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Website Terms and Conditions of Use​

1.     ACCEPTANCE OF TERMS OF USE

These terms of use are entered into by and between you and the Foundation. The following terms and conditions govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website. By using this website (“Site”), you signify your agreement to the terms of this Website Terms and Conditions of Use and our Privacy Policy (“Agreement”). If you do not agree to the terms in this Agreement, you must not use the Site. The Foundation (defined below) may change the terms of this Agreement at any time. All Changes are effectively immediately when we post them. Your continued use of the Site after such change is posted will mean that you accept such change.

 

2.     ​USE OF WEBSITE

The Site is either owned by or licensed to the Foundation. The applicable owners and licensors retain all rights to the Site, including, but not limited to, all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the Site on any single device for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Site without first obtaining the written permission of the Foundation or otherwise as expressly set forth in the terms and conditions of the Site. The Site must not be used in any unauthorized manner. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Foundation. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

3.     LINKING

The Site may contain links and pointers to other Internet sites and resources, including, without limitation, Third Party Sales Locations and Third Party Social Networking Features. Links to and from the Site from or to Third Party Sales Locations, Third Party Social Networking Features and other websites or locations maintained by third parties do not constitute an endorsement by the Foundation of any such third-party website or content. the Foundation is not responsible for the availability of these third-party resources or their contents. You should direct any concerns regarding any external link to the administrator of the applicable third-party website or location.

 

4.     DISCLAIMER OF WARRANTIES

a.     USE OF THE PRODUCTS, MERCHANDISE, TICKETS AND SERVICES INCLUDED IN THIS SITE, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

b.     EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED, THE MATERIALS CONTAINED OR DISTRIBUTED ON SITE, INCLUDING BUT NOT LIMITED TO ALL PRODUCTS, MERCHANDISE, TICKETS AND SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE. THE ASTROS GOLF FOUNDATION AND ITS RESPECTIVE PARENT, SUBSIDIARY AND AFFILIATED ENTITIES AS WELL AS EACH OF THEIR RESPECTIVE OFFICIALS, PARTNERS, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES AND AGENTS (“THE FOUNDATION”) MAKE NO GUARANTEES, COMMUNICATED OR SUGGESTED, AND THUS RENOUNCE AND NULLIFY EVERY SINGLE OTHER WARRANTIES, INCLUDING WITHOUT IMPEDIMENT, INFERRED GUARANTEES OR STATES OF MERCHANT-ABILITY, FITNESS FOR A SPECIFIC REASON, OR NON-ENCROACHMENT OF LICENSED PROPERTY OR OTHER INFRINGEMENT OF RIGHTS. FURTHER, THE FOUNDATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE PRECISION, LIKELY RESULTS, OR UNWAVERING QUALITY OF THE UTILIZATION OF THE MATERIALS ON THE SITE OR GENERALLY IDENTIFYING WITH SUCH MATERIALS OR ON ANY DESTINATIONS CONNECTED TO THE SITE.

c.      THE FOUNDATION DOES NOT WARRANT THAT: (1) THE SITE OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE SITE, OR PRODUCTS, MERCHANDISE AND SERVICES AVAILABLE THEREFROM, WILL BE CORRECTED; (3) THE SITE, OR PRODUCTS, MERCHANDISE AND SERVICES, WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE SITE, OR PRODUCTS, MERCHANDISE AND SERVICES AVAILABLE THEREFROM, WILL BE ACCURATE OR RELIABLE.

 

5.     LIMITATION ON LIABILITY

a.     NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERMS AND CONDITIONS OF THE FOUNDATION OR ANY ACT OR FAILURE TO ACT BY THE FOUNDATION OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE SITE.

 

b.     IN NO EVENT SHALL THE FOUNDATION BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS, MERCHANDISE, AUCTIONS, TICKETS OR SERVICES.

 

c.      IN NO EVENT SHALL THE FOUNDATION OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE SITE INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS, MERCHANDISE, AUCTIONS, TICKETS OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF THE FOUNDATION IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF THE FOUNDATION OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE SITE, INCLUDING BUT NOT LIMITED TO ANY PRODUCTS, AUCTIONS, TICKETS, MERCHANDISE, OR SERVICES AVAILABLE THEREFROM, IS $50.

