Last updated: September 12, 2023

This Privacy Policy explains how information about you is collected, used, and shared by Kuldisac LLC. (hereafter “Swag,” “our,” “we,” or “us”). This Privacy Policy applies to information we collect when you use our website, mobile applications, when you interact with us, and when you use other online services (collectively, the “Service”).

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy and, in some cases, we may provide you with more prominent notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy whenever you access the Service to stay informed about our information practices and the ways you can help protect your privacy.

Depending on your location, you may be subject to different protection standards and broader standards may therefore apply to some. In order to learn more about the protection criteria, please refer to the applicable section below.

Information We Collect and How We Collect It

Information You Provide to Us

We collect information that you provide directly to us when you sign up, create an account and use the Service including information you provide when:

• you register or update the details of your account,
• you provide as part of the KYC Verification (as defined in our Terms of Service),
• you post items for sale,
• you participate in the User Marketplace or Drops,
• you enroll in third-party payment processing services offered in connection with the Service,
• you communicate with other users, provide reviews or other comments,
• you request customer support, or otherwise communicate with us.

The types of information we may collect include:

• your name,
• email address,
• account password (encrypted),
• telephone number,
• postal address including city, state, and zip code,
• photographs of posted items,
• written descriptions of your posted items,
• purchase history with other users,
• payment information, including credit card number,
• reviews or comments you make on the Service,
• all messages with other users or with us sent through the Service or to Swag directly,
• government-issued identification documents (such as a driver's license) (for purposes of KYC Verification),
• any other information you choose to provide.

Information We Collect Automatically

When you access or use the Service, we automatically collect certain information about you, including:

• We log information about your use of the Service, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before navigating to our Service.
• We collect information about the computer or mobile device you use to access the Service, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
• If you consent to the collection of location information from your computer or mobile device, we may collect this information when you access the Service or when you otherwise consent to the collection of this information. We may also use your IP address to infer an approximate geographic location for your computer or device. For more details, please see the Cookies section below.
• We use various technologies to collect some of the information listed above, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that helps us to improve the Service and your experience, see which areas and features of the Service are popular and count visits. We may also collect information using web beacons (also known as “gifs,” “pixel tags” and “tracking pixels”). Web beacons are electronic images that may be used in the Service or emails and help deliver cookies, count visits, understand usage, advertising campaign effectiveness, and determine whether an email has been opened and acted upon.

Information from Third Parties

We may, from time to time, obtain information from other sources and combine that with information we collect through the Service in order to enhance our ability to serve you, prevent fraudulent transactions, tailor our content to you, deliver relevant advertising to you, offer you opportunities to purchase products or services that we believe may be of interest to you, and for any other purposes described in this Privacy Policy. 

Payment Information Collected by Payment Providers

Payment for items sold through the User Marketplace (as defined in the Terms of Service) must be made through one of our recommended third-party payment providers (“Payment Providers”). Although these Payment Providers are made available, Swag does not endorse, monitor or have any control over these Payment Providers or their activities. Any information or data you share with these Payment Providers will be subject to such Payment Providers’ separate privacy policies. We recommend you review these privacy policies prior to accessing or using the Payment Providers.

How We Use Your Information

We use information about you for various purposes, including to:

• Verify your login information to allow you to access and use the Service, to personalize the Service, and to optimize the location and type of offers presented to you when you use the Service;
• Connect you to other users on the Service via friends lists when authorized by you;
• Create and maintain a trusted and safer environment on the Service, including through detection and prevention of fraud, unauthorized access, intrusion, and service interruption;
• Conduct investigations and to respond to disputes between users, error resolution, and other similar customer support service;
• Enable any KYC Identification or other identification programs we may institute and in which you elect or are required to participate, such as verifying your identity and address, and conduct checks against various publicly available databases;
• Operate, protect, improve and optimize the Service, our business, and our users’ experience;
• Perform analytics, conduct research, and monitor and analyze trends, usage and activities in connection with the Service;
• Communicate with you about products, services, offers, promotions, rewards, and events offered by Swag and others;
• Send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
• Comply with our legal obligations or requests from law enforcement agencies, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties;
• Link or combine with information we get from others to help understand your needs and provide you with better service;
• Assist third-party payment processors with transaction processing, error, chargeback and disputed transaction resolution, and similar payment processing functions; and
• Carry out any other purpose for which the information was collected.

