Privacy policy

 

This Privacy Notice (this “Notice”) describes how and why ANOTHER NINE, LLC, an Ohio limited liability company (collectively, “Company,” “we,” “us,” or “our”) collects, uses, discloses, stores, shares and/or otherwise processes personal information you submit or we collect when you (i) visit our website at www.anothernine.com (the “Site”) or any other website or platform that links to this Notice; or (ii) interact with us in person at our golf simulator facility, by telephone, email, through our social media accounts, or other electronic communications (collectively, the “Services”).

This Notice is subject to our Terms of Use, available at www.anothernine.com/policies/terms-of-service, which are incorporated herein by reference. PLEASE READ THIS NOTICE CAREFULLY. BY ACCESSING THE SERVICES OR OTHERWISE PROVIDING US WITH YOUR PERSONAL INFORMATION, YOU ARE ACCEPTING THE TERMS OF THIS NOTICE AND OUR PROCESSING OF YOUR PERSONAL INFORMATION IN ACCORDANCE THEREWITH.

We reserve the right to modify or amend this Notice at any time to reflect changes in our personal information practices or applicable law. Should it be necessary to do so, we will notify you and/or request your express consent, if required, of material changes to this Notice by posting such changes on the Site or by other acceptable means. Each version of the Notice is identified at the top of the page by its Last Updated date. Your continued use of the Services after changes have been posted constitutes your acceptance of the Notice as amended for personal information collected going forward, unless additional consent is required under applicable law. If you do not agree to the terms of our Notice, please do not use our Services or provide us your personal information. If you have any questions or concerns, please contact us at hello@anothernine.com.

SECTIONS

WHAT INFORMATION DO WE COLLECT?

We collect most of the personal information about you directly from you—that is, information you voluntarily provide to us when you access or use the Services, express interest in obtaining information about us or our products and Services, or when you otherwise contact us.

PERSONAL INFORMATION PROVIDED BY YOU

The personal information that we collect depends on the context of your interactions with us and the Services, as well as the products and features you use. You may provide us with the following personal information:

  • Name;
  • Phone number;
  • Email address;
  • Mailing address;
  • Username;
  • Password;
  • Contact preferences;
  • Contact or authentication data;
  • Billing address; and
  • Debit and/or credit card information.

In addition, we may collect information directly from you when you provide it to us by filling in forms on the Site, including:

  • Contact Us: If you choose to submit information to us via our Contact Us page, we will collect your name, email address, phone number, location information, reason for contacting us, and any additional information you choose to provide.
  • Account Information. If you choose to create an account, you will be asked to provide your name, phone number, email address, mailing address, username, password, contact preferences, billing address, and credit/debit card information. If you would like to review or change the information in your account, or terminate your account, you can log in to your account settings or contact us using the information provided below. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases; however, we may retain some information to prevent fraud, troubleshoot problems, assist with investigations, enforce our legal terms, and/or comply with applicable legal requirements.
  • Contests and Promotions: When you enter a contest or participate in a promotion, we may collect your name, address, email address, phone number, and any additional information or content required for the contest or promotion (such as information you post on social media). We use this information to administer your participation in the contest or promotion, including prize fulfillment. As part of a contest or promotion, we may obtain your consent to share or otherwise publish the content you submit.
  • Text Messaging: If you sign up to receive SMS messages from us or we otherwise have your express consent, we will collect and use your mobile phone number to send you SMS or text messages about new products, special offers, and other information in accordance with our SMS Policy, available on the Site.
  • Marketing Communications: If you sign up to receive our marketing emails or we otherwise have your consent, we will collect and use your email address to send you emails about new products, special offers, and other information. If you no longer wish to receive these communications, you can unsubscribe at any time by clicking the “unsubscribe” link included at the bottom of the newsletter. Alternatively, you can opt out of receiving our newsletter by contacting us at the contact information under “Contact Us” below. Please note that you may continue to receive certain transactional or account-related communications from us, such as your receipt or online order confirmation. From time to time, we may ask you to confirm or update your marketing preferences if you instruct us to provide further products and/or services in the future, or if there are changes in the law, regulation, or the structure of our business. To opt out of the sharing of your information for these purposes, please contact us at support@anothernine.com
  • Swing Performance Data. As part of our Services, we utilize third-party tracking technology (including Trackman) to generate golf shot and swing performance data during your session (“Performance Data”). Performance Data may be stored by Another Nine and/or our third-party technology providers.

