Privacy Policy

Effective Date: August 1, 2023

This privacy policy (“Privacy Policy”) discloses the privacy practices of Back Story, LLC, d/b/a GolfForever, and its affiliates and subsidiaries (“GolfForever,” “we,” “us,” “our”) and applies solely to information or data collected from or about you when you access, use, or interact with us online through our website (e.g., https://golfforever.com/), mobile application (e.g., the GolfForever guided training app, downloadable from the iOS store or the Google Play store), or other online applications on which this privacy policy is posted (collectively, the “Service”). Please read this Privacy Policy carefully to understand how any information that you provide to us is used, stored, and shared.

HEALTH INFORMATION

GolfForever is not subject to the health insurance portability and accountability act of 1996, as amended, (“HIPAA”). This means that GolfForever is not bound by HIPAA to protect health information that you provide to us in the same manner that your doctor is required to protect information you may provide to him or her.

Acceptance Of Terms

By visiting or using the Service, such as by submitting information to us online, you agree to the terms of this Privacy Policy and our accompanying Terms of Use (“Terms”), incorporated by reference herein, and consent to our collection, use, disclosure and retention of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, including the Terms, you may not use the Service.

Information Collection, Use and Sharing

GolfForever collects information, including your personal information, when you visit or use the Service, such as to complete a registration form; submit or post communications through the Service; access training videos, instructional guides and other content on the Service; purchase, request, or subscribe to access and/or use a product, program, plan or other content through the Service; or contact us directly, such as by email or by submitting a request form. When you access or use the Service, we may also collect technical information from or about you automatically logged by our servers, and information collected indirectly from you through our third-party service providers (“Service Providers”) acting pursuant to a separate agreement between the Service Provider and GolfForever.

Personally Identifiable Information (“PII”)

For purposes of this Privacy Policy, “personal information” and “personally identifiable information” mean any information or set of information that could be reasonably used, directly or indirectly, along or in combination with other information, to identify a natural person. PII does not include information that has been de-identified, aggregated, or anonymized, or publicly available information that has not been combined with non-public PII. GolfForever collects and maintains PII that you may provide to us through your use of the Service, which may include: • Name • Address (for shipping and/or billing) • Email address • Telephone number • Age • Date of birth • Gender • Precise geolocation if you allow the Service to access location services through the permission system used by your device’s mobile operations system or browser. We may also generalize your location, for example, by using your IP address. • Payment information, such as credit or debit card number, expiration date and security code • Purchase history, including subscription plans, transactions, and your shopping and consuming tendencies on the Service • Account settings preferences, if selected We may also collect, maintain and use other information that you voluntarily submit to us. For example: • Questionnaire responses about your current levels of exercise and physical ability • Personal goals and progress-tracking, in connection with your use of the Service (e.g., GolfForever Swing Trainer, Golf-Fit Score tracker or your custom golf-training plan) • User Submissions (as defined in the Terms), such as a photograph, video, audio file or a text post submitted to our Blog page or our Review page, and information submitted directly or indirectly to us or an account associated with GolfForever, such as by tagging or posting to our social media pages maintained on third-party platforms (e.g., Facebook, Instagram and YouTube) If you choose to communicate with us through a third-party social media platform, such as by tagging us or otherwise directing a message or post at any of our accounts on those third-party social media websites, applications, or platforms (collectively, “Social Media Pages”), the information you post may be visible to any other visitors to that Social Media Page, including members of the public. GolfForever does not control and is not liable for the data practices of these third-party sites or services. We are not responsible for the safety or security of any personal information you include in such posts or how such information may be collected, processed, or used by any other visitor to our Social Media Page(s).