Transfers of Data

Your information, including personal data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside of the United States and choose to provide information to us, please note that we transfer the data, including personal data, to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to the processing and transfer of information in and to the United States and other countries, where you may not have the same rights and protections as you do under local law. 

Why We May Share Your Information and When

We may share the information we collect about you in the following situations:

• With the public when you post on the Service. 
• With vendors, consultants, and other service providers who need access to such information to carry out work on our behalf (including, without limitation, with third-party service providers that may use the information we share to help us and other companies detect inaccurate personal data and prevent fraudulent transactions).
• In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation, or legal process, or as otherwise required by any applicable law, rule, or regulation.
• If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property, and safety of Swag or others.
• With law enforcement or other governmental agencies if required to do so by law or in response to a valid request by public authorities.
• In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company.
• Between and among Swag, and its current and future parents, affiliates, subsidiaries, and other companies under common control and ownership.
• We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.

When You Choose to Share Outside of Swag

• The Service offers social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on the Service with other media, and vice versa. The use of such features enables you to share your information with your friends or the public, depending on your selected settings on those platforms. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide those features.

Security

Swag takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction.

Swag protects your privacy by limiting the amount of personally identifiable data we share with third parties. In most cases, we share data that is aggregated or anonymized. When we do need to share identifiable data with third parties, we take steps to ensure that they provide the same level of protection to your data as Swag provides under this Privacy Policy.

Cookies.

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Removing or rejecting browser cookies does not necessarily affect third-party flash cookies used in connection with the Service. To delete or disable flash cookies please visit www.adobe.com/products/flashplayer/security for more information. Please note that removing or rejecting certain cookies may affect the functionality of the Service.

Promotional Communications

You may opt out of receiving promotional emails, text messages, and other communications from Swag by following the instructions in those emails, text messages, or other communications or by making changes in your Swag account Settings menu.

How Long We Retain Your Data

We will retain your personal data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your personal data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our agreements and policies. Additionally, in the event you deactivate or pause your account, we may retain certain personal data solely for the purposes of reinstating your account in the event you return to the Services. This data can be deleted as described in the Your Rights and Choices section below.

Your Rights and Choices 

You may exercise certain rights regarding your data processed by Swag. If you are entitled to broader protection standards, you may exercise any of the rights described below. In all other cases, you may inquire with Swag to find out which rights apply to you.

In particular, you have the right to do the following:

• Withdraw your consent at any time. You have the right to withdraw consent where you have previously given your consent to the processing of their personal data.
• Object to processing of your data. You have the right to object to the processing of your data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
• Access your data. You have the right to learn if data is being processed by Swag, obtain disclosure regarding certain aspects of the processing and obtain a copy of the data undergoing processing.
• Verify and seek rectification. You have the right to verify the accuracy of your data and ask for it to be updated or corrected.
• Restrict the processing of your data. You have the right, under certain circumstances, to restrict the processing of your data. In this case, Swag will not process your data for any purpose other than storing it.
• Have your personal data deleted or otherwise removed. You have the right, under certain circumstances, to obtain the erasure of your data from Swag.
• Receive your data and have it transferred to another controller. You have the right to receive your data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the data is processed by automated means and that the processing is based on your consent, on a contract which you are part of or on pre-contractual obligations thereof.
• Lodge a complaint. You have the right to bring a claim before your competent data protection authority.

Details about the right to object to processing

Where personal data is processed for a public interest, in the exercise of an official authority vested in Swag or for the purposes of the legitimate interests pursued by Swag, you may object to such processing by providing a ground related to your particular situation to justify the objection. You must know that, however, should your personal data be processed for direct marketing purposes, you can object to that processing at any time without providing any justification. To learn whether Swag is processing personal data for direct marketing purposes, you may refer to the relevant sections of this document.

How to exercise these rights

Any requests to exercise your rights can be directed to Swag through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by Swag as early as possible and always within one month.

