UDisc Privacy Notice

Welcome to UDisc’s Privacy Notice. UDisc respects your privacy and is committed to protecting your personal data.

Date Last Modified: February 14, 2023

UDisc services, including (without limitation) our websites, mobile application, and other interactive properties through which the services are delivered (collectively, the “Service”) are owned, operated and distributed by UDisc LLC (referred to in this Privacy Notice as “UDisc” or “we” and through similar words such as “us,” “our,” etc.). This Privacy Notice outlines the personal information that UDisc may collect, how UDisc uses and safeguards that information, and with whom we may share it.

UDisc encourages customers, visitors, business associates, and other interested parties to read this Privacy Notice, which applies to all users. By using our Service or submitting personal information to UDisc by any other means, you acknowledge that you understand and agree to be bound by this Privacy Notice, and agree that UDisc may collect, process, transfer, use, and disclose your personal information as described in this Notice. Further, by accessing any part of the Service, you are agreeing to THE TERMS OF OUR TERMS AND CONDITIONS (the “Terms and Conditions”). IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY NOTICE OR OUR TERMS AND CONDITIONS, PLEASE DO NOT USE ANY OF THE SERVICES.

What personal information do we collect about you?

Personal information (also commonly known as personally identifiable information (PII) or personal data) is information that can be used to identify you, or any other individual to whom the information may relate.

The personal information that we collect directly from those registering for the Service includes the following categories:

• Name and contact information (e.g. address; phone number; email);
• Account information (e.g. username, profile picture, birthday, gender);
• Course and play history (e.g. courses played, dates of play, measure of throw, score on courses, training data, disc model or other identifier);
• Billing Information, collected through third-party processors (e.g. credit card, bank account, billing contact information);
• Order Information (e.g. current order/purchase information, purchase history, shipping details);
• Geographic or location information (e.g. courses in your area, current course progress, throw measurements, etc.);
• Information contained in posts you make on the public forums and interactive features of the Service;
• Information in the “Cookies, Device Data, and How it is Used” Section below, the degree to which such information is defined as personal information under the laws of a particular jurisdiction;
• Other information that may be exchanged in the course of engaging with the Service. You will be aware of any subsequently collected information because it will come directly from you.

Not all information included here is required to use the Service and you will be informed when disclosure of certain data is voluntary. For instance, gender is not a required disclosure to use the Service but you may provide your gender if you would like to be included in gender-based tournaments or leagues. Please note that certain information you provide may be publicly visible to other players. For example, if another player searches your username, they may be able to see the profile picture associated with your account.

Some personal information included here is considered “Sensitive Personal Data” under certain data privacy regulations. Where required by law, your explicit consent to collection, processing, or transferring of such Sensitive Personal Data will be obtained. Appropriate security and protection measures will be deployed that will be congruent with the nature and risks associated with the data and processing activities.

In addition, certain information collected here (including course and play history) as well as “User Generated Content” may be anonymized and retained by UDisc as described in the section “How long does UDisc retain your personal information?”

Collection of User Generated Content

UDisc invites you to post content on the Service, including your mapping of courses, your ratings and reviews of courses, photos, comments on blogs or other public forums, reviews of merchandise or other purchases, reviews of the Service and App, and any other information that you would like to be available on the Service, which may become public (“User Generated Content”).

If you post User Generated Content, all of the information that you post will be available to authorized personnel of UDisc and may be made available to the public at our discretion. You expressly acknowledge and agree that we may access in real-time, record, and store archives of any User Generated Content on our servers to make use of them in connection with the Service. If you submit a review, recommendation, endorsement, or other User Generated Content through the Service, or through other websites including Facebook, Instagram, Google, app stores, and other similar channels, we may share that review, recommendation, endorsement, or content publicly on the Service.

