Privacy Policy

Last Updated and Effective September 1, 2022

1. Introduction
   
   Chirp Golf LLC d/b/a/ Chirp Golf, along with its affiliated companies listed below (collectively, “Chirp Golf,” “us,” “our,” or “we”) is committed to respecting and protecting your privacy. We act in accordance with the requirements of the applicable privacy and data protection laws in the markets where we operate. This privacy policy (“Privacy Policy”) explains how we collect, process, and share Personal Data (defined below) pertaining to our visitors and users (collectively, “you” and “your”) of our Services. We also describe your rights and choices with respect to your Personal Data and other important information. Please read this Privacy Policy carefully before using our Services (defined below) and/or providing us with your Personal Data (defined below). You can download a copy of this Privacy Policy by clicking https://getchirpgolf.com/privacypolicy.
2. Scope of this Policy
   
   This Privacy Policy applies to Personal Data collected through our “Services”, which include:
   - Our “Offline Services” – Services provided to you over the phone or in person, e.g. customer support, exhibitions, and events; and
   - Our “Digital Services” – our website at getchirpgolf.com (including any subdomains or mobile versions, the “Website”), mobile applications and games (“Apps”) , live chat, online support, or other of our websites, software, or online services that link to/post this Privacy Policy.
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   This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Any such processing not done at the direction of Chirp Golf is outside the scope of this Privacy Policy.
3. Who We Are
   
   Chirp Golf, LLC is an affiliate member of the EB Golf Media, LLC and ECC Golf Holdings, Inc. family of companies, an integrated collection of brands with the shared mission of supporting and celebrating golfers and the golf industry. At the time of publication of this Privacy Policy, these include: Golf.com, Golf Magazine, 8AM Golf Holdings, LLC, True Spec Golf, GolfLogix, Inc., Miura Golf LLC, Chirp Golf LLC, Fairway Jockey, Club Conex, and Nicklaus Companies, LLC (together these will be referred to as the “8AM Companies”).
4. How to Contact Us
   
   If you have any comments or questions about this Privacy Policy or our privacy practices, or to exercise your rights as described below, please contact our Data Privacy Team at:
   
   Chirp Golf LLC6
   E. 43rd Street, 12th Floor
   New York, NY 10017
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   Data Rights Inquiries: Submit a Privacy Update Request form by visiting: https://bit.ly/ChirpGolf-PrivacyPolicy.
5. The Categories and Sources of Personal Data We Collect
   
   ”Personal Data” is data relating to identified or identifiable individuals and households (“Personal Data”). The Personal Data that we collect, and how we collect it, depends on how you interact with us. For example, if you are one of our customers, we may collect different types of data compared to data we may collect from one of our Website or App visitors.
   
   A. Categories of Personal Data We Process
   
   The categories of Personal Data we collect and use include (these are examples that may be subject to change):
   
   Contact Data: Information such as your name, address, email address, telephone number, username, or account login details.
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   Biographical Data: Information such as your gender, date of birth, age and/or age range, nationality, profile photo, and photograph or videos containing your image.
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   Location Data: Information about your location, including “precise location data” which we may obtain from your opt-in at sign-up, at app launch, and “general location,” which we may obtain from your IP address, or from your social media tags/posts.
   
   Device/Network Data: Information regarding your interaction with our Digital Services or advertisements (e.g. IP Address, MAC Address, SSIDs or other device identifiers or persistent identifiers), online user ID, advertiser ID, or device characteristics.
   
   Gameplay Data: Information such as your session time, session length, gameplay history, contest entry history, or other data similarly related to your use of our App.
   
   Commercial Data: Information such as your purchase history, details of products that we have sold to you, or product returns.
   
   Inference Data: Personal Data used to create a profile about you reflecting your preferences (such as the products you seem to prefer based on use of our Services or your purchases), as well as your characteristics, likes, interests, and other data or analytics provided about you by social media companies or data aggregators.
   