 

d.     IN NO EVENT SHALL THE FOUNDATION BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT SITE, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY

 

e.     YOU AGREE TO PROVIDE WRITTEN NOTICE OF ANY CLAIM OR DISPUTE, INCLUDING THOSE RAISED IN ARBITRATION AS DESCRIBED IN SECTION 8 BELOW, TO FOUNDATION WITHIN ONE YEAR OF THE CLAIM OR DISPUTE ARISING OR IT IS FOREVER WAIVED AND TIME BARRED

 

6.     INDEMNIFICATION

You hereby agree to indemnify and hold the Foundation harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (i) your use of the Site, including but not limited to the products, merchandise, auctions, tickets and/or services purchased via the Site; or (ii) any alleged breach of this Agreement by you.

 

7.     TERMINATION

The Foundation may change, suspend or discontinue any aspect of the Site at any time, including the availability of any product, merchandise, auctions offering, ticket offering, service, feature, database or content. The Foundation may also impose limits on certain offerings and features or restrict your access to parts, or the entirety, of the Site without notice or liability at any time in the Foundation's exclusive discretion, without prejudice to any legal or equitable remedies available to the Foundation, for any reason or purpose, including, but not limited to, conduct that the Foundation believes violates this Agreement or other policies or guidelines posted on the Site or conduct which the Foundation believes is harmful to other customers, to the Foundation's business or to other information providers. In addition and without prejudice to any other remedy available to the Foundation, the Foundation may immediately terminate this Agreement if you breach any term of this Agreement or other operating terms set forth by the Foundation in the Site. This Agreement may also be immediately terminated at any time by the Foundation in its sole discretion.

 

8.     ARBITRATION

Please read this section carefully. It affects your legal rights. It provides for resolution of most, but not all, disputes arising out of or relating to this Agreement or your use of any Foundation Property between you and Foundation through individual binding arbitration instead of in court. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery and appellate review are more limited. This section survives termination of the Agreement and the relationship between you and Foundation.

a.     Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Site (including all commercial transactions conducted through the Site) ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and the Foundation waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Harris County, Texas, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This arbitration provision shall survive termination of this Agreement.

 

b.     Subject to the limitations set forth below in this Section 8.B, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of Texas, provided that:

 

                        i.         The arbitrator shall not have authority to award punitive damages; and

                        ii.        Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and the Foundation agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.

c.      For any Claims that are not subject to arbitration: (i) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Harris County, Texas (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (ii) you and the Foundation waive any and all rights to trial by jury with respect to any Claims.

 

d.     In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section 8, or initiates a proceeding involving a Claim under Section 8.C other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this agreement to arbitrate and the Forum to which the parties have herein agreed.

 

e.     To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide the Foundation with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.

 

9.     GOVERNING LAW

Any and all claims arising out or related to this Agreement or to your use of any product or service distributed by the Foundation shall be governed by, and construed and interpreted in accordance with, the laws of the State of Texas, without regard to conflict of laws principles.  If the arbitration agreement is ever deemed unenforceable or void, or a dispute or claim between the parties is not subject to arbitration (including any Non-Arbitrable Claim), or for any action that seeks to enforce or challenge the enforceability of the arbitration agreement or any provision of the Agreement, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in Harris County, Texas (the "Forum") for purposes of any legal action and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (i) inconvenient forum or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.

 

 

10.   MISCELLANEOUS

This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. the Foundation in its sole discretion may amend this Agreement, in which case we will post the amended Agreement within the Site. Your use of the Site after such amended Agreement is posted will constitute acceptance of it by you. the Foundation may be required to notify you of certain events concerning the Site and your use thereof, and your use of the Site constitutes acceptance that such notices will be effective upon our posting them on the Site or, if we elect in our sole discretion, emailing you at an address you have provided to us. Sections 4, 5, 6, 8, 9, 10 and 11 of this Agreement will survive any termination or cancellation of this Agreement. the Foundation’s performance under this Agreement is subject to applicable law and nothing contained herein is in derogation of the Foundation's right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Foundation with respect to such use. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.