Only as necessary, and with your consent or as otherwise permitted by applicable law, we may process the following sensitive personal information:

  • Financial data; and
  • Payment data.

If you make purchases when using the Services, we may collect data necessary to process your payment, such as your debit, credit, and/or other payment method number, and the security code associated with such payment method. All payment data is stored by Shopify. You may find their privacy notice link(s) here:

INFORMATION AUTOMATICALLY COLLECTED

Cookies and Other Technologies. A cookie is a small file containing a string of characters that may be sent to your web browser when you visit a website. Cookies might be used for the following purposes: (1) to enable certain functions; (2) to provide analytics; (3) to store your preferences; and (4) to enable ad delivery and behavioral advertising.

Cookies can either be session cookies or persistent cookies. A session cookie expires automatically when you close your browser. A persistent cookie will remain until it expires or you delete your cookies. Expiration dates are set in the cookies themselves; some may expire after a few minutes while others may expire at a later time. Cookies placed by the website you’re visiting are sometimes called “first party cookies,” while cookies placed by other companies are sometimes called “third party cookies.”

The Site may use cookies that are sent by us or our third-party services. The use of cookies and other technology, described below, may allow us to make our Site more responsive to your needs by delivering a better and more personalized experience to you. If implemented, such cookies may be used to identify you as a valid user, to ensure that no one else can sign on simultaneously with your account from another computer and to help us serve you better based on your registration preferences. We may also use cookies to help us facilitate any promotions or surveys that we provide. You can reset your browser to refuse cookies or to indicate when a cookie is being sent. By changing your preferences, you can accept all cookies, you can be notified when a cookie is set, or you can reject all cookies. If you do so and cookies are disabled, you may be required to re-enter your information more often and certain features of our Site may be unavailable.

Most web browsers are set to accept cookies by default. You can usually choose to set your browser to remove or reject cookies, though this could affect certain features of our Services. You may also opt out of interest-based advertising by advertisers on our Services.

The following information may automatically be received and/or collected from you through the Site: IP address, browser type, browser language, internet service provider (ISP), resource requested, date and time of resource request, HTTP referring resource, operating system, device information, hardware model, location data, and/or clickstream data. We aggregate this data, and may combine it with other information we collect about you to better understand how visitors use our Site, improve user experience, and to help manage, maintain, and report on use of our Site. We also store IP addresses for fraud detection and prevention purposes.

This information does not reveal your specific identity, such as your name or contact information, but may include device and usage information, such as your browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called “crash dumps”), and hardware settings).

Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.

Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

Pixels: Pixels (also known as web beacons) are code embedded within a service. There are various types of pixels, including image pixels (which are one-pixel transparent images) and JavaScript pixels (which contain JavaScript code). Pixels are often associated with cookies and are used for similar purposes. When you access a service that contains a pixel, the pixel may permit us or a third party to drop or read cookies on your browser, or collect other information about your browser or device. Pixels, such as from our third-party service providers, may collect and send IP addresses, URLs, and other information from an advertisement that you click associated with your visit to our Website to other third-parties for the purpose of matching that data with other insights to provide direct mailing and other advertising services.

Third-Party Service Providers: We may sometimes utilize third-party service providers to help us track the activity within the Site. These third parties may use cookies and other tracking technologies. Our third-party service providers include the following:

Analytics: We may use a third party such as Google Analytics to help us gather and analyze information about the areas visited on the Site (such as the pages most read, time spent, search terms and other engagement data) in order to evaluate and improve the user experience and the Site. For more information about Google Analytics or to prevent the storage and processing of this data (including your IP address) by Google, you can download and install the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en. You can also obtain additional information on Google Analytics’ data privacy and security at the following links:

More Information. You may learn more about cookies and how to opt out of them by visiting the following third-party website: http://www.allaboutcookies.org/.