   Audio/Visual Data: Photos, videos, recordings and images collected from audio files and/or gameplay records, or your profile photo
   
   User Data: Information such as unstructured/free-form data that may include any category of Personal Data, e.g. data that you give us in free text fields such as comment boxes, in-app support live chat, Personal Data you provide when you complete forms on our Services, or answers you provide when you participate in sweepstakes, contests, and surveys.
   
   Sensitive Personal Data: Personal Data such as social security, driver’s license, state identification card, or passport number.
   
   B. The Sources of Personal Data We Collect From You
   
   We collect Personal Data from various sources, which vary depending on the context in which we process that Personal Data:
   
   1. From You:
   When you create a Chirp Golf account: We may collect, or ask you to provide, your Contact Data, Biographical Data, Location Data, Device/Network Data, and other relevant information, as well as your communication preferences;
   
   When you use Chirp Golf products or services: We may collect, or ask you to provide, your Contact Data, Location Data, Gameplay Data, Device Data, and other relevant information;
   
   When you interact with Chirp Golf: We may collect the Personal Data you provide to us at your own initiative, such as Contact Data and User Data, and any Personal Data we need to help resolve your query if, for example, you contact our customer service.
   
   2. Automatically when you use our Digital Services:
   When you visit our Website or use our Apps: We automatically collect, store, and use technical information about your equipment and interaction with our Digital Services (“General Information”) when you visit our Website or use our Apps. This General Information is sent from your computer or personal device to us using a variety of cookies and other technical means. Our Services do not respond to your browser’s do-not-track request, though we may respond to “Ask App Not to Track” requests, where applicable. If you do not want information collected through the use of cookies, you can manage/deny cookies (and certain technologies) using your browser’s settings menu, as described below in “WHAT ARE YOUR RIGHTS AND CHOICES REGARDING YOUR PERSONAL DATA.”
   
   3. Personal Data we Create or Receive from Third Parties:
   From other 8AM Companies: In some circumstances, including our Commercial Purposes, we may receive Personal Data about you from other of 8AM Companies with which you interact.
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   Our Service Providers: We may receive Personal Data from service providers that provide services on our behalf, e.g. through cookies and similar technologies.
   
   4. Data that we create or infer:
   Inferred Data: We may create Personal Data relating to inferences drawn from Personal Data we process in order to create a profile about you, or generate information relating to your predispositions, behavior, and attitudes.
   
   C. Children
   Our Service is not intended for children under 18 years of age. We do not knowingly collect personal information from an individual under age 18. If You are under the age of 18, please do not submit any personal information through our Services. If You have reason to believe that We may have accidentally received personal information from an individual under age 18, please contact us immediately by submitting a Privacy Update Request form by visiting https://bit.ly/ChirpGolf-PrivacyRequest or emailing us at support@chirpgolf.io.
   
6. How We Process Your Personal Data
   
   We generally process your Personal Data: (i) to fulfill our obligations under a contract with you, or to take steps prior to entering into a contract with you, (ii) to comply with a legal obligation, (iii) when it is in our legitimate business interest to use your Personal Data, or (iv) based on your consent. Our legitimate interests include operating, evaluating and improving our Services and business; preventing and protecting us and others against fraud, unauthorized transactions, claims and other liabilities; and ensuring compliance with company policies and industry standards.
   
   Our use of your Personal Data depends on who you are and how you interact with us. When you use our Services, we process your Personal Data in specific contexts and for certain specified purposes, as well as for our general Business Purposes and, in some cases, for Commercial Purposes (each defined below).
   
   Below is a list of the ways that we use your Personal Data and the reasons we rely on to do so.
   