 

11.  NOTICE FOR CALIFORNIA CONSUMERS

   Under California Civil Code Section 1789.3, California users of the Foundation Properties (as defined in our Privacy Policy) are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

​

12.   NO WAIVER AND SEVERABILITY

No waiver by the Foundation of any term or condition set out in these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If an provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Last updated: July 1, 2024

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Privacy Policy

PLEASE READ THIS PRIVACY POLICY (THIS “PRIVACY POLICY”) CAREFULLY BEFORE USING THIS WEBSITE, APPLICATION OR ANY OTHER PRODUCT OR SERVICE OF THE ASTROS GOLF FOUNDATION.

This Privacy Policy is applicable to this Website, the Applications, the Tournament and all products and services provided and/or distributed (whether via this Website or elsewhere) by the Astros Golf Foundation (the “Foundation”) which link to this Privacy Policy, all of which will be referred to herein collectively as the “Foundation Properties” and individually as a “Foundation Property.” This Privacy Policy describes what information we collect via the Foundation Properties, how we may use that information and the choices we offer for you to manage the personal information we collect related to your use of the Foundation Properties. This Privacy Policy does not apply to the collection of information from you offline (e.g., when you provide information over the phone or on a paper form). The Foundation Properties may link to services or properties operated by third parties which are not subject to this Privacy Policy. You should familiarize yourself with the privacy practices of any third party whose services or properties you utilize and direct any concerns regarding any such third party property to the administrator of the applicable property.

  1. Personal Information We Collect.  We Collect Personal Information You Choose to Provide. You may visit and enjoy many elements of the Foundation Properties without disclosing any personal information about yourself. However, if you choose to make use of select, special or enhanced elements of the Foundation Properties, you may need to share with us certain personal information so those elements may function properly. When you use certain enhanced elements within the Foundation Properties (e.g., create a profile, register for a promotion, make a purchase or publish a comment), the personal information we collect may include, but is not limited to:

  • Full name,

  • Email address,

  • Password,

  • Street address,

  • Telephone number(s),

  • Birth date,

  • Payment card information,

  • IP addresses

  • Location data

  • Contacts (as stored in your wireless device)

  • Networks and any other information shared when using Third-Party Sites

  1. How We Use and Share Your Personal Information.  If you submit personal information to us, or to any third party acting on our behalf (a “Service Provider”), via the Foundation Properties, we may use and share your information as set forth in this Privacy Policy, as disclosed when you first submit your information or as otherwise permissible under applicable law. We will not sell, lease, publish or share your personal information with or to anyone else, except as set forth in this Privacy Policy. We may use and share your personal information as described in Section 1 above and:

    • To provide you with information you have requested, or with products, services or content you have purchased, used or otherwise engaged with, (e.g., a sweepstakes, rewards program, subscription to goods or services, etc.) and to communicate with you (including via postal mail) about the same;

    • To communicate with you about the PGA or an entity hosting a  PGA tournament applicable to your interactions with the Foundation Properties and about products, services, sponsors, partners or affiliates related to a purchase you have made or rules or terms to which you have agreed, to the extent the sending of such communication is permissible under applicable law;

    • With one or more entities that host a PGA tournament, to the extent you've submitted information or accessed functionality or content that relates specifically to such entities (e.g., you've made an PGA tournament-specific purchase), so we and they may learn more about fans like you, add you to a postal mail list, and provide better services to you;

    • To send you periodic surveys to help improve the Foundation Properties or your fan experience;

    • In connection with loyalty, membership or rewards programs operated or accessible from the Foundation Properties;

    • When the personally identifying components of your information are removed, we may use and share such anonymized information for internal purposes (e.g., to learn about the age distribution of our users); and

    • In accordance with any other permission you provide at the time you submit such information to us

    • To provide your personal information to other PGA Entities where necessary for the purposes set out in this Privacy Policy

For customers in the EEA, we are required to give you information about the legal basis on which we process your personal information. In some cases, such as where you have purchased a service, the processing of your personal information will be necessary in order to perform a contract with you. In many other cases, the processing will be necessary for the purpose of legitimate interests we are pursuing, namely the facilitation of the purposes for which your personal information is processed as set out above.