WHY DO WE PROCESS YOUR INFORMATION?

We process your information to provide you with a superior experience, communicate with you, and, as necessary, to administer and manage our Services. Depending on how you interact with our Services, we process your personal information in a variety of ways, including:

  • To comply with our legal and regulatory obligations;
  • To provide you the Services;
  • To facilitate account creation, authentication, and management of your account;
  • To provide you with information, products, or other services you request from us;
  • To provide customer service and/or marketing related to our Services;
  • To conduct research and perform analyses to measure, maintain, protect, develop, and improve our products or Services;
  • To administer, enhance, and communicate with you regarding our events, marketing, promotions, and advertising;
  • To make communications necessary to notify you regarding order confirmations, products, the Services, market research, requests, marketing, security, privacy, and administrative issues;
  • To identify usage trends, including the effectiveness of our promotional campaigns, and to evaluate and improve our Services, products, marketing, and your experience;
  • To ensure our business practices and policies are adhered to;
  • To protect against and prevent fraud, unauthorized transactions, claims, and other liabilities and manage risk exposure;
  • For our legitimate interests or those of a third party;
  • To fulfill any other purpose for which you provide your personal information; and/or
  • In any other way we may describe when you provide the information or for any other purpose with your consent or to comply with applicable law.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

How we process your personal information Our reasons

To provide information about our products and/or services to you

To take steps at your request before entering into a contract

To prevent and detect fraud against you or our organization

For our legitimate interests or those of a third party, i.e. to minimize fraud that could be damaging for us and for you

Processing necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g. under health and safety regulation or rules issued by our professional regulator

To comply with our legal and regulatory obligations

Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies

To comply with our legal and regulatory obligations

Ensuring business policies are adhered to, e.g. policies covering security and internet use

For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you

Operational reasons, such as improving efficiency, training, and quality control

For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price

Ensuring the confidentiality of commercially sensitive information

For our legitimate interests or those of a third party, i.e. to protect trade secrets and other commercially valuable information

To comply with our legal and regulatory obligations

Statistical analysis to help us manage our business, e.g. in relation to our financial performance, customer base, product range or other efficiency measures

For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price

Preventing unauthorized access and modifications to systems

For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for you

To comply with our legal and regulatory obligations

Updating and enhancing customer records

For the performance of our contract with you or to take steps at your request before entering into a contract

To comply with our legal and regulatory obligations

For our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our customers about existing orders and new products

Statutory returns

To comply with our legal and regulatory obligations

Ensuring safe working practices, staff administration and assessments

To comply with our legal and regulatory obligations

For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you

Marketing our services to existing and former customers, third parties who have previously expressed an interest in our services and/or third parties with whom we have had no previous dealings.

For our legitimate interests or those of a third party, i.e. to promote our business to existing and former customers

External audits and quality checks, e.g. for ISO or Investors in People accreditation and the audit of our accounts

For our legitimate interests or those of a third party, i.e. to maintain our accreditations so we can demonstrate we operate at the highest standards

To comply with our legal and regulatory obligations

WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

We may disclose personal information that we collect or that you provide as described in this Notice to contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Site improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this Notice. Whenever we engage a service provider, we require that its privacy and security standards adhere to this Notice and applicable state privacy legislation.

We may share your data with third-party vendors, service providers, contractors, or agents who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our third parties, which are designed to help safeguard your personal information. They cannot do anything with your personal information unless we have instructed them to do it, will not share your personal information with any organization apart from us, and commit to protect the data they hold on our behalf and to retain it for the period we instruct. The categories of third parties we may share personal information with include: data analytics services, finance and accounting tools, order fulfillment service providers, payment processors, performance monitoring tools, product engineering and design tools, sales and marketing tools, social networks, testing tools, user account registration and authentication services, website hosting service providers, ad networks, affiliate marketing programs, communication and collaboration tools, data storage service providers, and Another Nine franchise location operators (in connection with reservations, memberships, and services at the locations you visit or designate).

