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Privacy Policy

Last updated: May, 8 2020

This Privacy Policy describes MindTRAK Golf Inc.’s (“MindTRAK”) and its affiliates’ policies for collecting, using, and disclosing your information. You can view MindTRAK’s service offerings, including but not limited to our mobile app designed to help golfers improve their golf game by honing their mental fitness on the golf course (the “Service”), through our website www.mindtrakgolf.com (the “Website”), by email, on the iOS App Stores, and through third parties. This Privacy Policy governs your access to the MindTRAK Service, regardless of how you access it, and by using our Services you consent to the collection, transfer, processing, storage, disclosure and other uses of user data, materials, content, and information (“Information”) described in this Privacy Policy.

Herein, “MindTRAK” designates the MindTRAK mobile phone application (the “App”) as well as its website, www.mindtrakgolf.com, and the information systems that supports them.

Our Privacy Policy explains what Information we collect through the Website and App, why we collect it, and how we use that Information. It is our policy to respect the privacy of our Clients regarding any Information that we may collect while using our Service.

  1. Terms of the Policy
  • It is MindTRAK’s policy to comply with the privacy legislation within our jurisdiction. This Privacy Policy covers all activities subject to the provisions of Canada’s federal and British Columbia’s provincial privacy laws, and other jurisdictions not otherwise specifically addressed by this Policy. The MindTRAK App is available internationally, and we ensure compliance with all applicable privacy legislation in your jurisdiction. MindTRAK provides its services primarily to Canadian, US, and European markets, and ensures its compliance with all international privacy legislation, including but not limited to, the secure storage of user data, disclosing the collection and use of its user data, and only using its users’ data for purposes associated with or ancillary to MindTRAK’s Services.
  • The rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions. You may contact our Privacy Officer for more information on this Policy at privacy@mindtrakgolf.com.
  • MindTRAK does not knowingly collect personally identifiable information from any person under the age of 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we may remove their personal information.
  • In order to help MindTRAK maintain and ensure that your personal information is accurate and up to date, you must inform us, without delay, of any change in the information you provided to MindTRAK.
  1. Personal Information
  • The personal information MindTRAK collects includes:
    • your first and last name;
    • physical address;
    • phone number;
    • email address;
    • Gender;
    • Your Age;
    • How long have you played golf;
    • Your handicap;
    • How many rounds of golf you play per week;
    • How many hours a week you practice hitting balls;
    • How many hours a week you practice chipping;
    • How many hours a week you practice your putting;
    • Have you taken golf lessons and how many;
    • Do you have a golf coach;
    • Do you have a mental coach;
    • Your level of education;
    • How much you estimate you spend annually on golf;
    • Your net worth;
    • Is golf part of your vacation plans;
    • What brand of golf balls you use;
    • How often you buy a new set of golf clubs;
    • How often you buy a driver;
    • How often you buy a putter
    • any other information required in accordance with applicable

(the “Data”)