  1. Other Information Collected. 

Technical Information. When you use the Foundation Properties, we use software tools, including but not limited to cookies (small amounts of date which include a  unique string of characters set to your browser or application from your website’s computers and stored on your computer’s or device’s hard drive), web beacons (technology used to track activity, also known as pixel tags) and similar technologies, to collect a variety of technical, non-personally identifiable information, for example the IP address of the computer or device used to access a Foundation Property, the type of Internet browser or operating system used to access a Foundation Property, the date and duration of a Website visit or the IP address used to access the Website.  We use such technical information for internal purposes, for example to study and improve the response times of our Website, We may associate such technical information with personal information you provide to us as described in Section 1 above, in which case we will treat such associated information as personal information. Please be advised that associating technical information with personal information may be required for us, and our service providers, to recognize you and your communications with us, for example to retain your newsletter preferences or enable your use of a “shopping cart.” Customers within the EEA will be asked for consent prior to the setting of cookies.

 

Location Data. When you use a Foundation Property via a wireless device we may solicit your permission to collect your location data. Some features with our Applications may only function upon confirmation of your location, and therefore such features will not be available if you choose not to provide your location data to us. The specificity of the location data collected may depend on a number of factors, including the device you are using (e.g., laptop, smartphone, tablet) and how you are connected to the Internet (e.g., via cale broadband connection, Wi-Fi). If you enable locations services for our Applications, we may collect location data (e.g., zip code) periodically as you use or leave open our Applications. We use such location information for internal purpose and to improve your Foundation Property experience, for example to understand where our users are mostly successfully accessing the Foundation Properties.  We may associate such location information with personal information you provide to us as described in Section 1 above, in which case we will treat such associated information as personal information. Depending on the platform you use to access our Applications (e.g., Apple’s iOS, Google’s Android) you may be able to control whether location data is collected from within “Settings” or other controls on your wireless device or the Applications.

Third Party Cookies and Web Beacons; Network Advertisers. We allow and use select Service Providers and/or Other Companies (any other company, entity, or person referred to in this policy as “Other Company” or collectively “Other Companies”) that may act as third parties as defined under applicable data privacy laws, such as those who deliver advertisements, content, or social networking or which provide other services associated with the PGA Tour, to collect data and/or serve ads when you visit Foundation Properties. We may also make available certain data you have given to us (e.g., IP address) or that we have collected through publicly available means to third parties engaged in targeting advertisements on the Foundation Properties including for use in accordance with such third party's privacy policy. Network advertisers may use information (not including your name, address, email address or telephone number) about your visits to Foundation Properties in order to provide advertisements about goods and services of interest to you. This may happen through permission given to such third parties to set cookies, web beacons or similar technologies in certain locations within the Foundation Properties, including but not limited to certain of our emails. Third party companies that manage and deliver advertisements to websites and applications such as ours are commonly referred to as "network advertisers." A permitted network advertiser may use cookies, web beacons or similar technologies to collect information about your interaction with the Foundation Properties in order to tailor certain advertisements and content delivered within the Foundation Properties and on other websites within such network advertiser's ad network. These companies may also use non-cookie technologies to recognize your computer or device and/or to collect and record information about your web surfing activity including your activities on or off Foundation Properties. Please keep in mind that your web browser may not permit you to block the use of these non-cookie technologies, and those browser settings that block cookies may have no effect on such techniques. You may learn more about network advertising industry practices and opt out of targeted behavioral advertising from many major third party network advertisers and to know your choices about not having this information used by these companies via the information and tools available here and here.

Other Advertising. We disclose certain data to social networks (e.g., Facebook, Twitter, Snapchat, Google +, etc.) (each a “Social Network”), to allow us to target existing users and customers with highly relevant advertising campaigns. We will not share your name, address, email address or telephone number for the purposes of such campaigns. Instead, a unique code (hashed email address) is disclosed to the applicable Social Network in order for that identifier to be matched against existing users of the relevant Social Network and to identify potentially relevant audiences for targeted advertising. We use services such as LinkedIn Matched Audiences and Facebook Custom Audiences for these purposes. If you do not wish to receive advertisements in this way, please follow the links in the paragraph above.[JM1] 

In addition to advertisements for our own goods and services, we may also facilitate Other Companies, including Other Companies that may act as third parties as defined under applicable data privacy laws, to advertise their own and/or Other Companies’ goods and services including by targeting those advertisements to those that might be most interested in them. This is done using information which does not include your name, address, email address or telephone number and we will not share or sell any of your personal information to third party advertisers other than as set forth in this Privacy Policy. In order to provide advertisements relevant to you, your IP address will be used, as well as your operating system and device type. Information about your particular device will be used to show you advertisements which work properly on that device.