We also may need to share your personal information in the following situations:

  • Business Transfers. We may share or transfer your information 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.
  • Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Places API).
  • Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
  • Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions.

All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

ADDITIONAL CALIFORNIA NOTICES

The personal information we collect

In accordance with the California Consumer Privacy Act, as amended, (“CCPA”) we may collect and use for internal business purposes the following categories of personal information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:

Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers Real name, postal address, online identifier, Internet Protocol address, email address, phone number
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. Name, address, telephone number, credit/debit card number (collected and processed by third-party service provider)
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). Gender
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Products or services purchased, obtained, or considered on our Website
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics or samples (such as breath, blood, or urine), or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. Information on a consumer’s interaction with a website or application, Internet connection/browser type
G. Geolocation data. Physical location or movements. Yes, when visiting one of our facilities
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information. Current or past job history or performance evaluations. NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
K. Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO
L. Sensitive data. Social security number, driver’s license number, state identification card, or passport number; account log-ins, financial accounts, debit or credit card numbers in combination with a security or access code, password, or other credentials; precise geo-location; racial or ethnic origin, religious or philosophical beliefs, or union membership; contents of mail, email or text messages; genetic or biometric data; mental or physical health diagnosis, sexual orientation; or personal data from a known child. Debit or credit card numbers (collected and processed by our third-party service provider); precise geo-location

Notice of Financial Incentive

We are providing you with this notice to explain the material terms of a financial incentive, as defined by CCPA, which we are offering so that you may make an informed decision on whether to participate.

Specifically, we offer the A9 Insiders loyalty program, a free loyalty program you may join by providing us your email address and other contact information and, if you choose, agreeing to receive marketing communications. A9 Insiders benefits currently include a one-time twenty-five percent (25%) discount on your first eligible reservation after enrollment; five percent (5%) cash back on eligible orders, issued as store credit; referral credits of ten dollars ($10.00) each for the referring member and the referred friend when the friend completes their first eligible reservation; annual birthday benefits; and periodic exclusive offers and discounts. The full terms of the program are set forth in our Membership and A9 Insiders Program Terms, which will be presented or made available to you at the time of enrollment.

We do not sell your email address. If you sign up, we may share your email address and related program information with our service providers (such as our email marketing platform) and affiliates as necessary to administer the program. Program benefits may not be combined with other offers unless we state otherwise and may not be available at all times.

You may opt in by enrolling in the A9 Insiders program. You can withdraw from this financial incentive at any time by canceling your enrollment or following the unsubscribe link in any marketing email that you receive, and by submitting a Do Not Sell or Share My Personal Information request.

These benefits are reasonably related to the value of the personal information that you are providing to us. Our good faith estimate of the value of your personal information is the value of the discounts, credits, and benefits offered to you. We calculated the value of your personal information based on our expenses related to providing those benefits.

Shine the Light Notice

Certain Californians are also entitled to certain other notices, as follows: This Shine the Light Notice provides information on our online practices and your California rights specific to our online services. Without limitation, Californians that visit our online Services and seek to acquire goods, services, money or credit for personal, family or household purposes are entitled to the following notices of their rights:

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Websites who are California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please send an email to hello@anothernine.com or send a physical request to:

Another Nine, LLC

Attn: Privacy

727 Madison Ave Suite #10

Covington, KY 41011

You must put the statement “Shine the Light Request” in the body of your correspondence. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. This right is different than, and in addition to, CCPA rights (as described in Your State Data Privacy Rights), and must be requested separately. However, a Do Not Sell or Share My Personal Information opt-out is broader and will limit our sharing with third parties for their own direct marketing purposes without the need for making a separate Shine the Light request. We will not accept Shine the Light requests by telephone or by fax, and are not responsible for requests not labeled or sent properly, or that are incomplete.