   A. How We Collect Personal Data
   
   We collect and process Personal Data in several contexts when you use our Services, including:
   
   i. Account Registration
   When you create an account on our Digital Services, we process certain Personal Data, which typically includes Identity Data, Device/Network Data, Biographical Data, Location Data, and Contact Data. We process this Personal Data primarily to create, maintain, and provide you with your account, provide account-based services you request, and determine your eligibility to view or participate in certain geo-restricted features/content. Additionally, we use the Identity Data, and Contact Data as necessary to provide you with information regarding  your account. We may create certain Inference Data from your account data, and associate Inference Data and Gameplay Data with your account. We may use such Personal Data for personalization, to create consumer profiles, and for other Business Purposes or Commercial Purposes.
   
   ii. When you access or use our Digital Services and App
   When you use our Digital Services, we automatically collect and process Identity Data, Device/Network Data, Device/Network Data, Commercial Data, Inference Data, User Data, and Gameplay Data. We use this data as necessary to provide the Service you request, initiate or fulfill your requests for certain features or functions through our Services, such as keeping you logged in, delivering pages, etc. In addition to Device/Network Data, we may also collect and process Contact Data, and Inference Data that we collect, create, and/or receive (including through the use of cookies and similar technologies). We typically use this data as necessary in connection with certain legitimate business interests, such as ensuring the security of our Digital Services and other technology systems, to prevent fraud, and otherwise analyze the use of our Digital Services, to help us develop new features, products, or service, or make improvements. In some cases, certain Identity Data (such as username) and Gameplay Data may be made public, e.g. as part of leaderboards or winner’s lists.
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   Some Digital Services may process Location Data (subject to your consent if required). We use this data, together with Inference Data and Device/Network Data, to provide contextual information to you, determine your eligibility for contests and promotions, to deliver (or limit delivery) of advertisements, and other features that require the use of location. Note, Location Data and Biographical Data may be required in order for you to use certain features of our Services. We may also process Contact Data, and User Data if you interact with or identify us on social media platforms.
   
   We may also use Device/Network Data, Location Data, Inference Data and Contact Data collected in this context for Business Purposes or Commercial Purposes.
   
   iii. Cookies and other tracking technologies
   We use cookies and similar technologies (such as JSON Web Tokens) on our Digital Services. These technologies can be used to collect or create Device/Network Data or Contact Data, or Inference Data. Third parties may be allowed to view, edit, or set their own cookies or place web beacons on our Digital Services. Cookies and web beacons allow us and third parties to distinguish you from other users of our Digital Services, and some of these technologies can be used by us and/or our third party partners to identify you across platforms, devices, sites, and services. We or our third parties may engage in targeted advertising or customer profiling using this data.
   
   We and authorized third parties may use cookies and similar technologies for the following purposes:
   
   - for “essential” or “functional” purposes, such as to enable certain features of our Digital Services;for “analytics” purposes, such as to analyze the traffic to and usage of our Services (for example, how many people have looked at a page, how visitors move around our Digital Services, what website they visited prior to   using our Digital Services, and use this information to understand user behaviors and improve the design and functionality of the Digital Services);
   - for “retargeted” advertisements (e.g. advertisements presented to you on other websites or services relating products or services which you have previously viewed on our Digital Services);
   - for “contextual” advertisements, as necessary to deliver relevant advertising content, count impressions, and track conversions; and
   - for social media integration e.g. via third-party social media cookies, or when you share information using a social media sharing button or “like” button on our Services, or when you link your account or engage with our content on or through a social networking website such as Facebook or Twitter.
   
   We may also use your Device/Network Data, Inference Data and Contact Data collected in this context for Business Purposes and Commercial Purposes.
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   If you wish, you can manage/deny cookies (and certain technologies) using your browser’s settings menu. Some devices allow you to control this through your device settings. You can also manage your cookie settings by using the “Cookie Settings” features on our Website. If you choose not to receive cookies at this time, websites may not function properly and certain services may not be provided.
   
