Privacy Policy
Thank you for your interest in participating in the activities offered on the website www.RateMySwingNow.com (the “Website”) owned, operated, licensed or controlled by Rate My Swing, LLC (collectively “RMS,” “Rate My Swing”, “we,” “our”, or “us”).
We respect our users’ (“users”, “you” or “your”) privacy. This privacy policy, effective August, 2010 applies to all users of the Website including members who both visit and/or have signed up for a personal account. This privacy policy shall also apply to information collected by us through websites we maintain for our customers to the extent such website is under our control. We want to share with you how information that we receive or collect from you is processed, disclosed and used. By using the Website, you acknowledge your consent to this Privacy Policy. If you do not agree with the terms, do not use the Website.
What information do we collect? When?
For the purposes of this Privacy Policy, “Personal Information” or “Personally Identifiable Information” shall mean any information that can identify or locate an individual, including, without limitation, an individuals’ first and last name, email address, telephone number, race, age, gender and date of birth and “Demographic Information” shall mean demographic information including, without limitation, income, disabilities, educational attainment, home ownership, employment status, hobbies, interests, product ownership and location.
Please be assured that we do not collect any Personal Information from you, unless you provide it to us voluntarily. We invite users to register and become members of our site to share their opinions about a variety of topics pertaining to the site’s content. We collect Personal Information during the registration process and may request to collect additional demographic information from; email marketing campaigns, newsletters, blog posts, advertising and direct mail.
We may automatically collect certain non-personal information about your use of the Website whenever you access the Website. We might collect, among other things, information concerning the type of Internet browser or computer operating system you are using, the domain name of your Internet service provider, your “click path” through the Website, and the third-party web sites or advertisements linked to or from the Website that you visited. To do this, we may use cookies, clear gifs, frames, server log analysis and other technology. When you use or visit the Website, our servers log your IP address. We shall collect IP addresses for the purposes of providing our services, including, without limitation, system administration, troubleshooting, user compliance with our terms of service, investigating security breaches, and compiling non-personal information such as how many visitors logged on to the Website.
Cookies
The Website may contain “cookies.” Cookies are bits of electronic information stored on a user’s hard drive to provide information needed by the user on a regular basis. They are often used to save website customizations and website login information. Clear gifs (also known as “web beacons”) assist in the delivery of cookies. Most internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions to learn more about how to manage cookies. However, please note that if you block cookies, some portions of the Website may not function properly. RMS uses cookies to provide a better experience for individuals participating in targeted activities on the site and limits the use of cookies for quality control and validation purposes. Cookies are used temporarily during the time individuals are actively filling out the registration forms and RMS does not store or retain information collected by a cookie. We do not and cannot use cookies to retrieve individual personally identifying information about you from your computer unless you knowingly and willingly provide such information.
How do we use and share the information that we collect?
All Personal Information and Demographic Information that we collect is stored and used to meet your requests and our legitimate business objectives in accordance with this Privacy Policy. Except as set forth in this Privacy Policy, we do not trade, share, rent, sell or give away information concerning you to third parties. As a general rule, RMS uses Personal Information for the purpose of contacting and communicating with individuals in connection with their membership and/or their participation of site activities, and uses Personal Information and Demographic Information to tailor and match marketing campaigns to individuals. We may also use the information we collect from you for the purpose of providing you with technical support, customer service, and account maintenance. We may also use information to learn what you like, tailor your experience accordingly, and to improve the Website.
RMS will only share data and/or information with its clients in an aggregated form or format, which does not permit the client to identify individual members. We sometimes may share non-personal information with third parties about our user base, but that information does not include any personally identifiable information.
We may disclose your Personal Information or otherwise use such information to communicate with you if required or permitted to do so by law or in the good-faith belief that such action is necessary to: (i) conform to legal requirements or comply with legal process or any governmental request; (ii) protect and defend the rights or property of RMS or its affiliated companies and clients; (iii) enforce the Website terms of service or any applicable agreements; or (iv) protect the personal safety or interests of RMS’s employees, other users of the Website, or members of the public in urgent circumstances. We may also disclose any of your personal information to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, or other suspected illegal activities, or as otherwise may be required by applicable law, or, as we deem necessary in our sole discretion, in order to protect the legitimate legal and business interests of RMS.
RMS may disclose or share Personal Information to authorized and approved agents, consultants, vendors and/or subcontractors of RMS and/or of RMS’s clients (individually a “Subcontractor” and collectively the “Subcontractors”) in connection with a Subcontractor’s performance of services for RMS and/or RMS’s clients. Prior to performing services, RMS requires Subcontractors to agree in writing to protect and maintain the security and integrity of the Personal Information disclosed by RMS and to use the Personal Information only in accordance with the specific purpose for which such Personal Information was disclosed by RMS.