UDisc often relies on the User Generated Content you provide to grow its collection of course information from all over the world. Through the App, you may add new courses so UDisc can inform other players. To add new courses, you may allow UDisc to use and collect your geolocation data. While you are the only one able to see your geolocation data through your account, the App functions by using your geolocation to recommend to you local courses, to measure your throw, or to map the entire course. You may adjust this collection of geolocation data, however the App may function differently if you do. Please note that the Service allows you to share your scorecard with another player, allowing that player to see your general location. This location data is not considered exact geolocation data.

What are the sources of personal information collected by UDisc?

When providing personal information to UDisc as described in this Notice, that personal information is primarily collected directly from you, and you will know the precise personal information being collected by us. UDisc does not typically collect personal information from any other sources, except where it may automatically be collected as described in the section titled “Cookies, Device Data, and How it is Used,” if the information in that section is considered personal information.

Additionally, UDisc may receive information from disc golf associations that you are involved with, such as the Professional Disc Golf Association or the Finnish Disc Golf Association. However, unless you disclose your affiliation with these associations, UDisc will not receive information from these sources.

In certain limited circumstances, third-party service providers may collect information on behalf of UDisc, though such collection will always be within the context of the Service. UDisc may also automatically collect certain information as described in the section titled “Cookies, Device Data, and How it is Used,” the degree to which the information in that section is considered personal information. In particular, we may collect personal and non-personal information through the following additional channels:

• Our own cookies on our website;
• 3rd party cookies on our website;
• Social media networks;
• 3rd party software applications.

How does UDisc use personal information?

Subject to the terms of this Privacy Notice, UDisc uses the above described categories of personal information in several ways. Unless otherwise stated specifically, the above information may be used for any of the following purposes:

• to administer the Service to you, including showing you course location, progress, history, and score;
• to respond to your requests;
• to distribute communications relevant to your use of the Service, such as system updates or information about your use of the Service;
• as may be necessary to support the operation of the Service, such as for billing, account maintenance, and record-keeping purposes;
• to send to you UDisc solicitations, product announcements, and the like that we feel may be of interest to you (you may “opt out” of receiving these marketing materials);
• to notify you about changes to this Privacy Notice;
• to allow you to participate in surveys or provide testimonials;
• to improve the Service and your experience with the Service; and
• to carry out UDisc’s obligations and enforce rights arising from any contracts between you and UDisc.

UDisc does not sell, re-sell, or distribute for re-sale your personal information.

How does UDisc share your Personal Information with others or third parties?

There are certain instances in which UDisc shares your information, however, sensitive information is never shared without your explicit consent. For example, your name or username may appear on a league leaderboard, or a public leaderboard. You may opt-out of such sharing at any time.

Other than as described herein, UDisc does not share your Personal Information with other players or third-parties. You may be able to share your scorecard with other players using Bluetooth capabilities or basic search functions within the App. Scorecards and your course locations are not shared unless you manually share such data with others.

Additionally, we may provide any of the described categories of personal information to UDisc employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on our behalf in order to provide the Service to you. In such circumstances, we require that these parties agree to protect the confidentiality of such information consistent with the terms of this Privacy Notice. Third parties receiving personal information may include:

• Third-party vendors or service providers providing crucial services and necessary to provide the Service;
• Business partners, contractors, channel partners, or other affiliated entities;
• Government agencies or other parties in response to legal process or other requests, where permitted by law.

We will not share your personal information with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out.

In addition, we may release personal information: (i) to the extent we have a good-faith belief that such action is necessary to comply with any applicable law; (ii) to enforce any provision of the Terms of Service, protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user, or protect the public welfare; (iii) when disclosure is required to maintain the security and integrity of the Service, or to protect any user’s security or the security of other persons, consistent with applicable laws; (iv) to respond to a court order, subpoena, search warrant, or other legal process, to the extent permitted and as restricted by law; or (v) in the event that we go through a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of our assets.

How does UDisc use direct marketing communications?

We may communicate with you using email, SMS, push notifications, or calling machines as part of our effort to market our products or services, administer or improve our products or services, or for other reasons stated in this Privacy Notice. You have an opportunity to withdraw consent to receive such direct marketing communications, as permitted by law.

