credit Card AND OTHER PAYMENT PROCESSING Information
FALKO Athletics Inc may ask you to provide your credit card and billing information
and banking, account and related financial information (all of which constitutes
Personal Information), in electronic or other formats (including fillable online forms),
when subscribing to the Service, purchasing a function or feature thereof, or
purchasing any other product or service offered by the Website or Service using a
Payment Instrument (as defined below), some of which may involve recurrent
periodic charges, such as in the case of the purchase of subscription services, which
are typically billed and charged in monthly intervals for the immediately preceding
month. Before providing a product or service to you, including, without limitation, the
Service, FALKO Athletics Inc must verify that the credit card, debit card or other
Payment Instrument and any related Personal Information which you have provided is
current and valid. All such Payment Instrument information is used for Payment
Processing Services only (and it not used for direct marketing purposes) and is shared
with third parties only as necessary to effect such Payment Processing Services. All
credit card, debit card and other Payment Instrument information is handled over
secure, encrypted connections provided it is submitted by you through the normal
registration process. FALKO Athletics Inc does not, however, represent or guarantee
that unauthorized access will never occur.
For purposes herein, (A) “Payment Processing Services” means (i) all services
necessary to authorize, data capture, process, settle and reconcile transactions for your
purchase of products and services (“Transactions”) using Payment Instruments, (ii) all
services necessary to authorize, data capture and process (and when permitted by the
applicable Payment Brand, settle and reconcile) Transactions with you using Payment
Instruments, (iii) check guarantee and electronic check acceptance services, (iv) other
related products and services, including point of sale terminal equipment and other
electronic payments at the point of sale; and (v) unless the context requires otherwise,
such term includes related Transaction services, chargeback and retrieval processing,
point of sale hardware deployment and service, interchange settlement and risk
management (including new application approval); (B) “Payment Instrument” means
a payment card, an account, or evidence of an account, authorized and established
between you and a Payment Brand and accepted by FALKO Athletics Inc as payment
for the Service, function or features thereof, or other products or services, and
includes, without limitation, credit and debit cards, stored value cards, electronic gift
cards, authorized account or access numbers, paper certificates and credit accounts;
and (C) “Payment Brand” means Visa, MasterCard and any other association,
payment brand, Payment Instrument issuer, debit network or payment methodology or
system having proprietary rights to and clearing and oversight responsibilities with
respect to any Payment Instrument used to effect payment-related transactions for
which any Payment Processing Services are provided by FALKO Athletics Inc in
connection with Transactions.
6. promotions and offers
From time to time, FALKO Athletics Inc may provide promotions and offers
(“Promotions”) through the Website and Service. Registration may be required to
participate in such Promotions. The Promotions may have a separate registration or
participation process and may require your submission of Personal Information. The
Promotions may have an entry page and/or rules that will provide you with the
specific requirements for the Promotion involved. You may also have the opportunity
to opt-in to or opt-out of special Promotions from the Website or Service.
FALKO Athletics Inc and third party providers of products and services may contact
Users or others that have registered for or participated in various Promotions,
transactions or events, or send offers to you for the purchase of products and/or
services that may be of interest to you. If you do not want to receive such e-mails, you
may use the opt-out mechanism that is contained in the e-mails FALKO Athletics Inc
sends you. However, FALKO Athletics Inc may nevertheless continue to contact you
via e-mail for administrative or informational purposes, including follow-up messages
regarding the Service, your account, requests or inquiries, any functions or features of
the Service or other products or services that you have ordered, or other transactions
that you have undertaken with the Website or Service.
7. Polls & Surveys
FALKO Athletics Inc may from time to time request that you participate in polls
and/or surveys. The information you provide to FALKO Athletics Inc if you
participate in such polls or surveys is provided voluntarily by you. If you participate
in polls or surveys, you do so with the understanding that FALKO Athletics Inc
reserves the right to store the information you provide and to use such information for
the general improvement of the Website and Service.