   Please, note that certain third parties may be able to identify you across sites and services using the   cookies and similar tracking technologies. The use of third party technologies by third parties may be subject to their own privacy policies.
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   iv. When you enter a contest or other promotion
   We may collect and process Contact Data, Biographical Data, Location Data, and User Data as necessary to process your request to enter a contest or promotion, notify you if you have won, deliver a prize, or for related purposes. In addition, we may process this information to verify your identity for authentication and security purposes, and helping us to prevent fraud. If you win a contest/sweepstakes, we may publicly post some of your data on our Website (such as on a winners’ page). Unless prohibited by law, we may use this Contact Data, and User Data information for Commercial Purposes.
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   If you are a winner of a prize over certain legal thresholds (currently $600 in most cases), we may be required under applicable law to collect additional Identity Data, Contact Data, and Sensitive Data (such as SSN). We process and share this Personal Data solely as necessary to report any earnings or other tax reporting requirements, and appropriate Business Purposes. We do not use Sensitive Data for our Commercial Purposes.
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   v. When you contact us, initiate a support request, or submit information to us
   When you contact us (e.g. as part of a contact us form, online chat, or support request) we may collect and process Identity Data, Device/Network Data, Contact Data, and any Audio/Visual data or User Data you provide as necessary to address your request, fulfill the business purpose for which that information was provided, or for other related purposes, including but not limited to communicating with you on behalf of the 8AM Companies. Additionally where you consent, if relevant to your request, or if otherwise permitted by law, we may send you marketing communications as described further below, and use this information for Business Purposes or Commercial Purposes.
   vi. Feedback and SurveysWe may process Contact Data, Inference Data, and User Data collected in connection with customer surveys or questionnaires. We generally process this Personal Data as necessary to respond to customer requests/concerns, and create aggregate analytics regarding customer satisfaction. We may store and analyze feedback for our purposes, for example, to personalize the Services, and help recommend relevant offers or services. We may also use the Contact Data, Inference Data, and User Data collected in this context for Business Purposes  or Commercial Purposes.B. How We Process Personal Data for Business PurposesWe and our service providers process Personal Data we hold for numerous business purposes, depending on the context of collection, your rights and choices, and our legitimate business interests. For example, we generally process Personal Data in connection with the following “Business Purposes”:
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   i. Service Provision and Contractual Obligations
   We process any Personal Data as is necessary to provide our Services, to provide you with the products you purchase, to authenticate users, and as otherwise necessary to fulfill our contractual obligations to you. Additionally, we may use Personal Data as necessary to audit compliance, and log or measure aspects of service delivery (e.g. to document ad impressions).
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   ii. Internal Processing and Service Improvement
   We may use Personal Data for improving our Services, understanding how our Services are used, for customer service purposes, in connection with logs and metadata relating to service use, and for debugging, and similar purposes.
   iii. Security and Incident DetectionWe may process Personal Data to improve the security of our Services, to identify and prevent crime, and prevent fraud. We may analyze network traffic, device patterns and characteristics, maintain and analyze logs and process similar Personal Data in connection with our information security and anti-fraud activities.
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   iv. Compliance Safety, and Public Interest
