1. Purpose
    1. The purpose of this Privacy Policy (“Policy”) is to explain to our users what personal information we collected from them, how it is collected, what we do with it, how we protect it and what your rights are with regards to the personal information.
    2. This Policy applies to personal information collected, either directly or indirectly, and processed by FlightScope through its Online Platforms which consists of websites, software applications and online communities (“Online Platforms”).
    3. This Policy also applies to users in the European Union under the General Data Protection Regulation.
    4. Please read this Policy carefully.  It is your choice to accept or decline this Policy, a decision Flightscope will respect at all times. Declining this Policy will however affect what personal information we may collect and process which in turn will affect FlightScope’s ability to provide services to you. FlightScope suggest that you consult with FlightScope to discuss the effects of declining this Policy.
    5. We reserve the right to revise this Policy without notice to you, with the revised Policy taking effect on the date of publication on any of our Online Platforms.  We display the current version number and effective date of the current Policy as amended below the heading of this document, which shall serve as prima facie proof of the revised Policy effective date.   
    6. FlightScope will inform you when changes are made to the Policy but it remains your responsibility to stay informed about the content of this Policy at all times.
    7. In the absence of your acceptance or decline of this Policy, your continued use of our Online Platforms will constitute your deemed acceptance to be bound to the terms and conditions of this Policy.
  2. Legal basis for collecting and processing your personal information
    1. We collect and process personal information from you for the following reasons and purposes:
      • To process payments for and delivery of products and services.
      • To provide training on our products.
      • To respond to enquiries and support requests.
      • To personalize your experience and use of our products and Online Platforms.
      • To improve customer service.
      • To inform and provide you with updates of our Online Platforms.
      • To detect and repair defects or bugs in our products and Online Platforms.
      • To provide you with historical and progressive data on your golfing experience for training or general purposes.
      • If so required by law.
      • We continuously strive to improve the technical capabilities and usability of our products, Online Platforms and services based on the information and feedback we receive from you.
      • For marketing and communication purposes.
      • We may de-identify or aggregate certain personal information we collect from you in ways that do not personally identify you. Examples of such aggregated information or statistical data include information about equipment, usage, demographics and performance. FlightScope may use, sell, license or share such information with third parties for research and commercial purposes.
  3. What personal information do we collect and how do we collect the information?
    1. We collect the following personal information:
      • Sales and general enquiries – When you contact us we will request your contact details like name, email and phone number.
      • Payment information – When you purchase our products you will be required to provide personal information to process payment and shipping of our products which includes your credit information, name, billing and delivery address, company details, email and phone number.
      • Online Platforms – When you access any of our Online Platforms, you will be required to create an account and provide details like your name, date of birth, gender, handedness, handicap, photograph, physical attributes, physical address, e-mail address and phone number.
      • Product usage data – We collect operating data through our products and our Online Platforms which are used to operate our products. Depending on the product and corresponding Online Platform used, this data may include player performance data like club and ball data, video recordings, voice overs, screen casts, performance stats and averages, login times and dates, power on/off details, IP address, network name, user ID, system information and information of connected devices.
      • Usage Data – This information is generally collected from the traffic on our Online Platforms and includes, for example, your IP address, browser type and version, time zone settings and plugins, as well as customer site usage and usage patterns.  Usage Data is used to improve our Online Platforms and your experience thereof. We may combine your Usage Data with other information, including personal information, so as to tailor and personalize our communications with you and your experience thereof.
    2. How we collect personal information:
      • When purchasing any of our products and use any of our Online Platforms, you will be required to provide personal information, directly or indirectly, to enable us to supply our products and to register an account with us.  By entering such personal information, you consent to our collecting, storing and processing of such personal information in order to render the above-mentioned services. ** You may withdraw your consent at any time by sending a notification to the address provided in clause 14 hereof, which withdrawal will not affect the lawfulness of any processing based on your consent before such withdrawal and, furthermore, this may impact on your ability to use our Online Platforms or purchase our products.
      • When you contact us and provide new or updated information.
      • Through our Online Platforms when they are utilised.
  4. How do we protect your information?
    1. We will ensure that personal information collected and processed is adequate, relevant and not excessive in relation to the purposes for which it is collected and/or processed. However, such collection and use will never be more than is necessary for us to provide you with the services and/or comply with our obligations contained herein.
    2. We implement a variety of technical and organisational security measures to maintain the safety and security of your personal information and to safeguard such personal information against any loss, damage, unauthorised destruction, access or processing when you place an order or enter, submit, or access your personal information.
    3. We store all personal information collected by us in a secure operating environment, which only mandated personnel and service providers with confidentiality obligations have access to.
    4. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers database only to be accessible by those authorized with special access rights to such systems and, are required to keep the information confidential.  Most browsers will give a visual indication of when such connection is secure.
    5. When registering an account with us, you will be required to create a unique username and password (hereafter “Login Credentials”).  It is very important that you keep your Login Credentials secret and not disclose it to any third party.  We are not liable for any damages that you may suffer or any losses you may incur from any unauthorised use of your Login Credentials.  Furthermore, you agree to notify us immediately of any unauthorised use, or if you reasonably suspect unauthorised use, of your Login Credentials and you agree that we shall be entitled, to take all reasonable steps to ensure the integrity and security of our Online Platforms.
  5. Do we use cookies?
    1. Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
    2. We use cookies to help us remember and process the items in your shopping cart and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
    3. Cookies additionally help us aggregate information of web pages that users use most frequently on our Online Platforms.  This assists us in enhancing our service offerings to you. We however do not monitor your general internet activity outside of our Online Platforms.  
    4. You can alter your browser settings to disable or amend the manner in which you receive cookies from our Online Platforms, however, this could alter your experience of our Online Platforms and use of some of its functionalities.
  6. Do we disclose any information to outside parties?
    1. Except as provided for under this Policy, we will not disclose your personal information to any third party, nor sell, trade, or otherwise transfer to any third parties your personal information, without your consent.
    2. In order to provide full functionality of our Online Platforms and to provide you with our services, we may be required to share your personal information with other entities that fall under the FlightScope group, however, we undertake only to do so in accordance with this Policy.  
    3. We may contract with other entities to provide certain services and to perform certain functions on our behalf.  Examples may include those responsible for, payment and credit card processing, stocking, fulfilling and shipping orders, sending postal mail and emails or providing customer service.  Furthermore, we may provide your personal information to other entities which fall under the FlightScope group, but only where it is necessary to provide our products and services. Entities shall only have access to such personal information that is necessary for the performance of their functions and, furthermore, that they will be bound by the same privacy measures provided herein.
    4. In furtherance of what is provided in clause 6.3 above, it may be necessary for us to transfer personal information to a third country or international organisation and we undertake to transfer the personal information in a secure manner to ensure protection of the personal information. You are entitled to request confirmation of the secure methods we use to transfer personal information by sending a request to the address provided in clause 14 hereof.
    5. We reserve the right to disclose general, aggregated, anonymised and statistical information to third parties and undertake that such information will be de-identified so as not to contain any personally identifiable information of you.
  7. What rights do you have relating to your information?
    1. Right to access
      • You have the right to access your personal information which we retain and process.
      • If you would like a copy of your personal information which we retain and/or process, please send us a request to the address provided in clause 13 hereof.  We will provide you with your personal information in a commonly used electronic format. Please note that we may charge reasonable administrative costs for any further copy requests.
    2. Right to rectification
      • You have the right to rectify any inaccurate personal information or to complete any incomplete personal information we have collected from you.
      • You can access and update your personal information through your personal account or you can contact us at the address provided in clause 14 hereof.
    3. Right to delete
      • Subject to your right to have personal information deleted, we retain your personal information indefinitely as we cannot predict how long our customers will be using our products and services.
      • It is however your sole and exclusive right to have all your personal information deleted if so required. We will delete all the personal information upon request.
      • Please note that deletion of your personal information will affect our ability to provide services.
      • Your request could also be declined if so required by law.
      • We advise you to contact us and discuss the effect of deleting your personal information before you instruct us to delete the personal information. We will however at all times respect your decision to delete personal information.
    4. Right to restriction of processing
      • You have the right to restrict us from using your personal information in a particular way, such as where the accuracy of personal information is contested, where processing might be unlawful, or where we no longer require the information but you would like us to keep it for the establishment, exercise or defence of any legal claims you may have.
      • We will inform you before any such restriction is lifted.
    5. Right to data portability
      • You have the right to receive a copy of the personal information pertaining to you, which we have on our system and, to have it transmitted over to a new company without any hindrance.
      • You can request a copy of your personal details in machine readable format by directing such a request to the address provided in clause 14 hereof.
    6. General
      • We will ensure to comply with your requests made in terms of this clause 7 and provide you with the requested information without undue delay and in any event, within one month of receipt of such a request from you.  Should we be required to extend this period due to complexity or an excessive quantity of requests, we will ensure to inform you within one month of such extension, as well as the reasons therefor.
      • We will comply with any of your requests free of charge but please note, that for any requests that are manifestly unfounded or excessive, we may either charge a reasonable fee or refuse to act on such request.
  8. Disclaimer