If you no longer wish to receive marketing correspondence, emails, or other communications from us, you may opt-out by submitting a request here, or by one of the following means:

• Using the UNSUBSCRIBE link in any email communication you may have received;
• Logging into your account settings and updating your preferences;
• If SMS, responding “UNSUBSCRIBE” or “STOP”;
• Contacting us using the contact information provided below.

Please note that you will not be able to opt-out of all communication from UDisc. In particular, where we must share transactional or other critical, non-marketing communication with you, you may not have the option to opt-out.

We may use third party marketing providers to market or promote our products and services. If you no longer wish to receive emails, SMSs, or other communications from such third parties, you are responsible for contacting the third party directly.

How long does UDisc retain your personal information?

UDisc will retain your personal information only for as long as is necessary for the purposes set out in this Notice. We will retain and use personal information 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 legal agreements and policies. To determine the appropriate retention period for your personal information, we will consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

UDisc will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Sites and/or Portals, or we are legally obligated to retain this data for longer periods.

UDisc may aggregate and de-identify your personal information in order to make it available via the service to other users of the Service, including, but not limited to, information about courses played, scores, and certain User Generated content. For example, UDisc offers aggregated statistics and course information as a part of its Services, and, while you may enter that information initially as a part of your profile, UDisc uses such anonymized data to provide useful information to you and other users about available courses and play behavior. Such anonymized data is not limited by these retention periods as it is no longer considered personal information. Anonymized or aggregated data is not identifiable and cannot be connected back to you. UDisc may use anonymized data for certain internal processes such as to improve the Service.

Cookies, Device Data, and How it is Used

When you use our Service, we may record unique identifiers associated with your device (such as the device ID and IP address), your activity within the Service, and your network location. UDisc uses aggregated information (such as anonymous user usage information, cookies, IP addresses, browser type, clickstream information, etc.) to improve the quality and design of the Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Specifically, we may automatically collect the following information about your use of Service through cookies, web beacons, and other technologies:

• Domain name
• Browser type and operating system
• Web pages you view
• Links you click
• IP address
• The length of time you visit the Sites, Portals, and/or Services
• The referring URL or the webpage that led you to the Sites

We may also collect information regarding application-level events, such as crashes, and associate that temporarily with your account to provide customer service. In some circumstances, we may combine this information with personal information collected from you (and third-party service providers may do so on behalf of us).

In addition, we may use "cookies," clear gifs, and log file information that help us determine the type of content and pages to which you link, the length of time you spend at any particular area of the Service, and the portion of the Service you choose to use. A cookie is a small text file that is sent by a website to your computer or mobile device where it is stored by your web browser. A cookie contains limited information, usually a unique identifier and the name of the site. Your browser has options to accept, reject or provide you with notice when a cookie is sent. Our cookies do not execute any code or virus; and they do not contain any personal information. Cookies allow UDisc to serve you better and more efficiently, and to personalize your experience with the Service. We may use cookies for many purposes, including (without limitation) to save your password so you don’t have to re-enter it each time you visit the Service, and to deliver content (which may include third party advertisements) specific to your interests.

We may use third party service providers to help us analyze certain online activities. For example, these service providers may help us measure the performance of our online campaigns or analyze visitor activity on the Service. We may permit these service providers to use cookies and other technologies to perform these services for UDisc. We do not share any personal information about our customers with these third-party service providers, and these service providers do not collect such information on our behalf. Our third-party service providers are required to comply fully with this Privacy Notice. As such, third-party service providers are obligated to act only upon instruction from UDisc and will not process any data without our approval. All instructions given to these third-party service providers are in compliance with this Privacy Notice.

Please note, UDisc does not deploy Google Analytics, but instead makes use of an alternative service designed to protect users' privacy (https://usefathom.com/).