RETENTION OF INFORMATION

We will only keep your personal information for as long as it is necessary for the purposes set out in this Notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). Specifically, we will retain personal information as long as you have an active account with us or we are providing products or the Services to you. Thereafter, we will keep your personal information for as long as is necessary to (i) respond to any questions, complaints, or claims made by you or on your behalf; (ii) show that we treated you fairly; or (iii) keep records required by law. We reserve the right to use anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

SECURITY

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process, including storing information on secure servers behind firewalls. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

In the unfortunate event that your personal information is compromised, we may notify you by e-mail to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system, as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation.

CHILDREN’S INFORMATION

We do not knowingly solicit data from or market to children under 16 years of age. By using the Services, you represent that you are at least 16 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 16 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 16, please contact us at hello@anothernine.com.

DO-NOT-TRACK FEATURES

The Site does not respond to Do-Not-Track (“DNT”) signals. To find out more about DNT, you may wish to visit the following third-party website www.allaboutdnt.com. However, we treat Global Privacy Control signals as opt-out of sale and opt-out of interest-based / targeted advertising requests under applicable state laws.

YOUR STATE DATA PRIVACY RIGHTS

If you are a resident of the states of Alabama, California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, or Virginia, you may have certain rights under applicable data privacy laws. If you are a resident of the state of California, you have the right under the CCPA to exercise your rights free of charge twice per year. These rights are described below:

Right to Know and Request Disclosure (California residents only)

You have the right to know and request disclose of:

  • The categories of personal information we have collected about you, including sensitive personal information
  • The categories of sources from which the personal information is collected
  • Our business or commercial purpose for collecting, selling, or sharing personal information
  • The categories of third parties to whom we disclose personal information, if any; and
  • The specific pieces of personal information we have collected about you.

In connection with any personal information we may sell, share, or disclose to a third party for a business purpose, you have the right to know:

  • The categories of personal information about you that we sold or shared and the categories of third parties to whom the personal information was sold or shared; and
  • The categories of personal information that we disclosed about you for a business purpose and the categories of persons to whom the personal information was disclosed for a business purpose.

Please note that we are not required to:

  • Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
  • Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or
  • Provide the personal information to you more than twice in a 12-month period.

Right to Confirm

You have the right to confirm whether or not we are processing your personal information.

Your request to confirm may be denied for any reason allowable under applicable state privacy law. For example, we may deny your request to delete if the personal information is necessary for us or a service provider to complete the transaction for which we collected the personal information, comply with a legal obligation, or make other internal or lawful uses of that information that are compatible with the context in which you provided.

Right to Access

You have the right to access your personal information, subject to exceptions set out in applicable privacy legislation. Examples of such exceptions include:

  • Information that is aggregated or de-identified.
  • Information that is part of a formal dispute resolution process.
  • Information that is about another individual that would reveal their personal information or confidential commercial information.
  • Information that is prohibitively expensive to provide.

Right to Delete

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

  • Delete your personal information from our records;
  • Direct any service providers or contractors to delete your personal information from their records; and
  • Direct third parties to whom the business has sold or shared your personal information to delete your personal information unless this proves impossible or involves disproportionate effort.

Your request to delete may be denied for any reason allowable under applicable state privacy law. For example, we may deny your request to delete if the personal information is necessary for us or a service provider to:

  • Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
  • Help to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for those purposes;
  • Debug to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act;
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us
  • Comply with an existing legal obligation; or
  • Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Right of Correction

If we maintain inaccurate personal information about you, you have the right to request us to correct that inaccurate personal information. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate personal information.

Right to Obtain a Copy

You also have the right to obtain a copy of the personal information you have provided to us in a portable, readily usable format that can be easily transferred to a third party.

Right to Opt-Out

You have the right to opt out of the sale and sharing of your personal information for targeted behavioral advertising and profiling.