Social Networking. When using the Foundation Properties or when using certain third party Social Networks, you may have the option to connect your Foundation Property information and activity with your Social Network information and activity. If you authorize such a connection, you permit us to share or publish information about your Foundation Property activity with that Social Network and its users, and to access certain of your Social Network information, as disclosed to you at the time you consent to the connection. Information we may share with a Social Network may include, but is not limited to, technical information about your Foundation Property activity, your Foundation Property comments or the videos you watch on Foundation Properties. Information we may access about you, with your consent, from a Social Network may include, but is not limited to, your basic Social Network information, your location data, your list of contacts, friends or followers and certain information about your activities on the Social Network. If you permit a connection between a Social Network and an Foundation Property, we (and that Social Network) may be able to identify you and to associate information received pursuant to the connection with information we already have about you We recommend that you familiarize yourself with the privacy policy and privacy control options of any Social Network with which you choose to share information or connect to an Foundation Property.

Device ID. When you use certain Foundation Properties, we or our service provider may collect your unique device ID. We may use such information for internal purposes and to provide you a better Foundation Property experience. We may associate Device ID with personal information you provide to us as described in Section 1 above, in which case we will treat such associated information as personal information. You may opt out of any anonymous Device ID collection via the privacy settings available within your mobile device.

 

Video and Audiovisual Recordings. While you are present at facilities, games or events operated or controlled by Foundation or PGA, there may be video recording, including but not limited to for telecast, security, marketing, promotional or other purposes. The terms and conditions applicable to your access to the applicable facility, game or event may include terms regarding the capture and use of video or audiovisual recordings and you should familiarize yourself with those terms. Furthermore, at certain matches or events operated by Foundation or PGA, consent may be separately sought for the capture and use of video or audiovisual content for purposes set forth in that consent. This video or audiovisual content may be utilized by Foundation or PGA pursuant to this Privacy Policy to produce, exhibit, advertise or otherwise use your image, voice or likeness in any and all media now or existing in future as part of the Foundation Properties’ commercial, advertising and marketing activities. It may also be used to provide security services, to train personnel regarding security practices and in connection with legal action or regulatory investigation.

  1. Other Circumstances When Your Data May Be Shared

    • Aggregated and Anonymous Information. We may share aggregated, anonymous information with any third party. This information is not linked to personal information that can identify you or another individual person. Amongst other reasons, this information may be disclosed for advertising analytics purposes.

    • Business Transfers. As time passes, Foundation may disclose personal information with any person or party to whom we may transfer any of our rights or obligations under any agreement, or in connection with a sale, merger, or consolidation of our business or other transfer of our assets, whether voluntarily or by operation of law, or to any person who is otherwise deemed to be our successor or transferee.

    • Disclosure for Legal Purposes. We may be required to share your personal and non-personal information pursuant to judicial or governmental subpoenas, warrants or orders. If we are required to do so, we will, of course, obey the law. In addition, notwithstanding any term to the contrary in this Privacy Policy, we reserve the right to use, disclose or share your personal and non-personal information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of Foundation Terms of Use or as required by law.

  2. Transferring Your Personal Information Across Borders. For customers in the EEA, we are obligated to provide certain information relating to the transfer of your personal information outside the EEA. Where you have purchased a service, it may often be necessary to transfer your personal information in order to perform a contract with you. In addition, we may in some circumstances rely on your express consent. If you submit person information to us, or to a Service provider, via the Foundation Properties, you will be voluntarily transferring this personal information to the United States, a jurisdiction, which does not provide the same frameworks as the EEA for the protection of personal information. The same will be the case in relation to your personal information which is collected when you use Foundation Properties as specified above.

 

  1. Managing Your Personal Information.  You may choose and control what information you provide about yourself and certain information which is automatically collected via the Foundation Properties. If you do not wish to provide certain information necessary for enhanced functionality or content on the Foundation Properties, please do not use such functionality or content. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows a user to accept or reject most cookies. If you set your browser or Adobe Flash options not to accept cookies or local shared objects, you may not be able to take advantage of certain features of the Foundation Properties.