Automatic Data Collection Through Cookies and Other Information Collection Tools

In addition to the information described above, we collect additional information that does not personally identify you, including information we collect automatically through the use of “cookies” and other data collection tools. GolfForever tracks the following information about users who access the Service automatically using cookies and other tracking technologies: IP address, operating system used, browser type, any referring and exit websites and related browsing data- or directing-URLs, access date and time, user actions (e.g., page views, sale, registration, and time spent on a particular page or part of the Service), general geographic location and precise geo-location, and technical information about users’ device (e.g., device IDs and technical unique identifiers), as applicable. We use this information to better understand our users and how they interact with the Service in order to enhance users’ experiences with the Service.

Cookies

A cookie is a piece of data stored on your hard drive when you visit a website or use an online service. The use of cookies allows us to recognize your browser or device when you visit the Service again, which helps us improve your access to the Service and identify repeat visitors to the Service. Cookies may store unique identifiers, user preferences and other information. We may use “session cookies” or “persistent cookies.” Session cookies are temporary and expire once you close your browser or once your session ends. Persistent cookies remain on your device for much longer or until you or your browser erase them. Persistent cookies have varying durations that are dependent on their expiration date. Cookies help us better understand our users and how they interact with the Service by providing us with information about which parts of the Service are most popular, enabling us to analyze technical and navigational information about the Service, and helping us to detect and prevent fraud. We also use cookies and other data collection tools (such as web beacons and pixels) to help improve your experience with the Service. For example, we use Google Analytics to help analyze how users use the Service. These tools use cookies to collect standard Internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the Service (including IP address) is transmitted to our data collection tool service providers. This information is then used by us to evaluate visitors’ use of the Service and to compile statistical reports on website activity for GolfForever. If you would like to opt-out from the use of your information by Google Analytics, you may use Google Analytics’ opt-out browser add-on designed for this purpose. You may be able to disable cookies and/or other locally stored cookies by disabling them in your web browser or on your device. Some browsers provide settings that allow a user to reject cookies or to alert a user when a cookie is placed on the user’s computer, tablet, or mobile device. Most mobile devices also offer settings to reject mobile device identifiers. However, if you decide to block or reject cookies from us, the Service may not function properly.

HOW WE USE THE INFORMATION WE COLLECT

We may use the information we collect for any of the following purposes: • to provide the Service to you, including to register your Account and subscription, to develop customized programs under applicable subscription plans, and to improve the Service; • to create and manage your Account or subscription with GolfForever, and to manage your relationship with us; • to operate, improve, and personalize the products and content we offer, and to give each user a more consistent and personalized experience when interacting with us; • for marketing purposes, such as to personalize our advertising (e.g., through audience targeting) and marketing communications, your shopping experiences, and our promotional offers, and to deliver promotions and offers to you that we think may interest you; • if you sign up for our email listserv, to send promotional messages, materials, and updates about the Service or Service-related products, offers that we think might be of interest to you, or other information requested by you; • for security, to detect fraud or illegal activities, and for archival and backup purposes in connection with the provision of the Service; • for research and analysis purposes; • to complete and fulfill your order or to facilitate your sales requests, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase or a sales inquiry, including your subscription and/or renewal order, and provide you with related customer service; • to respond to your requests and inquiries, such as a request sent to our customer service/support staff or an inquiry sent to our sales team, messages received through email, telephone call, text messaging, or other channels of communication that you have approved; • to send you surveys regarding your satisfaction with our services, products and overall experience with GolfForever; • for our business purposes, such as data analysis, audits, developing new products, enhancing the Service, improving our products, programs, plans, and content, identifying Service usage trends and determining the effectiveness of our promotional campaigns; • as we believe to be necessary or appropriate: (i) under applicable law; (ii) to comply with legal process; (iii) to respond to requests from public and government authorities; (iv) to enforce this Privacy Policy and our Terms of Use; (v) to protect our operations or those of any of our affiliates; (vi) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; and (vii) to allow us to pursue available remedies or limit the damages that we may sustain.