We will act upon your request to opt-out no later than 15 days from the date we received the request. Note that we may deny a request to opt-out if we have a good-faith, reasonable, and documented belief that the request is fraudulent or for any other reason allowable under applicable state privacy law. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time.

Right to Limit Use of Sensitive Personal Information

Where we collect sensitive personal information (such as payment card information collected and processed by our third-party payment processor, or precise geolocation), we use it only as necessary to provide the Services you request. Please note that under applicable law, you have a right to know if your sensitive personal information is used or disclosed to a service provider or contractor, for additional, specified purposes.

Under applicable law, you are granted the right to limit the use of sensitive information for purposes other than necessary to perform the service that you request from us.

Right to Non-Discrimination

You have the right to not be retaliated or discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:

  • Deny goods or services to you;
  • Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
  • Provide a different level or quality of goods or services to you; or
  • Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to you, if that difference is reasonably related to the value provided to our business by your personal information. We may also offer loyalty, rewards, premium features, discounts, or club card programs consistent with these rights or payments as compensation, for the collection of personal information, the sale of personal information, or the retention of personal information.

If you or an authorized representative want to review, access, correct, or withdraw consent to the use of your personal information you may send us an email at hello@anothernine.com to request access to, correct, or delete any personal information that you have provided to us. 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. Any personal information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification. To verify a request, you will need to provide:

  • Enough information to identify you;
  • Proof of your identity and address; and
  • A description of what right you want to exercise and the information to which your request relates.
  • If your request is submitted on your behalf by an authorized representative, you will need to provide proof of the representative’s authority to act on your behalf by writing signed by you.

If we are unable to verify your request, we may deny the request or ask you for additional information that is reasonably necessary to authenticate your identity in connection with the consumer request.

Once submitted, you will receive an email within 10 days that we will use to verify your identity and provide confirmation of your request. We will respond to your request to know or delete or correct within 45 days from the day we receive the request. If necessary, we may extend the time period to a maximum of 45 additional days from the day we receive the request. In such case, you will receive an email notifying you of the extension and explaining the reason for the extension.

Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions. For California residents, we will provide access to your personal information, subject to exceptions set out in the CCPA, such as information that is aggregated or de-identified.

You also have the right to appeal our decision if we deny your consumer request. If we deny your consumer request, you can send an email to hello@anothernine.com requesting an appeal of the denial. Within 45 days of receipt of your appeal, we will inform you of the action we took or did not take in response to your appeal. We may extend the 45-day period by an additional 15 days where reasonably necessary and inform you of the delay and the reasons for the delay. If your appeal is denied, we will provide you with an online mechanism to contact the Attorney General to submit a complaint in your respective state.

If you are concerned about our response or would like to correct the information provided, you may contact us at: hello@anothernine.com.

The CCPA may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

The Site may contain links to other websites of interest. Once you have used these links to leave our Site, you should note that we do not have any control over other websites. Therefore, we will not be responsible for the protection and privacy of any information you provide whilst visiting such other websites, and such sites are not governed by this Notice. You should exercise caution and look at the privacy policy applicable to the website in question.

NOT INTENDED FOR USE OUTSIDE U.S.

The Site is primarily intended for use within the United States. If you use the Site from outside the United States, you explicitly accept that your personal information may be transferred to, stored, and processed in the United States where laws regarding processing of personal information may differ from the laws of other countries.

TERMS OF USE

This Notice is expressly incorporated into our Terms of Use. Any dispute between you and us regarding the privacy of your personal information is subject to this Notice and our Terms of Use, including limitation on damages, resolution of disputes, and application of applicable law.

CONSUMERS WITH DISABILITIES

To request this Notice in an alternative format, please reach out to us at hello@anothernine.com.

CONTACT US

If you have questions or comments about this Notice, you may contact us at:

  • Email: legal@anothernine.com; or
  • Mail: Another Nine, LLC 727 Madison Ave Suite #10, Covington, KY 41011

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