  • MindTRAK does not collect personal health or medical information. Do not provide your personal health or medical information to MindTRAK. The MindTRAK App and all MindTRAK services are intended only as a golf aid and teaching tool. We are not a substitute or supplement for any health care or mental health service. Personal health information includes but is not limited to social security number, medical records, patient reports, medical test results, and any other information which would reasonably be identified as health-related in nature.
  • Upon downloading the App, you will be prompted to create a user account (an “Account”). In order to create an Account, you will need to provide certain information including your name, the clubs in your golf bag, golf courses you play, gender, date of birth, age, and skill level. MindTRAK may collect financial information from you as required to process payments in connection with our Services.
  • Once your Account is created, your Data may be used for purposes including but not limited to:
    • Provide the Services through the App or Website;
    • Track your progress and results through the App or Website;
    • Administer, bill, and collect funds in relation to your use of the App or Website;
    • Protect against fraud or error;
    • Communicate with you to fulfill orders and ensure satisfaction;
    • Fulfill the terms of a warranty or agreement;
    • Facilitate a refund or reimbursement;
  • To help us monitor and improve the Website or App quality, we may collect your computer or mobile phone’s Internet Protocol (IP) address, browser type, the web page visited before you came to our websites, information you search for on the Website, locale preferences, transactions date and time, operating system information, as well as metadata concerning your Data such as software of origin and typology.
  • MindTRAK will always seek your consent before or at the time that we collect personal information. MindTRAK may collect information about you from a third party if you have consented to that third party to release your information, for example, for payment or credit card processing. MindTRAK may also utilize the services of third parties and may receive personal information collected by those third parties in the course of the performance of the Services. MindTRAK requires all third parties to provide confirmation that they are authorized to release your
  • MindTRAK is the sole and exclusive owner of the Data and will not sell, share, lease, or otherwise distribute or disclose the Data in any way other than as disclosed by this Policy. Data may be collected through the App or through multiple pages on the Website.
  1. Cookies
  • To ensure that our site is optimized for ease of use, we or our service provider(s) may use Cookies to collect standard information about your language preferences, when you visit the Site, your browser type and version, and other similar information. You can reset your browser to notify you when it has received a Cookie or refuse to accept Cookies. However, if you refuse to accept Cookies, you may limit your viewing and/or not be able to access all features on the
  • MindTRAK or its hosting providers may collect traffic information and information about your visit in a log file on a server. Log file information may include, but is not limited to, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We or our hosting provider use this information to analyze trends, administer sites, track aggregations of users’ movements, and gather demographic information for aggregate use. IP addresses and other log file information are not connected to personally identifiable information.
  1. Authorized Disclosure and Use
  • MindTRAK discloses personally-identifying information (“Personal Information”) only to its employees, contractors and affiliated organizations and third parties that need to know that Personal Information to process it on MindTRAK’s behalf or to provide the Services, and that have agreed not to disclose it to Some of those employees, contractors and affiliated organizations and third parties may be located outside of Canada and/or outside your jurisdiction. By using MindTRAK’s Services, you consent to the disclosure of such information to them.
  • MindTRAK may also use your Personal Information, specifically your contact information, including but not limited to your name and email address, with your consent for the following purposes:
  • to send you the MindTRAK newsletter;
  • to inform you of MindTRAK contests or surveys and provide associated notices and updates;
  • to inform you of special offers from MindTRAK and its partners and select third parties and to provide associated notices and updates;
  • to inform you of updates to the Website, App, and Services;
  • Your personal information may also be used and disclosed:
  • to comply with valid legal proceedings;
  • to respond to a complaint or dispute;
  • during an emergency situation where health or safety is at risk;
  • to protect the rights of MindTRAK;
  • to prevent fraud or abuse of MindTRAK or its Clients;
  • to protect the safety of any individual from injury or death;
  • as required by our professional advisors;
  • where the personal information is publicly available; or
  • with your consent.

In such event, only the minimum amount of personal information required to fulfill the contemplated purpose will be disclosed.

  • Collected Information and Cookies may be used in aggregate form to assess how our Clients use our website, so that our partners may also understand how often people use our
  • Unless specifically requested in writing, your corporation name may be cited in our Clients list. When you contact MindTRAK to obtain support, we may keep a record of your communication to help solve any issues you might be facing and reserve the right to publish it without any way to identify its origin, to help us support other Clients.
  • If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your Data and Information may be transferred as part of that We will notify you via email and a notice on our websites of any change in control or use of your Data or Information. We will also notify you of choices you may have regarding the Data and Information.
  • We may share aggregated, non-personally identifiable information publicly and with our partners, such as publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our We may also share or resell anonymized, aggregate data collected through the App to third parties. MindTRAK will never disclose data which may personally identify you without your prior written consent.
  • You may change or withdraw your consent, or update your Personal Information or Data at any time, subject to legal or contractual obligations and reasonable notice by contacting our Privacy Officer in writing to privacy@mindtrakgolf.com. MindTRAK may terminate any services to you immediately if you withdraw your consent to the collection of Personal Information. MindTRAK may require that you provide to us sufficient information to identify yourself before we comply with any request regarding Personal Information or Data stored by MindTRAK. MindTRAK will use all reasonable efforts to respond to user requests in a timely manner.
  1. Retention of Data and Information
  • MindTRAK will retain your information for as long as needed to provide you the We use industry-standard encryption and security standards to protect your information. Once your account is closed, your Data will be deleted automatically within 30 days. If you wish to cancel your account, you may request the account cancellation by contacting us at myaccount@mindtrakgolf.com.
  • MindTRAK may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will endeavour to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion.
  • MindTRAK will make every reasonable effort to respond to a written request relating to your Data within 30 days after receipt of such request.
  1. European Union Privacy Policy
  • This European Union Privacy Policy (the “EU Policy”) shall apply in addition to the Privacy Policy to all citizens of European Union Member States and, for such citizens, this EU Policy shall govern.
  • All personal data transferred from EU citizens to non-EU countries will be done in compliance with the European Union privacy principle standards.
  • If a specific purpose is stated on the App or Website for the collection of information from you, the information collected will only be stored and used for that stated purpose. Your information will not be used for any other purpose which is not stated explicitly on the Website or App.
  • You may choose at any time to withdraw your consent for the use of your information. MindTRAK may use your information without consent only as necessary for legal claims or defenses, as needed for a medical purpose, as necessitated by a health or safety concern, or as required by law.
  • Where MindTRAK desires to transfer your personal information to a third party that is acting as our agent we may do so if we first either ascertain that the third party subscribes to the European Union’s privacy legislation or is subject to a written agreement with such third party requiring that the third party provide at least the same level of privacy protection as is required by the relevant principles. You may not hold us responsible if a third party to which we transfer such information processes it in a way contrary to any restrictions or representations, unless MindTRAK knew or should have known that the third party would process it in such a contrary way and we have not taken reasonable steps to prevent or stop such processing.
  • MindTRAK will not process personal information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by you. We generally assume that information that you give to us is accurate. If information you give to us is inconsistent with other information you give to us or with information that is available in public records or from other sources that MindTRAK is permitted by law or agreement to use, MindTRAK will use reasonable efforts to make sure that the information we process is accurate.
  • MindTRAK may refuse to provide access to information to the extent that disclosure is likely to interfere with the safeguarding of important countervailing public interests, such as national security; defense; or public security. Other reasons for denying or limiting access are:
    • Interference with execution or enforcement of the law, including the prevention, investigation or detection of offenses or the right to a fair trial;
    • Interference with private causes of action, including the prevention, investigation, or detection of legal claims or the right to a fair trial;
    • Disclosure of personal information pertaining to other individual(s) where such references cannot be redacted;
    • Breaching a legal or other professional privilege or obligation;
    • Breaching the necessary confidentiality of future or ongoing negotiations, such as those involving the acquisition of publicly quoted companies;
    • Prejudicing employee security investigations or grievance proceedings;
    • Prejudicing the confidentiality that may be necessary for limited periods in connection with employee succession planning and corporate reorganizations;
    • Prejudicing the confidentiality that may be necessary in connection with monitoring, inspection or regulatory functions connected with sound economic or financial management; or
    • Other circumstances in which the burden or cost of providing access would be disproportionate or the legitimate rights or interests of others would be violated.
  1. Third Party Applications
  • Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be linked from our Services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags and other technologies to serve and offer relevant
  • We may share your information with a third party application with your consent, for example for payment processing. We accept no responsibility or liability in respect of any third party. Please refer to the privacy policies published on any third party sites which you may access through our site before submitting personal information to them.
  1. Enforcement