International Data Transfer

If you are located outside the United States, in particular if you are located in Canada, Brazil, the European Union (“EU”), the European Economic Area (“EEA”), New Zealand, the Republic of South Africa, Switzerland, the United Kingdom, or other countries with similar data privacy laws, please note that we and our servers are located in the United States. Any information that you provide to us may be transferred to and processed in the United States or other countries around the world where we do business. Although this may include recipients of information located in countries where there may be a lower level of legal protection for your personal information than in your country, we will make efforts to protect your information in accordance with requirements applicable to the law in your particular jurisdiction and take steps to only share with third parties that offer similar protection. By using our Service, you unambiguously consent to your information being collected, processed, used, and transferred as disclosed herein.

Data Privacy Rights (European Union and Similar Jurisdictions)

If you are located in the EU or a jurisdiction with a similar law, the GDPR or its local equivalent may grant you certain rights under the law. In particular, the right to access, correct, and delete the personal information we hold about you. UDisc will retain your personal information for the length of time you engage with our services as described in the retention section of this Notice, until you request deletion of such personal information. UDisc is considered the Data Controller (or equivalent distinction) with regard to your personal information. You can find our contact information as described herein or in other portions of the Service.

In certain circumstances, you have the following data protection rights:

• The right to access, update, or delete the personal information we have on you.
• The right of rectification. You have the right to have your personal information rectified if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your personal information.
• The right of restriction. You have the right to request that we restrict the processing of your personal information.
• The right to data portability. You have the right to be provided with a copy of the personal information we have on you in a structured, machine-readable and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.

In order to make a request regarding your personal information, please contact UDisc as described herein.

If you have a comment, question, or complaint about how we are handling your personal information, we hope that you contact us in order to allow us to resolve the matter. In addition, if you are located in the EEA, you may submit a complaint regarding the processing of your personal information to a regulatory authority. The following links may assist you in finding the appropriate regulator:

Legal Basis for Processing under GDPR

If you are located in the EEA or a jurisdiction that requires a similar legal basis for processing, our legal basis for collecting and using the personal information described in this Notice depends on the personal information we collect and the specific context in which we collect it.

We may process personal information because:

• We need to perform a contract with you;
• You have given us consent to do so;
• The processing is in our legitimate interest to offer the Service, when that legitimate interest is not overridden by your rights;
• To comply with the law.

Where personal information is processed based on consent, you may have the right to withdraw such consent at any time. To do so, please contact us as described in this Notice. If there is a different legal basis that would permit us to continue processing your personal information after withdrawing consent, we will notify you of that legal basis at the time of your request.

State Privacy Rights

If you are a resident of certain jurisdictions in the United States, such as California, Colorado, or Virginia, your state’s privacy protections may extend to your use of the Service. Throughout this Privacy Notice you will find information required by such state laws regarding the categories of personal information collected from you, the purposes for which we use personal information, and the categories of third parties your data may be shared with. This information is current as of the date of the Notice and is applicable in the 12 months preceding the effective date of the Notice.

UDisc is committed to supporting your rights with regard to your personal information as well as fulfilling UDisc’s commitment to any partners or businesses based in states that offer its residents privacy protections.

Your state law may provide you with certain rights with regard to your personal information. These rights may include the following:

• Right to know;
• Right to access;
• Right to delete;
• Right to correct;
• Right to data portability; and
• Right to opt-out of or limit certain uses, processing, and or disclosure.

As a resident of certain states, such as California, Colorado, or Virginia, your state law provides you the ability to make inquiries regarding your personal information. Specifically, the degree to which this information is not already provided in this Privacy Notice, you have the right to request disclosure about the collection and use of your personal information over the past 12 months, including:

• The categories of personal information collected about you.
• The categories of sources for the personal information collected about you.
• The business or commercial purpose for collecting your personal information.
• The categories of third parties with whom your personal information was shared.
• The specific pieces of personal information collected about you.
• If your personal information was disclosed for a business purpose, the personal information categories disclosed and the categories of third parties to which the information was disclosed.
• If your personal information was sold in the past 12 months, the personal information categories sold and the categories of third parties to which the information was sold.