   We may also process any Personal Data as necessary to comply with our legal obligations, such as where you exercise your rights under data protection law and make requests, to ensure content or advertising is directed to users eligible to participate in advertised services or view such content/advertisements, for the establishment and defense of legal claims, or where we must comply with our legal obligations, lawful requests from government or law enforcement officials, and as may be required to meet national security or law enforcement requirements or prevent illegal activity. We may also process data to protect the vital interests of individuals, or on certain public interest grounds, each to the extent allowed under applicable law.
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   v. Aggregated/Anonymized data
   We process Personal Data about our customers and users in order to identify trends, such as to create aggregated  or anonymized data about buying and spending habits, use of our Services, and other similar information (“Aggregated Data”). For example, we may process Aggregate Data to determine aggregate trends, response to various activities, games, and other aspects of our Digital Services. We may also retain and use this information in connection with the development of products or services. We may pass Aggregated Data to certain third parties to give them a better understanding of our business and to improve our Services. Aggregated Data will not contain information from which you may be personally identified.
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   vi. Personalization
   We may personalize or customize aspects of the Services based on your interactions with our content. This processing may involve the creation and use of Inference Data relating to your preferences.C. How We Process Personal Data for Commercial PurposesWe and certain third parties process Personal Data we hold for certain “Commercial Purposes,” depending on the context of collection and your rights and choices, including the following:
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   i. Personalization & Consumer Profiles
   In order to understand our customers’ preferences, better recommend products and services to our prior customers, to improve our Services, and otherwise customize the Services based on your preferences, we may create a “Consumer Profile” by linking together and analyzing Personal Data collected in the various contexts as described in this Privacy Policy. We may also augment Consumer Profiles with Personal Data that we create (such as Inference Data) or that we receive from third parties, and may include Personal Data such as products you have purchased or Services you have used.
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   We use Consumer Profiles for our first party marketing, market research, and in connection with the development of new features or improvement of our Services. For example, we may analyze the Personal Data of people who user our Services often or in a certain way and compare them with other users in our database to better understand trends, feature utilization, and the like.
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   ii. Marketing Communications
   We may send you marketing and promotional communications via email or SMS if you sign up for such communications or purchase products from us. We may also send you these communications if you register for our Services or for a promotion, or in connection with your communications with or submission of User Data to us. These communications may be personalized based on your Consumer Profile. We may also collect Device/Network Data and Contact Data so that we can determine whether you have opened an email or interacted with our communications, and we may generate Inference Data based on these interactions. We may also process this Personal Data for targeted advertising.
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   iii. Contextual Advertising
   We operate contextual advertisements on our Service. We generally use data collected in this context as appropriate for the purpose of marketing our Services, the services of other 8AM Companies, our sponsors, or advertisers. We may display advertising customized users’ location and other contextual factors (such as time of day, events, etc.) and the requirements of local law or to comply with local legal restrictions (e.g. laws limiting the display of gaming content or other similar content restrictions).
   