Change of control
In the event that another company acquires all or substantially all of the assets related to the Website, or if we experience some other change of control event such as merger, insolvency, bankruptcy or receivership, we reserve the right to include any or all Personal Information among the assets transferred to the acquiring company. RMS will require the surviving entity in the case of a merger, or the acquiring entity in the case of an acquisition or sale, to agree in writing to protect and maintain the security and integrity of the transferred Personal Information in accordance with the applicable laws. We do not guarantee that any entity receiving such information in connection with any of these transactions will comply with all the terms of this policy.
Data security & integrity
RMS is committed to protecting the security and integrity of all Personal Information collected by, or disclosed to, RMS and takes appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of such Personal Information. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. We also restrict access to Personal Information to our employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. We take reasonable steps to ensure that the Personal Information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.
Accessing and updating personal information
We make good faith efforts to provide you with access to your Personal Information and to correct this data if it is inaccurate. Individuals may access their Personal Information in order to review, correct, or delete any Personal Information by accessing their individual membership account and following the instructions contained therein. We request individual users to identify themselves and the information requested to be accessed or corrected before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical, or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
Opting-out of the site
If a member desires to end his or her membership with RMS, such member may terminate his or her membership by (a) following the instructions set forth in their membership account, or (b) sending an email request to info@ratemyswingnow.com. Upon opting out of membership, RMS will deactivate the applicable membership account and the individual will not receive any further site related notifications. RMS will retain the Personal Information of a terminating member for an indefinite period of time; however, RMS will continue to protect such Personal Information in accordance with this Privacy Policy.
Compliance
RMS is a participant in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union. RMS adheres to the Safe Harbor Privacy Principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access and Enforcement (“Safe Harbor Principles”) with respect to Personal Information transferred the European Union to the United States.
Children’s privacy protection
RMS complies with the Children’s Online Privacy Protection Act and all other applicable laws and regulations concerning children and the Internet.
Children under the age of 13
Because the Website is not directed to children under the age of 13, we do not provide memberships to persons under age 13. If you are under the age of 13, please let your parent or guardian know about this Policy and get his or her permission before you give us any of your Personal Information or Demographic Information. Except as may be required by law, RMS will not knowingly collect, maintain, or disclose any personal information from children under the age of 13 without the parent’s express approval and consent.
Information for Parents/Guardians
If you are a parent or guardian who has discovered that your child has submitted his or her personal information without your permission or consent, RMS will take reasonable steps to remove that information from the its database at your request. To request removal of your child’s information, please send us an e-mail at info@usamp.com and be sure to include in your message the same user name, password, and e-mail address that your child submitted.
Third-party websites and advertisements
Third-party websites and advertisements with links to and from the Website may collect Personal Information about users. You should be aware that these third-party websites have their own information collection practices and privacy policies. If you click on a third-party advertisement or link, the privacy policies of the third-party web site that you link to will govern the collection and use of your information by that web site’s operator. This Privacy Policy does not extend to these third-party web sites and advertisements. Please refer directly to these third-party web sites regarding their privacy policies. We assume no responsibility or liability for the actions of such third parties with respect to their use of your information or otherwise. Accordingly, please make sure you are aware of and comfortable with the privacy policies of any third-party web sites to which you follow a link. Also, we do not control cookies in third-party advertisements, and users are encouraged to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. We also do not endorse the third party websites or any products or services advertised, offered and/or sold by, through or in connection with the third party websites.
ENFORCEMENT
RMS is committed to working with individuals to obtain a fair resolution to any complaints or disputes about privacy and Personal Information. RMS’s commitment to privacy is demonstrated and documented by our internal Privacy Compliance Officer, by our adherence to the applicable Laws and Codes, and by our compliance with the Safe Harbor Principles. Any complaints or concerns about this Privacy Policy should be sent via email to: info@ratemyswingnow.com
Changes to the policy
By agreeing to participate in RMS’s services or to become a Rate My Swing site member, you signify your acceptance of the terms and conditions of this Privacy Policy. RMS hereby reserves the right to make changes to this Privacy Policy, from time to time, and RMS will post such changes on the Website for you to review on a regular basis. Your continued participation in RMS services, or continued membership as a site member, after RMS revises this Privacy Policy constitutes your acceptance of this Privacy Policy, as amended.