We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities to resolve any complaints regarding the transfer of Data and Information that we cannot resolve with our Clients directly.

  1. Security

The security of your Data and Information is important to us. We follow the generally accepted standards held within our industry to protect the information submitted to us, both during transmission and once we receive it. We store our data on internal, external, and encrypted online servers, protected with firewalls, malware protection, and multiple backup points. However, no method of electronic transmission or storage is 100% secure. Therefore, we cannot and do not guarantee absolute security. Unless specific contractual arrangements are made with you, MindTRAK may process your Data on a server located outside your jurisdiction.

  1. Privacy Officer

The Privacy Officer for MindTRAK is Mr. Paul Winckers. Should you have any questions about this policy, including any complaints, you may contact our Privacy Officer at privacy@mindtrakgolf.com or by written notice delivered to Unit 13—880 Christina Place, Kelowna, BC, Canada, V1V 1S2.

  1. Costs

MindTRAK reserves the right to charge a reasonable amount to respond to requests to produce transcripts, copies, or transfers of its Data. You will be notified prior to being assessed a charge for such services.

  1. Changes to This Privacy Policy

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit approval. We will post any privacy policy changes on our websites and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). We will also keep archived versions of this Privacy Policy for your review. By using the Website or App you acknowledge and agree to this procedure.

  1. Governing Law

This Privacy Policy is governed by the laws of the Province of British Columbia and applicable laws of Canada and these laws apply to the use of the Services by you, notwithstanding your domicile, residency or physical location. The Services are intended for use only in jurisdictions where it may lawfully be offered for use.

  1. Enforceability

If any term of this Privacy Policy is deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from this Privacy Policy and the remaining terms will continue to apply.

  1. No Waiver

Failure of MindTRAK to enforce any of the provisions set out in this Privacy Policy or failure to exercise any option to terminate shall not be construed as a waiver of such provisions and shall not affect the validity of this Privacy Policy or any part thereof, or the right thereafter to enforce each and every provision.

  1. Agreement to Terms of Policy

By using the Website and/or providing information to us, you accept and agree to the collection and use of your personal information for the purposes described hereinabove.

  1. Arbitration

In the event of any dispute relating to or arising out of your use of the Privacy Policy, such dispute shall be settled and determined by a single arbitrator in accordance with the Arbitration Act of British Columbia. If you and MindTRAK are unable to agree on an arbitrator within fifteen (15) days after MindTRAK is made aware of the dispute, then the parties shall submit the matter to the ADR Institute of British Columbia (or is successor), which shall choose the arbitrator. The decision of the arbitrator shall be final and binding without appeal on questions for law or fact or for any reason whatsoever.  Costs of the arbitration shall be shared equally between you and MindTRAK. In the event arbitration is not allowed by law, any other action must be brought only in the courts of British Columbia, Canada.

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