Applicability of broader protection standards

While most provisions of this document concern all users, some provisions expressly only apply if the processing of personal data is subject to broader protection standards.

Such broader protection standards apply when the processing:

• is performed by an entity based within the EU;
• concerns the personal data of users who are in the EU and is related to the offering of paid or unpaid goods or services, to such users;
• concerns the personal data of users who are in the EU and allows Swag to monitor such users’ behavior taking place in the EU.

DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)

If a user is a resident of or located within the European Economic Area (EEA), Switzerland or the UK, that user has certain additional data protection rights. These rights include:

• The right to access, update or delete the user’s data. Whenever made possible, a user can access, update or request deletion of the user’s data directly within the user’s account settings section. 
• The right of rectification. A user has the right to have the user’s data rectified if that data is inaccurate or incomplete.
• The right to object. A user has the right to object to Swag’s processing of the user’s data.
• The right of restriction. A user has the right to request that Swag restrict the processing of the user’s data.
• The right to data portability. A user has the right to be provided with a copy of the data Swag has on the user in a structured, machine-readable and commonly used format.
• The right to withdraw consent. A user also has the right to withdraw consent at any time where Swag relied on the user’s consent to process the user’s data.

To exercise any of the above rights, please contact Swag at store@swag.golf. In order to comply with such requests, Swag may require additional information from the user in order to confirm the user’s identity. Should a user wish to raise a concern about the use of the user’s data (and without prejudice to any other rights the user may have), the user has the right to do so with the user’s local supervisory authority; however, Swag hopes to assist with any queries or concerns users may have about Swag’s use of data first.

For more information, please contact the applicable local data protection authority.

Legal Basis for Processing Personal Data Under GDPR

Swag’s legal basis for collecting and using the data described in this privacy policy depends on the data collected and the specific context in which the data has been collected.

Swag may process data because:

• Swag needs to perform a contract with a user;
• A user has given Swag permission to do so;
• The processing is in Swag’s legitimate interests and it is not overridden by the user’s rights; or
• To comply with the law.

State Privacy Rights

Under some U.S. state laws, including the California Consumer Privacy Act of 2018 (CCPA) and the California Privacy Rights Act CPRA), residents may have the following rights:

• Right to Know: The right to request the personal data that Swag collects, uses or discloses and information about Swag’s data practices;
• Right to Request Deletion: The right to request that Swag delete the personal data Swag has collected about a user; 
• Right to Opt-Out of Data Sales: The right to restrict the sale to third parties of a user’s personal data that Swag has collected; 
• Right to Non-Discrimination: The right to not be discriminated against for exercising any of these rights;
• Right to Correct Information: The right to update or correct the personal data that Swag collects;
• Right to Limit Use or Disclosure of Sensitive Personal Information: The right to limit the use and disclosure of Sensitive Personal Information (as defined under the CPRA);
• Right to Access Information Related to Automated Decision Making: The right to inquire about Swag’s logic involved in automated decision-making applied to personal data Swag collects; and
• Right to Opt-Out of Automated Decision-Making Technology: The right to request a user’s removal from having automated decision-making applied to a user’s personal data that Swag collects.

To request further information pursuant to a user’s “right to know” or to request deletion of personal data pursuant to the user’s “right to request deletion”, please contact us at store@swag.golf.

Swag will acknowledge receipt of such a request within 10 business days, and provide a substantive response within 45 calendar days, or inform the user of the reason and extension period (up to 90 days) in writing.

Only a user or an authorized agent may make a request related to such user’s personal data. Note that to respond to a user’s requests to access or delete personal data as outlined in applicable state laws, Swag must verify the user’s identity. 

California’s Shine the Light Law

California Civil Code Section 1798.83 permits California residents to request and obtain a list of what data (if any) that Swag disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties.  Requests may be made only once a year and are free of charge. Under Section 1798.83, California residents are entitled to request and obtain such information, by emailing a request to store@swag.golf.

Questions and Comments.

If you'd like to provide feedback to us about this Privacy Policy, or if you have any questions, please contact us at store@swag.golf.