7. Sharing and Transferring Your Personal Data
   
   We may disclose your Personal Data to:
   
   - The 8AM Companies and to other Chirp Golf entities;
   - third party service providers, such as companies providing us shipping and delivery services, telecommunication services, payment services, and others;
   - a third party in the event that Chirp Golf sells all or part of its assets to a third party, merges with or is acquired by a third party, or otherwise undergoes any corporate reorganization or restructuring (including in relation to diligence for such transactions);
   - any applicable regulatory, statutory, governmental or other relevant authorities, agencies or bodies and industry regulators, and any other person to whom Chirp Golf is compelled, required or permitted to do so in order to comply with applicable law, rules or regulations, legal process or litigation;
   - to a third party when in the vital interests of an individual; or
   - any person pursuant to any order of a court of competent jurisdiction or comparable legal process.
8. HOW LONG WE RETAIN YOUR PERSONAL DATA
   
   We retain Personal Data for so long as it, in our discretion, is necessary to achieve the processing purposes described in this Privacy Policy, and in any event, for so long as is required by law. We will review retention periods periodically and may sometimes pseudonymize or anonymize data held for longer periods.
9. WHAT ARE YOUR RIGHTS AND CHOICES REGARDING YOUR PERSONAL DATA
   
   You may have certain rights and choices regarding the Personal Data we process. Please note these rights may vary based on the country or state where you reside, and our obligations under applicable law. Additional rights and disclosures for residents of the California, Nevada, and other jurisdictions are described further below.
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   i. Marketing Communications
   You can withdraw your consent to receive marketing communications by clicking on the unsubscribe link in an email, following any opt-out instructions in the communication, or by submitting a Privacy Update Request form by visiting https://bit.ly/ChirpGolf-PrivacyRequest.
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   ii. Withdrawing Your Consent/Opt-Out
   Where we are processing your Personal Data based on your consent, you may change your mind and withdraw your consent at any time. The consequence of you withdrawing consent might be that we cannot perform certain Services for you.
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   iii. Location Preferences
   You may control or limit Location Data that we collect through our Services by changing your preferences in your device’s location services preferences menu.
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   iv. Do-Not-Track
   Our Services do not respond to your browser’s do-not-track request. If you do not want information collected through the use of cookies, you can manage/deny cookies (and certain technologies) using your browser’s settings menu. You must opt out of third party services directly via the third party. For example, to opt-out of Google’s analytic and marketing services, visit Google Analytics Terms of Use, the Google Privacy Policy, or Google Analytics Opt-out.
10. HOW WE PROTECT YOUR PERSONAL DATA
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    While we endeavor to protect our systems, sites, operations and information against unauthorized access, use, modification and disclosure, we cannot guarantee that any information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others.
11. THIRD PARTY WEBSITES AND MOBILE APPLICATIONS
    
    We are not responsible for the privacy policies, content or security of any linked third party websites or mobile applications. We recommend that you check the privacy and security policies of each and every website and mobile application that you visit.
12. CHANGES TO OUR PRIVACY POLICY
    
    We reserve the right to change our Privacy Policy from time to time. Any such changes will be posted on this page. Your continued use of our Services constitutes your acceptance of any revised Privacy Policy.
13. ADDITIONAL RIGHTS: NEVADA
    
    The Nevada Revised Statutes (NRS 603A.300 et seq.) permit a Nevada consumer to direct an operator of an Internet website or online service to refrain from making any sale of any covered information the operator has collected or will collect about that consumer. You may submit a request pursuant to this directive by submitting a Privacy Update Request form by visiting https://bit.ly/ChirpGolf-PrivacyRequest. We will provide further information about how we verify the authenticity of the request and your identity.
14. ADDITIONAL RIGHTS AND DISCLOSURES: CALIFORNIA
    
    A. Your California Privacy Rights
    Under the California Consumer Privacy Act (“CCPA”) and other California laws, California residents may have the following rights, subject to your submission of an appropriately verified request. While we do not “sell” your personal information in the traditional and common understanding of selling or providing information in exchange for monetary compensation, California has defined ‘sell’ much more broadly to mean sharing Your information to any third party under circumstances where We may derive some benefit. Accordingly, the following incorporate this much broader definition of the word “sell”:
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    Right to Know: You may request any of following, for the 12 month period preceding your request: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties to whom we have sold your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
    
    Right to Delete: You have the right to delete certain Personal Data that we hold about you, subject to exceptions under applicable law
    
    Right to Non-Discrimination: You have the right to not to receive discriminatory treatment as a result of your exercise of rights conferred by the CCPA.
    
    Direct Marketing: You may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year.
    
    Opt-Out of Sale: If we “sell” of data (as defined by applicable law), you may direct us to stop selling your data to third parties for commercial purposes. To exercise this right to opt out, you may submit a Privacy Update Request form by visiting https://bit.ly/ChirpGolf-PrivacyRequest. We do not have actual knowledge that We sell the personal information of minors under 16 years of age.
    
    B. Submission of Requests
    You may submit requests by submitting a Privacy Update Request form by visiting https://bit.ly/ChirpGolf-PrivacyRequest.
    
    C. Verification of Requests
    All rights requests (except for requests to opt out of sales of data) must be verified. We may require that you provide the email address we have on file for you (and verify that you can access that email account) as well as other data we have on file, in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
    
    D. Data Processing
    
    i. Categories of Personal Data Disclosed for Business Purposes
    For purposes of the CCPA, we may disclose to Service Providers for “business purposes” the following categories of Personal Data: Biographical Data, Contact Data, Location Data, Device/Network Data, Commercial Data, Inference Data, Audio/Visual Data, User Data, and Sensitive Data.
    
    ii. Categories of Personal Data Sold
    We do not “sell” your Personal Data.
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    iii. Right to Know
    The following table summarizes our processing of personal data. See above for additional details regarding the categories described below.