1. General
INVIGOLF, S.L. (with registered office at Carmen Conde, 9, 2B, 28342, Valdemoro, Madrid, Spain) (“INVIGOLF“, “we”, “us”, “our” or “our”), acting as data controller, is committed to protecting and respecting your privacy. This document (the “Privacy Policy”) is designed to inform you about our practices regarding the collection, use and disclosure of information you provide to us through this website www.invigolf.com (the “Website”) or our mobile applications (the “App”).
This Privacy Policy (together with our General Terms of Use and the other documents referred to in them and in our Cookie Policy) sets out the framework under which your personal data will be collected and processed. Please read this carefully to understand our position and practices regarding your personal data and how we will treat it.
2. What information do we collect?
We may collect and process the following data about you:
2.1 Information you provide us
You may provide us with information, including information that can identify you (“personal data”), when you use the Site/App by filling in forms (such as the registration form), when you enter any of our contests, tournaments, promotions or surveys or when you contact us by telephone, email or otherwise, as well as when you report a problem with our Site/App.
The information you provide to us may contain:
2.1.1 Mandatory information required to register for the service we provide on our Website/App or to access other of our services; this data includes, but is not limited to, your name, email address, date of birth, gender, cell phone number and a password. Some of these fields are mandatory. INVIGOLF will not be able to provide you with the services offered on the Website/App if you do not provide us with the information necessary to create a user account on our Website/App;
2.1.2 A photograph.
2.1.3 A mailing address.
2.1.4 Information about your clubs, your balls, your golf bag or other things as your car, etc.
2.1.5 Your mini biography.
2.1.6 A record of any correspondence you have had with us.
2.1.7 A record of any friend requests you make or accept through our Web/App.
2.1.8 Details of financial or accounting transactions, including transactions conducted through our Website/App or otherwise. This may include information such as, for example, your payment card or bank details, information relating to subscriptions you have made through our Website/App.
2.1.9 Details of your visits to our Website/App and the content you access.
2.1.10 Your responses to our surveys or questionnaires, as well as evaluations and opinions that you have shared in our community. This information may be used for the purpose of analyzing and studying user behavior.
2.1.11 Information we may request from you when you report a problem with our Website/App or our service, such as the cause of your support request.
2.1.12 Information about your location, provided that you have consented to the collection and processing of this data.
2.2 Information we collect automatically
2.2.1 In respect of each of your visits to our Website/App, we may collect, in accordance with applicable law and, where necessary, with your consent, information regarding the devices you use and the networks to which you connect when you use our services. This may include the following information: your IP address, connection information, browser type and version, types and versions of browser plugins or add-ons, operating system and platform, information about your visit including detailed URL history to, through and from our Website/App, products you have viewed or searched for, download errors, length of visits to certain pages, page interactions and the phone number from which you called us. We collect this information using a variety of technologies, including cookies (for more information, see our Cookie Policy).
2.2.2 We also collect aggregate information about your activity on our platform. This information may be published on your public profile on our platform.
2.3 Data preservation
2.3.1 Except in relation to the categories of personal data mentioned in clauses 2.3.2 and 2.3.3 below, your personal data will be retained for the duration of your relationship with us and will no longer be used:
– 5 years after the last use of our platform, if you did not close your account.
– 1 year after the closure of your account, except if you received a negative report or rating, in which case your personal data will be retained for (i) a period of 2 years after the last negative report or rating, or (ii) 1 year after the closure of your account, whichever period is longer.
2.3.2 The following categories of personal data may be retained for different periods:
– Financial data (e.g., payments, refunds, etc.) is retained for the time required by applicable accounting and tax laws;
– All user-generated content is anonymized, although it remains available on our platforms.
2.3.3 In the event that your account is suspended or blocked, we will retain your data for a period of between 2 and 10 years, in order to prevent you from circumventing the rules that apply to our platforms.
3. How do we use the information we collect?
We will use the information collected for the purpose of:
PURPOSE LEGAL BASIS
3.1 to carry out our obligations under any contracts we enter into between you and us and to provide you with the information and services you request from us; This processing is necessary in order to fulfill our mutual contractual obligations.
3.2 send you information regarding our services by email and/or text message and/or any other means of communication; This processing is necessary in order to fulfill our mutual contractual obligations and/or is carried out with your consent.
3.3 to receive the payments you make This processing is necessary in order to fulfill our contractual obligations.