    While FlightScope continuously strives to protect your personal information as best we can, no data transmission over the internet can be guaranteed to be absolutely secure and FlightScope cannot guarantee the security of any information you provide to us. Providing personal information is done at your own risk.

  9. Complaint to supervisory authority

    If you are not satisfied with the way in which we handled your personal information or your rights as are provided under this Policy, you are entitled to make a complaint with the supervisory authority of the jurisdiction you are located in.

  10. Linking and framing

    Other websites may link or frame our Online Platforms and it is possible that we may provide links to other websites.  Please note that this Policy does not apply to the practices of other websites and we are not responsible for the terms and policies, as well as actions, of any third parties and any personal information captured on their websites.

  11. Children’s Online Privacy Protection Act Compliance
    1. If you are under the age of 16 (sixteen) years, you may only purchase our products and use our Online Platforms with the involvement and consent of a parent or guardian.  
    2. We undertake to comply with relevant laws for the protection of personal information of children.
  12. Terms and conditions

    Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our Website at Terms and Conditions.

  13. Applicable law

    This Policy shall be governed by the laws of the Republic of South Africa and you agree that proceedings may be brought in the Magistrates Court to hear any disputes that may arise from this Policy, unless agreed otherwise.

  14. Data Controller and Contacting Us
    1. FlightScope (Pty) Ltd will be the data controller and any questions regarding this Policy must be referred to:

      FlightScope (Pty) Ltd
      P.O. Box 747, Stellenbosch, 7599
      Tel: +27 21 880 2160
      Email: privacy@flightscope.com