Xonic Privacy Policy

Last modified: January 10, 2023

Xonic Golf Inc. (“Xonic” or “We”) respects your privacy and is committed to protecting it by complying with this policy.

This policy describes the types of information we collect or that app users (“you”) may provide when you purchase or use Xonic iTQ, which is an app and caddie tool to give golfers of all skill levels instant, customized PGA professional quick fixes and tips.

This policy also describes our practices for collecting, using, maintaining, protecting, and disclosing that information.

We will only use your personal information in accordance with this policy unless otherwise required by applicable law.

This policy applies only to information we collect in Xonic iTQ or the Xonic website located at xonicgolf.com (the “Xonic Site”) (if any).

This policy does not apply to information that you may provide to or that is collected by any third party. These third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices for collecting, processing, and storing your information. If you do not agree with our policies and practices, do not download, register with, or use Xonic iTQ.

By downloading, registering with, or using Xonic iTQ or the Xonic Site, you indicate that you understand, accept, and consent to the practices described in this privacy policy. This policy may change from time to time. Your continued use of Xonic iTQ after we make changes indicates that you accept and consent to those changes, so please check the policy periodically for updates. We will notify you in advance of any material changes to this policy and obtain your consent to any new ways that we collect, use, and disclose your personal information.

Information We Collect

The types of information that we collect include personal information that we can reasonably use to directly or indirectly identify you, such as your email address, internet protocol (IP) address, user name or other similar identifier, as well as information that will be useful for Xonic iTQ to provide its golf fixes and tips to you, such as recorded golf swings and related audio that you upload and deliver to Xonic iTQ (“Golf Swing Videos”) in addition to information about what language you prefer, whether you play golf right or left handed, male or female, your usual score when you play golf, how frequently you play golf, and what region you are located in (collectively your “personal information”).

From time to time we may also collect certain information through automated technologies or interactions, when you use Xonic iTQ, for example, usage details, IP addresses, and information collected through cookies, web beacons and other tracking technologies.
The Xonic iTQ app does not collect cookies. However, our Xonic Site might from time to time collect cookies. If our Site collects cookies it will only be so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. You can set your browser not to accept cookies. However, in a few cases, some of our Site features may not function as a result.

We provide an opportunity for any user to unsubscribe or opt-out of contact for marketing purposes on an ongoing basis using the unsubscribe mechanism at the bottom of our emails.

When you use Xonic iTQ or its content, certain third parties collect information about you or your device. These third parties may include your mobile device manufacturer and your mobile service provider.

These third parties may use cookies alone or in conjunction with other tracking technologies to collect information about you when you use Xonic iTQ. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services. They may use this information to provide you with behavioural advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they use them. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information (i) to provide you with Xonic iTQ; (ii) to provide you with information, products or services that you request from us; (iii) to fulfill the purposes for which you provided it or that were described when it was collected or any other purpose for which you provide it; (iv) to provide notices about your account or subscription, including expiration and renewal notices; (v) to carry out our obligations and enforce our rights in any contracts with you, including for billing and collection or to comply with legal requirements; (vi) to notify you when Xonic iTQ updates are available, and of changes to any products or services we offer or provide through it; (vii) for marketing purposes; or (viii) for any other purpose with your consent.

Pursuant to the terms of your end user license agreement with Xonic (the Terms of Use and License), you will have granted to Xonic a perpetual and irrevocable license to store and process your Golf Swing Videos. The collective Golf Swing Videos stored and processed by Xonic are a fundamental component of Xonic’s artificial intelligence (AI) algorithms that permit Xonic iTQ to provide its golf swing fixes and tips.

Usage information that we collect helps us to improve our Xonic iTQ and to deliver a better and more personalized experience.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy: (i) according to applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Xonic’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Xonic about our customers and users is among the assets transferred; (ii) to contractors, service providers, and other third parties we use to support our business (we contractually require these third parties to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process personal information following the same standards set out in this policy; (iii) to fulfill the purpose for which you provide it; (iv) for any other purpose we disclose when you provide the information; (v) with your consent; (vi) to comply with any court order, law, or legal process, including to respond to any government or regulatory request, according to applicable law; and (vii) to enforce our rights arising from any contracts between you and us.

We may process, store, and transfer your personal information in and to other countries with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information. Whenever we engage a service provider, we require that its privacy and security standards comply with this policy and applicable Canadian laws.

Data Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or you have chosen) a password for access to certain parts of Xonic iTQ, you are responsible for keeping it confidential.

Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Xonic iTQ app. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any Xonic iTQ privacy settings or security measures.

Data Retention

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Should you terminate or otherwise cancel your Xonic iTQ subscription, subject to your rights to withdraw your consent to the collection and use of your personal information as set out below, Xonic will nevertheless retain (but not share or disclose) such personal information so that it is available should you reactivate your subscription.

Under some circumstances we may anonymize or aggregate your personal information so that it can no longer be associated with you. By way of example, should you withdraw the consent that you have given to Xonic to use your personal information, Xonic must retain a copy of your Golf Swing Video that you licensed to Xonic as a part of our AI engine, but such videos will be retained in an anonymized form.

We reserve the right to use anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

Children Under the Age of 13

XONIC ITQ IS NOT INTENDED FOR CHILDREN UNDER 13 YEARS OF AGE. NO ONE UNDER AGE 13 MAY PROVIDE ANY PERSONAL INFORMATION TO XONIC OR ON XONIC ITQ. WE DO NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER 13. IF YOU ARE UNDER 13, DO NOT PROVIDE ANY INFORMATION ON XONIC ITQ OR ON OR THROUGH ANY OF ITS FEATURES.

Accessing and Correcting Your Personal Information

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.

If you want to review, verify, correct, or withdraw consent to the use of your personal information you may also send us an email at privacy@xonicgolf.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes.

Withdrawing Your Consent

Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at privacy@xonicgolf.com. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service.

We may update our privacy policy from time to time. It is our policy to post any changes we make to our privacy policy on this page with a notice that we have updated the privacy policy. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on the Site.

We include the date the privacy policy was last revised at the top of the privacy policy.

Contact Information and Challenging Compliance

We welcome your questions, comments, and requests regarding this privacy policy and our privacy practices. Please contact us at:

privacy@xonicgolf.com

We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information and our compliance with this policy and with applicable privacy laws. To discuss our compliance with this policy please contact our Privacy Officer using the contact information listed above.