8. Use of Communities
FALKO Athletics Inc may provide community discussions pages and/or similar
functions and features on or through the Website or Service (e.g. discussion boards,
blogs, product or service reviews). Please remember that any information disclosed in
these venues is automatically made public and may appear on other websites or web
searches. You should exercise caution when disclosing any Personal Information in
such communities, as you do not know who will access and use your Personal
Information or for what purposes. FALKO Athletics Inc will be in no way responsible
for the accuracy, use, or misuse of any information that you disclose or receive
through these venues, if any, and you should assume that any disclosure you do make
in these venues will be available publicly, even without your knowledge or
authorization. Additionally, to the extent that the Website or Service allows you to
send information to others, FALKO Athletics Inc may, but is not obligated to, monitor
such messages via electronic software or personnel to check for obscenity, defamation
or other types of abusive language, as well as for content that may infringe FALKO
Athletics Inc’s rights or the rights of others or otherwise violate the Terms of Service,
all of which we may remove at any time. FALKO Athletics Inc will not otherwise
access these messages except in certain cases, including but not limited to times when
we receive specific complaints related to a particular message or are compelled to do
so by law, and except as otherwise provided in the Terms of Service. Also, for
administrative purposes, FALKO Athletics Inc may opt to keep a mail log that will
include a record of which Users sent messages and to which Users or email addresses
they were sent.
9. Sharing of Aggregate Information with Third Parties
Some of the aggregate data FALKO Athletics Inc collects in connection with the
Website or Service may be shared with FALKO Athletics Inc’s licensors, third party
providers of products and services, and certain other business partners of FALKO
Athletics Inc and/or its Affiliates, but FALKO Athletics Inc does not give any
Personal Information to them as part of the relationship except as described in this
Privacy Policy or otherwise provided in the Terms of Service, or as we explicitly state
at the time we request Personal Information from you. Use of tracking technology by
such licensors, third party providers or business partners is subject to their own
privacy policies.
10. Disclosure to Third Parties
FALKO Athletics Inc does not sell, rent, lease or disclose your Personal Information
to unaffiliated entities, except in the limited circumstances referenced herein or in the
Terms of Service, and except to FALKO Athletics Inc’s licensors or third party
providers of products or services integrated into the Website or Service or as
otherwise explicitly stated by us at the time the Personal Information is requested.
When FALKO Athletics Inc discloses your Personal Information as herein provided
to such licensors and third parties, FALKO Athletics Inc will ask you to opt-in to do
so, or provide you an opportunity to opt-out. If you opt-in, or do not opt-out, as the
case may be, such licensors’ and third parties’ use of your Personal Information is
subject to the licensors’ or third parties’ own privacy policies. FALKO Athletics Inc
may also disclose Personal Information to Affiliates for marketing or administrative
purposes or to facilitate the delivery of deals for products and services, news, loyalty
programs and other initiatives. Other websites that may be accessible through the
Website have their own privacy policies, terms of use and data collection. FALKO
Athletics Inc is not responsible for the policies or practices of the operators of such
other websites.
11. Operational Service Providers
FALKO Athletics Inc retains the right to disclose your Personal Information to
FALKO Athletics Inc’s licensors and other third parties for the purpose of
administering and maintaining the Website and the Service, and the functions,
features and operations thereof. FALKO Athletics Inc will refer to these licensors and
third parties as “Operational Service Providers” and FALKO Athletics Inc uses
Operational Service Providers to efficiently provide the full range of the Service and
its Content and the services, functions and features we bring you, and we request that
our Operational Service Providers also protect your privacy and not disclose your
Personal Information to third party marketers that are not associated with the Website
or Service. Additionally, such Operational Service Providers are not permitted to use
your Personal Information for their own marketing or promotional purposes if the
disclosure of your Personal Information is made only for the limited purpose of
administering and maintaining the Website or Service or the functions, features and
operations thereof.