 

Foundation Properties contains links to other websites and products operated by related and unrelated third parties. In addition, if you click on an advertisement within Foundation Properties, you may be directed to a web page within our services or to a third-party website or product. We are not responsible for the privacy practices of third party websites or products, and we encourage you to read the privacy policies of every website and product that collects personally identifiable information from you. This Privacy Policy applies only to Foundation Properties, unless you are notified otherwise upon accessing any third party website or product, in which case the terms and conditions set forth in such notification will apply.

 

Cookies. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows a user to accept or reject most cookies. Certain cookies that are set when you access certain video products via the Foundation Properties, called local shared objects or Flash cookies, may not be managed using the settings in your web browser. If you set your browser or Adobe Flash options not to accept cookies or local shared objects, you may not be able to take advantage of certain features of the Foundation Properties.

 

Personal Information Provided During Website Registration. If you want to review or revise the personal information you provided in connection with certain Website purchases, other personal information you have provided to us, have us delete personal information (except what is needed for record-keeping purposes), or change the promotional email communications or newsletters you receive from us, email Privacy Policy Requests at ccpa@astros.com.

 

Customers in the EEA. For customers in the EEA, you have the right to see a copy of the personal information that we hold about you, and you may ask us to make any necessary changes to ensure that this information is accurate and kept up to date. To exercise these privacy rights, please email ccpa@astros.com.

 

In addition, subject to limitations as provided for by applicable data protection legislation, you have the right to request the erasure of your personal information or the restriction of its processing, or the transfer of your personal information to another data controller. Please contact us as specified above if you wish to do so.

 

How Long Foundation Retains Your Personal Information. We retain your personal information for as long as reasonably necessary and proportionate to achieve the purposes and uses set out in this Privacy Policy, as authorized by law, and to meet legal, taxation, accounting, risk management or business requirements. Different retention periods apply to different types of records and data and, where information is used for more than one purpose, we will retain it until the purpose with the latest period expires. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you and provide products, services or content to you; (ii) whether there is a legal obligation that applies to us; and (iii) whether we determine we need to retain the information due to our legal position, including, but not limited to relevant statutes of limitations, litigation, or regulatory investigations.

 

These retention periods may be extended where circumstances so require or until a particular query, investigation or dispute is fully resolved.

 

  1. Your California, Virgina, Colorado, Connecticut, and Utah Privacy Rights; Notice to Illinois Residents.

 

If you are a resident of California, you have certain rights pursuant to the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act of 2020 (“CPRA”), and the Shine the Light law. Except where specifically noted below, both the CCPA and the CPRA are collectively referred to as the CCPA in this Privacy Policy. Those rights are detailed in this Section 7. To exercise the rights detailed in this Section 7, please email ccpa@astros.com.

 

If you are a resident of Virginia, you have certain rights pursuant to the Virginia Consumer Data Protection Act. Those rights are detailed in this Section 7. To exercise the rights detailed in this Section 7, please email ccpa@astros.com.

 

If you are a resident of Colorado, you have certain rights pursuant to the Colorado Privacy Act. Those rights are detailed in this Section 7. To exercise the rights detailed in this Section 7, please email ccpa@astros.com.

 

If you are a resident of Connecticut, you have certain rights pursuant to the Connecticut Data Privacy Act. Those rights are detailed in this Section To exercise the rights detailed in this Section 7, please email ccpa@astros.com.

 

If you are a resident of Utah, you have certain rights pursuant to the Utah Consumer Privacy Act. Those rights are detailed in this Section 7. To exercise the rights detailed in this Section 7, please email ccpa@astros.com.

 

Your privacy rights include (i) the right to know about your personal information that Foundation Properties collected, disclosed, sold or shared; (ii) the right to delete your personal information; (iii) the right to correct inaccuracies in your personal information; (iv) the right to opt-out of sale or sharing of your personal information; (v) the right to opt-out of targeted advertising; (vi) the right to data portability; (vii) the right to non-discrimination; and (viii) the right to appeal a refusal to act on your data rights request.