3.4 to allow you to customize your user profile on our platform; This treatment is carried out with your consent.
3.5 to allow you to communicate and interact with other members about our services; This processing is necessary in order to fulfill our mutual contractual obligations and/or is carried out with your consent.
3.6 to give you access to our support services and to allow you to communicate with our team; This processing (i) is necessary for the performance of our mutual contractual obligations, (ii) is carried out with your consent and/or (iii) is necessary to establish, exercise or defend legal rights.
3.7 to ensure compliance with (i) applicable law, (ii) our Terms and Conditions, (iii) Privacy Policy, and (iv) Code of Conduct. Certain violations that we deem inappropriate may lead to the suspension of your account; This processing is necessary in order (i) to comply with our mutual contractual obligations, (ii) to comply with our legal obligations and/or (iii) to establish, exercise or defend legal rights.
3.8 to send you, in accordance with applicable law and, where necessary, with your consent, marketing messages and information necessary to facilitate the service and to provide you with suggestions and recommendations on matters that may be of interest to you. This processing is based on your consent and/or our legitimate interest.
3.9 to notify you of any changes in our services; This processing is necessary in order (i) to fulfill our mutual contractual obligations, (ii) to comply with our legal obligations and/or (iii) to establish, exercise or defend legal rights.
3.10 to administer our Web/App and for internal operations, including troubleshooting, data analysis, testing, research and surveys; This processing is based on our legitimate interest (i.e. ensuring the security of our platforms and improving their features).
3.11 to ensure that content is presented in the most effective way for you and your device; This processing is based on our legitimate interest (i.e. providing you with relevant content).
3.12 to allow you to participate in the interactive features of our service, when requested by you; This processing (i) is necessary in order to fulfill our mutual contractual obligations and/or (ii) is based on your consent.
3.13 as part of our efforts to keep our website/app safe and secure; This processing (i) is based on our legitimate interest (ensuring the security of our platforms), (ii) is carried out to establish, exercise or defend legal rights and/or (iii) to comply with our legal obligations).
3.14 to measure or understand the effectiveness of the advertising we send to you and to third parties, and to send you information that may be of interest to you. This processing is based on (i) our legitimate interest (i.e., to measure and optimize the effectiveness of our promotional campaigns) and/or (ii) your consent).
4. Who are the recipients of the Information we collect about you and for what purpose?
4.1 We may receive and send information about you, including your personal data, if you make use of other websites or Apps that we operate or other INVIGOLF entities or affiliated companies, for the purposes set out in this Privacy Policy.
4.2 We may also work with third parties who may be recipients of your personal data, for example:
– business partners who may provide you with related services.
– business partners who may advertise their services on our Website/App and to whom you may choose to subscribe.
– business partners, who may advertise our services on their websites.
– subcontractors of technical, payment and shipping services, or analytical solution providers.
4.3 We will only disclose your personal data to the third parties mentioned in articles 4.1. and 4.2. above in the following cases:
4.3.1 Where the involvement of another service provider is necessary for the performance of any contract we enter into with you in order to facilitate or extend our services;
4.3.2 As part of our rating system, the ratings you write will be published on the Website/App. These ratings, including your abbreviated name and photograph, will be visible to all visitors to the Website/App.
4.3.3 We use analytics service providers and search engines to help us improve and optimize our Web Page/App.
4.3.4 When expressly requested by you.
4.3.5 In addition, INVIGOLF may disclose your information when legally required or when we believe in good faith that such access, protection or disclosure is reasonably necessary to (i) respond to a claim against INVIGOLF , (ii) comply with legal process, (iii) enforce a contract with our users, in accordance with our Terms and Conditions, our Privacy Policy, our Code of Conduct, (iv) in the event of an emergency involving danger to public health, death or physical harm to any person, (v) in connection with an investigation, or (vi) to protect the rights, property or personal safety of INVIGOLF, its members or others;
4.3.6 In the event that we sell or acquire any business or assets, in which case we may be required to disclose your personal data to the prospective seller or buyer, in accordance with applicable law.
4.3.7 If INVIGOLF or all or part of its assets are acquired by a third party, in which case personal data held by us will be one of the transferred assets.
4.4 In accordance with applicable law and, where necessary, with your consent (in which case, by accepting this Privacy Policy you consent to this), we may combine information about you, including your personal data and information obtained through cookies that we receive or send to our business partners. We may use such information and the combined information for the purposes set forth above.