12. Other Non-Affiliated Third Parties
FALKO Athletics Inc will make your Personal Information available to non-affiliated
third parties in the following limited circumstances:
A) When FALKO Athletics Inc is compelled to do so by a governmental agency,
court or other entity (e.g., to respond to subpoenas, court orders or legal process);
B) If FALKO Athletics Inc believes your actions violate any law, regulation, our
Terms of Service, this Privacy Policy, or any of our other rules, policies, procedures,
offerings or any other services, functions or features of the Website or Service, or if
you threaten the rights, property or safety of the Website, the Service, FALKO
Athletics Inc, its Affiliates, Customers or Users, or any of its or their service
providers, suppliers, advertisers, customers, users or any other party;
C) If, in its sole discretion, FALKO Athletics Inc believes such disclosure to be
necessary or appropriate to investigate or resolve possible problems or inquiries, to
protect FALKO Athletics Inc’s business and assets, to defend FALKO Athletics Inc’s
interests and/or to comply with our legal and regulatory obligations;
D) Or, in the event of a bankruptcy, merger, acquisition, transfer of control, joint
venture or other business combination involving FALKO Athletics Inc.
13. Security AND Protection of Personal Information and customer data
FALKO Athletics Inc maintains reasonable standards of security and confidentiality.
Server hosting for the Service is provided by Amazon Web Services – EC2, whose
security documents can be found at https://aws.amazon.com/security, and Microsoft
Azure, whose security documents can be found at https://www.microsoft.com/en-
us/TrustCenter/Security/default.aspx. It is important to note, however, that for most
Internet sites, including the Website and the Service, it is possible that third parties
may unlawfully intercept or access transmissions or private communications over an
unsecured transmission. FALKO Athletics Inc limits access to the Website and
Service by our own employees to those individuals who are authorized for the proper
handling of Personal Information, Customer Data and other information transmitted in
connection therewith, and any employee found violating our standards of security and
confidentiality will be subject to our disciplinary processes. FALKO Athletics Inc also
requests that our service providers follow the same policy.
Except as provided in the Terms of Service, or as may be required by law, FALKO
Athletics Inc does not pre-screen Customer Data (as defined in the Terms of Service),
and does not review, share, distribute, print, or reference any such Customer Data.
Customer Data and other individual records of a person using the Website or Service
may at times be viewed or accessed by FALKO Athletics Inc, but only for the purpose
of resolving a problem, support issue, or suspected violation of the Terms of Service,
or as may be required by law.
14. Reviewing, Updating or DELETING Your Personal Information
Generally, you may review, update or delete your Personal Information contained in
your profile which may be accessed through your account settings once you have
registered with FALKO Athletics Inc through the Website or Service. You also can,
and should, correct factual inaccuracies through these same account settings. While
Personal Information that is necessary to check eligibility cannot be deleted, it can be
modified with sufficient verification of the correct information. Deletion or attempted
deletion of certain Personal Information, such as your User name, may not be
permitted and/or may result in suspension or termination of any registration you may
have made. To review, update or delete your Personal Information collected by the
Website or Service, please go to your profile page, which may be accessed through
your account settings via the Website or Service. Each person who registers through
the Website or Service will receive an e-mail or text message for FALKO Athletics
Inc confirming their successful registration. Parents (including legal guardians) of
minors that become registered through the Website or Service in violation of
the Terms of Service who wish to terminate the minor’s registration must send us an
e-mail at support@FALKOathletics.com and provide us with the minor’s User ID or
alternatively, a parent must provide verifiable identification that they are the parent of
the minor. FALKO Athletics Inc will then provide the parent with further details
concerning FALKO Athletics Inc’s policy on terminating registrations by minors.
Except as herein provided, FALKO Athletics Inc will not allow direct access to a
User’s registration and Personal Information by any person without the User’s User
name and password.
15. Cookies
When you visit the Website or use the Service, FALKO Athletics Inc may send one or
more cookies (a small text file containing a string of alphanumeric characters) to your
computer that uniquely identifies your browser. FALKO Athletics Inc uses cookie
technology to collect data regarding your visits to the Website and use of the Service.