Requests you make regarding how your personal information is collected and retained may be subject to certain exceptions. UDisc will inform you of such exceptions in its response to your request. If UDisc is selling, re-selling, or otherwise distributing your personal information in exchange for monetary compensation, advertising, or other purposes, you may have the right to opt-out or limit such sales or disclosures. However, at this time, UDisc does not sell, re-sell, distribute for re-sale, or share, as that term is defined in applicable legislation, your personal information. Finally, you have the right to not receive discriminatory treatment by UDisc or any business for exercising any of the rights provided under your state law.

If we receive a request from you, we will first make a determination regarding the applicability of your state’s law, and we will then take steps to verify your identity prior to responding. The steps to verify your identity may vary based on our relationship with you, but, at a minimum, it will take the form of confirming and matching the information submitted in the request with information already held by UDisc and/or contacting you through previously used channels to confirm that you submitted the request (i.e., confirming identity through contact information that we have on file, not the contact information submitted to make the request).

Depending on your jurisdiction, you may make requests regarding your data one to two times a year, free of charge. However, UDisc may charge a reasonable fee or deny a request that is considered manifestly unfounded or excessive. UDisc will respond to your request within 45 days. If for any reason your request is denied, UDisc will provide a “no action” explanation within the 45-day period. If your jurisdiction offers you a right to appeal such denial, you will be informed of your right to appeal that decision.

Submitting a Request:
You may submit a request by submitting a request through the following form here or by contacting us here:

UDisc LLC
4709 358th Street
North Branch, MN 55056
privacy@udisc.com

For California Consumers

Your rights as stated herein can also be exercised by an authorized agent on your behalf. UDisc will follow the standards set by the Attorney General of California regarding designation of an authorized agent to exercise rights under California’s privacy legislation. You may review information available from the Attorney General regarding how an individual can be designated as an authorized agent.

In addition to California’s privacy legislation, California Civil Code Section 1798.83 permits users of the Website who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us as described here.

Browser Settings and Universal Opt-Out

Global Privacy Control (GPC) is a browser setting that notifies websites of an individual’s privacy preferences. For example, “Do Not Track” is a preference you can set in your web browser to inform websites you visit that you do not wish to be tracked. Such browser settings must be supported by the website you are visiting to be effective. UDisc is not currently able to support such browser codes, so UDisc will not automatically acknowledge and or respond to your particular settings when you access the Service. However, you may make a request to opt-out of or limit any processing activities as described herein or through the links available on the Service.

Information Security and User Responsibility

We employ industry-standard security measures designed to protect the security of all information submitted through the Service. However, the security of information transmitted through the internet or via a mobile device can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data.

Users of the Service are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of the Service. In order to protect you and your information, we may suspend your use of any of the Service, without notice, pending an investigation, if any breach of security is suspected.

Connecting the App With Other Smart Devices

You may connect certain smart devices, such as your Apple Watch or Garmin watch, with the App to capture health data, track your activity, or utilize other similar features available on your device. To connect the App to your device, you will be required to consent to such connection through your applicable application store. UDisc does not have access to the data your device collects, and you should review the privacy notices or terms associated with such devices for specific information about the data sharing.

External Links

The Service may contain links to other websites maintained by third parties. Please be aware that we exercise no control over linked sites and UDisc is not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any personal information.

You hereby acknowledge and agree that UDisc is not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release UDisc from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.

Children’s Privacy

At this time, the Service is not intended for children under the age of 13, and UDisc does not knowingly collect the personal information of children under the age of 13. If you believe that UDisc might have information from or about a child under the age of 13, please contact us at privacy@udisc.com.

Changes to this Privacy Notice

UDisc reserves the right to modify this Privacy Notice from time to time in order that it accurately reflects the regulatory environment and our data collection principles. When material changes are made to this Privacy Notice, UDisc will post the revised Notice on our website. This Privacy Notice was last modified as of February 14, 2023.

Contact Us

If you have any questions or comments about this Privacy Notice or the Service provided by UDisc, please contact us at: privacy@udisc.com.