 

Right to Know About Personal Information Collected, Disclosed, Sold or Shared.

 

You have the right to request that Foundation disclose the following information to you about our collection and use of your personal information in connection with the Foundation Properties over the last 12 months:[JM2] 

 

  • The categories of personal information we collect about you.

  • The categories of sources for the personal information we collect about you.

  • Our business or commercial purpose for collecting or selling that personal information.

  • The categories of third parties with whom we share that personal information for cross-context behavioral advertising.

  • The specific pieces of personal information collected about you.

  • If we sold or disclosed your personal information for a business purpose, (i) a list of the categories of personal information we have sold in the prior 12 months and (ii) a list of the categories of personal information we have disclosed in the prior 12 months.

  • If we have not sold or disclosed your personal information in the preceding 12 months, we will disclose that upon request.

 

You also have the right to request that Foundation disclose the following information to you about our collection and use of your sensitive personal information in connection with the Foundation Properties over the last 12 months:

 

  • The categories of sensitive personal information we collect about you.

  • The categories of sources for the sensitive personal information we collect about you.

 

For California residents, our responses to right to know requests will cover the personal information we have collected and maintain about the consumer for the preceding twelve (12) months or for a shorter period if an exemption applies or if requested by the consumer[JM3] .

 

Right to Request Deletion of Personal Information. You also have the right to request that Foundation delete any of your personal information that we collected via the Foundation Properties and retained. We will not delete your information if we need it to protect the security, integrity or functionality of our operations and systems, to comply with legal obligations, to provide you with a good or service you requested, or for certain other reasons.

 

Right to Request Correction of Personal Information. You have the right to request that Foundation correct inaccuracies in your personal information that we collect and maintain about you. If Foundation receives a verifiable consumer request to correct inaccurate personal information, we will use commercially reasonable efforts to correct the inaccurate personal information as directed by you. We will not be able to update your information if we need it to protect the security or functionality of our operations, to comply with legal obligations, or for certain other reasons.

 

Process Foundation will use to Verify Request to Disclose, Correct, or Delete Personal Information of a California, Virginia, Colorado, Connecticut or Utah Resident. A request to disclose, correct or delete your personal information must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information and that you are a resident of California, Virginia, Colorado, Connecticut or Utah, as applicable. Your request must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. We ordinarily process requests within 45 days of its receipt. In some cases, we may extend this period to 90 calendar days. If we require more than 45 days, we will inform you or your authorized agent in writing of the reason we did so and the extension period.

 

Right to Opt-Out of the Sale or Sharing of Personal Information. You have the right to direct us at any time to not sell your personal information or share your personal information for cross-context behavioral advertising. You may submit an opt-out request by emailing ccpa@astros.com.

 

Right to Opt-out of Targeted Advertising. You have the right to direct us not to process your personal information for targeted advertising. You may submit an opt-out request by emailing ccpa@astros.com.

 

Your right to Data Portability. You have the right to have a copy of personal information that Foundation collected and maintains about you transferred to you or to another authorized party.

 

Your Right to Non-Discrimination for the Exercise of Your Privacy Rights. We will not deny services, charge different prices, offer a different quality of service or otherwise discriminate against you for exercising your California, Virginia, Colorado, Connecticut or Utah privacy rights, as applicable. Nothing in this section prohibits Foundation from charging you a different price or rate, or from providing a different level or quality of goods or services to you, if that difference is reasonably related to the value provided to you by the use of your data. With your consent, Foundation may choose to offer you financial incentives directly related to the value of your personal information for the collection, sale, or deletion of your personal information.

 

Information Regarding Authorized Agents. You may designate an authorized agent to make a request on your behalf. If you choose to do so, Foundation may require you to (1) provide the authorized agent written permission to do so and (2) verify your own identity and residency directly. Foundation may deny a request from an agent that does not submit proof that they have been authorized by the consumer to act on their behalf.

 

Right to Appeal. If you are a Colorado, Virginia or Connecticut resident, and Foundation denies your request to exercise any of the data rights described above, you have the right to appeal our decision within a reasonable period of time after your receipt of our decision.