4.5 Please note that if you choose to share your information with us, including your personal data, through the connection services made available to you by our business partners, their privacy policies and/or notices will also apply to you in addition to this Privacy Policy. We do not control the collection and processing of your information by our business partners on their own platform.
5. How do we use and moderate your messages?
5.1 We may review, scan or analyze the messages you exchange with other members of our community through our Web/Apps, for the purposes of fraud prevention, service improvement, customer support and compliance with contracts entered into with our members (such as our Terms and Conditions).
5.2 We never scan or analyze your messages with other members of our community for commercial or advertising purposes. We may employ automated methods for the purpose of moderating such messages, although no automated individual decision making in this regard will take place.
6. Direct marketing and in our communications sent by e-mail or sms.
In accordance with applicable law and, if necessary, with your consent, we may use the information you provide on our Website/App for electronic direct marketing purposes (e.g. to receive our newsletters, invitations to our events or other communications that we believe may be of interest to you).
With respect to professional e-mails: you may withdraw your consent at any time by (i) clicking on the unsubscribe link we provide in each communication INVIGOLF sends you or (ii) contacting us using the contact information provided in Section 13 below.
With respect to direct mail:
(i) On social media platforms (e.g. Twitter): you can object at any time to data processing by configuring the settings relating to advertising in your account;
(ii) On third-party sites or applications: you can read our Cookie Policy to understand how to withdraw your consent.
7. Will we transfer your information, how and to where?
Initially, we keep the personal data we collect about you within the European Union (“EU”). However, since, for example, some of our service providers are located in countries outside the European Union (“third countries”), we also transfer some of your data to third countries. This may include third countries for which the European Commission has not decided that they ensure an adequate level of protection (for example, the United States). In that case, we ensure that the transfer is carried out in accordance with applicable law and that appropriate safeguards (in particular, the standard contractual clauses issued by the European Commission) are in place to ensure an adequate level of protection of the privacy and fundamental rights of individuals.
If you send a request to the Group Data Protection Officer (dp@invigolf.app), we will be able to provide you with details of these appropriate safeguards (e.g. standard contractual clauses issued by the European Commission).
8. What rights can you exercise with respect to your personal data?
8.1 You have the right to receive a copy of the personal data we hold about you.
8.2 You may request deletion of personal data or correction of personal data that is inaccurate. Please note that we may retain certain information about you as required by law, or where we have a legal basis for doing so (e.g., our legitimate interest in maintaining the safety and security of the platform for other users).
8.3 You have the right to object, at any time, (i) to the processing of your personal data for direct marketing purposes, or (ii) to the processing of your personal data for other purposes, on grounds relating to your particular situation. Please note that, in the latter case, this right applies only if the processing of your personal data is based on our legitimate interest.
8.4 You have the right to restrict the processing of your personal data. Please note that this only applies if (i) you have challenged the accuracy of your personal data and we are verifying such accuracy; (ii) you have exercised your right to object and we are still assessing, as provided by applicable law, whether our legitimate grounds for processing your personal data in that case override your interests, rights and freedoms; or (iii) we have processed your personal data unlawfully, but you object to the erasure of the personal data or wish us to retain it in order to establish, exercise or defend a legal claim.
8.5 You have the right to receive and/or have us transfer to another data controller a subset of the personal data, relating to you that you have provided to us and that we process in order to perform our contract or because you have given your prior consent to do so, in a structured, machine-readable and commonly used format.
8.6 To exercise your rights, please contact the Data Protection Officer (dp@invigolf.app).
8.7 You also have the right to lodge a complaint with the relevant data protection supervisory authority, or to seek redress through the courts, if you believe that your rights have been infringed.
9. Cookies & similar technologies
To learn more in this regard, please see our Cookie Policy.
10. Confidentiality of your password
When you decide to set a password to access certain parts of our Web/App, it is your responsibility to keep it secret. Please do not disclose your password to anyone.
11. Links to other websites and social networks
Our Website/App may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that they have their own privacy policies and that we are not responsible for their privacy practices. Always check these policies before you provide any personal information to them.
12. Changes to our privacy policy
Any changes we make to our Privacy Policy will be posted on this page. Where appropriate, we will notify you or ask for your consent. Please check back frequently to see if there are any updates or changes to our Privacy Policy.
13. Contact and Data Protection Officer
If at any time you wish to contact us to exercise your rights, or in relation to any queries about your personal data:
• by e-mail to our Data Protection Delegate at dp@invigolf.app