HOW WE SHARE INFORMATION WE COLLECT

• With Third-Party Service Providers Performing Services on Our Behalf. We share your personal information with our independent contractors (e.g., golf-related professionals) and Service Providers to perform the functions for which we engage them. For example, we may use third parties to host the Service, to assist us in providing functionality (e.g., payment processing) on the Service, and to provide data analytics on the Service. We may also use individuals to help us develop the materials, content, and similar features offered through the Service. • Changes of Control. As GolfForever develops, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, bankruptcy, or similar event, the PII and other Information may be part of the transferred or assigned assets. • For Legal Purposes. To the extent permitted by law, we may also disclose the PII and other Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such information is necessary or advisable, for example, to protect the rights, property, or safety of GolfForever or others.

HOW TO MAKE CHANGES TO YOUR INFORMATION

You may review and/or make changes to your PII by contacting GolfForever as described in the “How to Contact Us” section below. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our databases.

SECURITY

We take commercially reasonable steps to protect PII and other Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. When we collect PII through our website, that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the website. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, email sent to or from the Service may not be secure, and you should, therefore, take special care in deciding what information you send to us via email.

DO NOT TRACK SIGNALS

GolfForever does not respond to web browser “do not track” signals or other mechanisms that permit an individual to exercise choice regarding the collection of PII and other personal information about that individual’s activities over time and across third-party websites and online services.

COMMUNICATIONS

By providing your email or phone number to us online, you agree to our Terms and this Privacy Policy, and authorize us to contact you in the same or reasonably similar manner. For example, if you provide your email address in a request form submitted to our support staff, you acknowledge and accept that we may respond to your request by contacting you at the email address provided. Your agreement to receive these communications is not a condition of purchasing any products, goods, or services and you may elect to do business with us over the phone. Where applicable, message & data rates may apply, and message frequency may vary. You may unsubscribe from email communications via the unsubscribe link in the footer of all emails. Please note that if you opt out of receiving promotional messages from us, this does not impact other transactional and administrative messages which you will continue to receive (such as emails relating to billing and payment information or changes to this Privacy Policy).

LINKS TO EXTERNAL WEBSITES AND ONLINE SERVICES

The Service may contain links to third-party websites and online services. Any access to and/or use of such third-party websites and online services is not governed by this Privacy Policy but is instead governed by the privacy statements of those third parties. GolfForever has no control over the content or privacy practices of those third-party websites or online services, and GolfForever is not responsible for the content or privacy practices of those websites. We encourage our users to be aware when they leave our Service and to read the privacy statements of any other website that our users may visit.

CHILDREN

GolfForever does not knowingly collect or maintain PII from children under the age of 13, and no parts of the Service are directed to or designed to attract anyone under the age of 13. IF YOU ARE UNDER 13 YEARS OLD, PLEASE DO NOT GIVE US ANY PERSONAL IDENTIFIABLE INFORMATION. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide PII through any website without the permission of a parent or guardian. If you have reason to believe that a child under the age of 13 has provided PII to us, please contact us, and we will endeavor to delete that information from our databases.

YOUR CALIFORNIA PRIVACY RIGHTS

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of the Service that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us as set forth in the “How to Contact Us” section below.

NEVADA RESIDENTS

Under Nevada law, GolfForever does not sell your personal information. However, if you are a Nevada resident, you may submit a request that we not sell any personal information we have collected about you by contacting us as set forth in the “How to Contact Us” section below.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is effective as of the Effective Date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Modifications shall become effective immediately upon being posted on the Service. Please be aware that, to the extent permitted by applicable law, our use of the PII and other Information is governed by the Privacy Policy in effect at the time we collect the information. Please refer back to this Privacy Policy on a regular basis.

HOW TO CONTACT US

If you have questions about this Privacy Policy or feel that we are not abiding by this Privacy Policy, please contact GolfForever via: • Email at info@golfforever.com with “PRIVACY POLICY” in the subject line; or • Postal mail addressed to: Privacy Administrator, Back Story, LLC d/b/a GolfForever, PO Box 551131, Gastonia, North Carolina, 28055 Our intent is to promptly reply to every message we receive. This information is used to respond directly to your questions or comments. We also may file your comments to improve our services in the future.