 

You may appeal our decision by sending an email to ccpa@astros.com.  We will respond to an appeal within 60 days of receipt for residents of Virginia and Connecticut, and within 45 days of receipt for residents of Colorado. We may extend the response period by 60 additional days for residents of Colorado where reasonably necessary and, if we extend the response period, we will inform you of the extension within 45 days after our receipt of your appeal. Our response to your appeal will inform you of decisions and actions in response to your appeal, including an explanation of the reasons for the decisions.

 

If you have concerns about the results of your appeal, you have the right to contact your state attorney general. If your appeal is denied and you are a Virginia resident, you may contact the Virginia Attorney General to submit a complaint at: https://www.oag.state.va.us/consumer-protection/index.php/file-a-complaint. If your appeal is denied and you are a Connecticut resident, you may contact the Connecticut Attorney General to submit a complaint at: https://portal.ct.gov/AG/Common/Complaint-Form-Landing-page.

 

Shine the Light Law. If you are a resident of California, pursuant to California Civil Code Section 1798.83, you may request information regarding our disclosure of your personal information to a third party for that party's direct marketing purposes. Any such disclosure made to a third party by us would be otherwise in accordance with the terms of this Privacy Policy. To make such a request please email ccpa@astros.com.

 

Do Not Track Requests. “Do Not Track” signals are options on your browser that inform website operators that you would not like to have your online activity tracked. Currently, there is no industry standard regarding any appropriate action that websites should take when they receive “Do Not Track” signals. As there is no industry standard, please note that we do not alter our Website’s data and information collection and use practices when we receive a “Do Not Track” signal from your browser.

 

  1. Other Information; Contact Us

 

No Spyware or Adware. We do not install any Spyware or Adware in connection with the Foundation Properties, or distribute any commercial message, or authorize any third party to distribute any commercial message, by means of Spyware or Adware. "Spyware" or "Adware" is any software which has been downloaded to or installed on an Internet user's computer or device, without the user's actual consent, and facilitates the distribution of any commercial message to the user. If you feel you may have Spyware from another company installed on your machine, there are various anti-Spyware/Adware software applications available on the Internet to identify if this has occurred.

 

Links. The Foundation Properties contain links to other websites and products produced by Foundation and to websites and products operated by unrelated Other Companies. In addition, if you click on an advertisement within the Foundation Properties, you may be directed to a web page within the Foundation Properties or to a third party website or product. We are not responsible for the privacy practices of third party websites or products, and we encourage you to read the privacy policies of every website and product that collects personally identifiable information from you. This Privacy Policy applies only to the Foundation Properties, unless you are notified otherwise upon accessing any third party website or product, in which case the terms and conditions set forth in such notification will apply.

 

Your Nevada Privacy Rights. If you are a resident of Nevada, in accordance with Nevada Revised Statutes Chapter 603A, you may request that we do not sell certain of your personally identifiable information (your "Covered Information" as defined in NRS Chapter 603A) by sending a request to ccpa@astros.com.

 

Special Rules for Children. Because of federal law, we are not permitted to knowingly collect any personal information from a child under the age of thirteen without the consent of that child's parent or guardian. The statements in this Privacy Policy about our collection and use of personal information also apply to our treatment of personal information from children under the age of thirteen. Some elements of the Foundation Properties (e.g., shop, ticketing, and auctions) require the submission of a payment card number along with personal information in connection with a purchase; other elements of the Foundation Properties require the submission of personal information to access or use the Foundation Properties. Except in certain cases where limited contact information may be collected and not retained, these elements of the Foundation Properties are not available to children under the age of thirteen. If a child who we know to be under the age of thirteen and for whom we have not received parental consent attempts to utilize a service on the Foundation Properties which is not available to children, he/she will not be able to access it and may receive a message which relays that he/she is not eligible for such feature. For children located in jurisdictions within the EU or EEA, where this Privacy Policy refers to consent, this will require the consent of a parent or legal guardian in relation to any person under the age specified by the law applicable to the location of the child in question.

 

Contact Us Regarding Privacy. If you have any questions or concerns about this Privacy Policy, you can contact us at:

 

Astros Golf Foundation

Attn: Privacy Policy Request

Address 1001 E Memorial Loop Dr., Houston, Texas 77007

Email: ccpa@astros.com

 

 

Last updated: July 1, 2024

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Privacy Policy
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