This data is stored in aggregate form and is not used to identify any particular User or
individual. FALKO Athletics Inc uses cookies and similar tracking technologies in a
variety of ways. FALKO Athletics Inc uses both session cookies and persistent
cookies. A persistent cookie remains after you close your browser. Persistent cookies
may be used by your browser on subsequent visits to the site. Persistent cookies can
be removed by following your web browser help file directions. A session cookie is
temporary and disappears after you close your browser. You can reset your web
browser to refuse all cookies or to indicate when a cookie is being sent. However,
some functions or features of the Website or Service may not operate properly if the
ability to accept cookies is disabled.
16. Log File Information
When you use the Website or Service, our servers automatically record certain
information that your web browser sends whenever you visit any website. These
server logs may include information such as your web request, Internet Protocol
(“IP”) address, browser type, browser language, referring/exit pages and URLs,
platform type, number of clicks, domain names, landing pages, pages viewed and the
order of those pages, the amount of time spent on particular pages, the date and time
of your request, and one or more cookies that may uniquely identify your browser.
17. WEB BEACONS
When you use the Website or Service, we may employ “clear GIFs” (a.k.a. “Web
Beacons”) which are used to track the online usage patterns of our Users
anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also
use clear GIFs in HTML-based emails sent to our Users to track which emails are
opened by recipients.
Although FALKO Athletics Inc may track the numbers of visitors to inform FALKO
Athletics Inc concerning how best to improve and update the Website and Service and
enhance the experience for all visitors, Personal Information is not extracted in this
process. FALKO Athletics Inc uses tracking information on an aggregated basis to
help FALKO Athletics Inc operate the Website and Service, enhance and improve
them, and to display advertising and marketing information.
18. Advertisements; Links
The Website and Service may contain advertisements, references and links to other
websites, businesses and organizations. FALKO Athletics Inc may also use third
parties to display or serve advertising on the Website or Service and web-based
newsletters, emails or other communications which you may choose to receive. Often,
these third parties (“Advertisers or Ad Servers”) employ cookie and web bug
technologies to measure advertising effectiveness. You should be aware that different
rules might apply to the collection, use or disclosure of your information by
Advertisers or Ad Servers in connection with their advertisements, promotions and
other websites you encounter on the Internet. The use of such technology by these
Advertisers or Ad Servers is within their control and not in the control of FALKO
Athletics Inc. Even if FALKO Athletics Inc has a relationship with such Advertisers
or Ad Servers, FALKO Athletics Inc does not control their sites or their policies and
practices regarding your Personal Information. This Privacy Policy does not cover any
use of Personal Information that an Advertiser or Ad Server may collect from you,
and FALKO Athletics Inc encourages you to investigate and ask questions directly of
them in this regard.
19. Reservation of Rights
FALKO Athletics Inc reserves the right to deny access, use and registration privileges
to any person, including, without limitation, a User of the Website or Service, if
FALKO Athletics Inc believes there is a question about the identity of the person
trying to access and use the Website or Service. If the burden or expense of providing
access, use or registration to a person is disproportionate to the risks to your privacy,
or if the legitimate rights of others would be violated, we may decide not to provide
such access, use or registration. In such cases, FALKO Athletics Inc will provide to
you an explanation of why access cannot be provided and a contact person for further
inquiries.
20. OPT-OUT POLICY
FALKO Athletics Inc always offers you a choice of how we may use information you
provide to us, consistent with this Privacy Policy and the Terms of Service. If at any
time after registering with us or providing information to us, you wish to change what
information you receive from us, or about our sharing of such information with third
parties, please send a request to support@FALKOathletics.com .
21. Questions
If you have questions about this Privacy Policy or if you do not understand any
information about how FALKO Athletics Inc collects, maintains, uses or shares your
personally identifiable information, you may email FALKO Athletics Inc at
support@FALKOathletics.com l.
FALKO Athletics Inc Privacy and Security Policy – Effective Date: June 16, 2022
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