Privacy & Cookies Policy

Effective Date: September 30, 2022

Introduction

This Privacy & Cookies Policy (“Policy”) explains how Mega Commercial Enterprises Limited, collects, uses, shares and processes your Personal Data when you use or access fitgolfeveryday.com website (collectively, the “Site”) or use any of our services, including our mobile applications (“Apps”), communication platforms, and any other related services we own (collectively the “Services”). The Policy also describes your rights regarding your personal data and explains how you can contact us to learn more about our data practices or to exercise your rights.

Please read our Terms and Conditions and this Policy before accessing or using our Services. If you cannot agree with this Policy or the Terms and Conditions, please do not access or use our Services.

By accessing, viewing, or using the content, material, products, or services available on or through the Site, you certify that you have read, understand, and agree to be legally bound by these Terms, as well as our Privacy Policy, each of which is incorporated by reference as if fully set forth herein. You further certify that you are 16 years of age or older and that you have all the necessary rights, power and authority to enter into this Agreement and perform the obligations set forth under this Agreement. You understand and agree that your use of the Site or any content, material, products or services made available on or through the Site (collectively, the “Services”) signifies that you fully accept and agree to these Terms of Use.

Right to modify this Policy: We may change this Policy from time to time, to reflect how we are processing your data, and if we make changes, we will notify you by revising the effective date or last modified date at the top of this Policy. If we make significant changes that materially affect your privacy rights, we will provide advanced notice and make that clear on the fitgolfeveryday.com website or other fitgolfeveryday.com Services, or by some other means of contact such as email, so that you are able to review the changes before you continue to use the Services. If you do not agree with the modified Policy, please discontinue the use of the Services or do not consent to the updates.

Instant information: In addition, we may provide you with real-time disclosures or additional information about the personal information handling practices of specific parts of our Services. Such notices may supplement this Policy or provide you with additional choices about how we process your personal information.

The Collection and Use of Your Personal Information

We respect the privacy of the visitors to our digital properties and the users of our products and services, and we are committed to protecting it through our compliance with this Policy. We collect personal information when you use our Services.

Pursuant to the EU General Data Protection Regulation the Data Protection Act 2018 (collectively, for purposes of this Privacy Policy, “GDPR”), personal information in this Policy is referred to as “personal data” as defined in the GDPR, and in this Policy can be interchangeably used with the term “personal information.” Personal Information does not include data that has been effectively irreversibly anonymised or aggregated so that it can no longer enable us or others, whether in combination with other information or otherwise, to identify you.

Your personal data is collected and used by us to support a range of different activities or business purposes. The types of personal data we may collect directly from you include:

  • contact information, including email address and password, to register with our website or app;
  • identity and contact information such as name, phone number and shipping address, as well as financial information or payment account information, for delivery, returns, refund, sales tax determinations, and payment operations;
  • transaction details, such as return and refund details, gift card number, and order history, in our Services, in order to fulfil basic functions, including processing your payment and return requests, and keeping you informed of the order status and shipping logistics;
  • IP location data, to tailor your experience in terms of displaying the appropriate local website, language, or user experience;
  • photographs you upload to our Services in accordance with our Terms and Conditions, to provide product advice and to allow you to voluntarily show other potential customers what items may look like when purchased or worn;
  • your communication history with us via various channels, such as email, phone, social media, mail, instant chat, and our customer service, to respond to your requests, as well as to keep you updated about your account and the Services;
  • contact information, such as phone number and email address, for telemarketing and email marketing purposes;
  • non-directly identifiable device identifiers, operating system information, and cookie information, to direct and measure the effectiveness of the advertising we offer;
  • data about how you engage with our Services, such as browsing, adding to your shopping cart, saving items, placing an order, and returns for market research, statistical analysis, and the display of personalised advertising based on your activity on our site and inferred interests;
  • contact and identity information, such as name, email address, and phone number, when you voluntarily enter into a competition, market survey, newsletter, event, or other marketing campaigns organised by us;
  • to share your personal data with third-party advertisers;
  • collect your device information, and usage data in our website or app for fault analysis, troubleshooting, and system maintenance, as well as setting default options for you, such as language and currency;
  • when you optionally provide such information, we may collect general personal data that cannot identify you, such as body shape, personal height, chest/waist/hip circumference, weight, and this information may be used by us to recommend clothing sizes or styles, personalisation, or to provide fit prediction services for you;
  • to share your personal data within and across our corporate organisation for our business needs and personalisation;
  • collection of your “like” records and votes when prompted as to your preference between two items, to provide preference setting options;
  • the display of information you choose to post on public areas of the Services, such as customer reviews;
  • information automatically collected through the Services, such as browser type, device information, operating system and account setting information for fraud prevention and detection and credit risk reduction;
  • log-in data for risk control and fraud reporting;
  • billing address to verify payment information;
  • identity information, such as ID- or passport-related information, for customs clearance purposes;
  • transaction history and certain identity information to handle and resolve legal disputes, for regulatory investigations purpose, and to comply with lawful requests from a competent law enforcement agency or court;
  • we may use your information for any other purpose disclosed to you prior to you providing us your personal information or which is reasonably necessary to provide the Services or other related products and/or services requested, with your permission or upon your direction.

Please note: When communicating with us by email or through forms on our Services, or when you publicly share content through our Services, we ask that you please do not send us any sensitive information pertaining to yourself or to others. We do not collect or store sensitive information or special categories of information.

Sharing Your Personal Data

We share your data with the following categories of companies as an essential part of being able to provide our services to you:

  • companies that do things to get your purchases to you, such as payment service providers, warehouses, order packers, and delivery companies;
  • brand partners that send purchases directly to you, order fulfilment service providers and customer service providers;
  • professional service providers, such as marketing agencies, advertising partners, website hosts, IT and software services, who help us run our business;
  • affiliates who help us reach out to potential new customers or promote our products on their websites;
  • payment service providers, credit reference agencies, law enforcement and fraud prevention agencies, so we can help tackle fraud;
  • we may disclose your personal information for any purpose with your consent;
  • we may disclose, without restriction, aggregated or anonymised information about the users of our Services, which is information that does not identify any specific individual.

You may choose to take advantage of some of our additional services, in which case, depending on your choices we may share your data with the following categories of companies to fulfil the services you have asked for:

  • Social Media sites (for example if you choose to use a social media account to login to fitgolfeveryday.com) and other companies approved by you;
  • product advisors to help you choose the right products;
  • marketplace sellers where you place a Marketplace order; and
  • other third party payment providers, when you choose to use their payment services

We may fully disclose your personal information—including account information, Wallet balance or points information—to a buyer, prospective buyer, corporate affiliate, or other successor based on our legitimate interests in the event of a merger, divestiture, restructuring, reorganisation, dissolution, or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding in which personal information held by us about our Services users is among the assets transferred. You acknowledge and agree to our assignment or transfer of rights to your personal information.

We do not, and will not, sell any personal data that directly identifies you to any third party. However, we may provide third parties such as our brand partners with information about our customers and their purchases. Before we do so, we will make sure that this information does not identify you, such as by aggregating it, anonymising it or removing personal identifiers from it.

Your Information and Countries Outside Europe

Mega Commercial Enterprises Limited is a global business with operations inside and outside of Ireland and we use suppliers and fulfilment centres located across the world. Some of these locations will not offer the same level of protection for your personal data as Ireland or the EU, but if we transfer your information to one of these locations we will take steps to ensure that your data and rights are protected through methods approved within the relevant Data Protection laws.  Please contact us if you would like further information about how we protect your transferred information.

Transfer of Your Personal Information

When you access or use our Services, your personal data may be processed or transferred outside the Ireland, including to the United States, the European Union, China, and other countries. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside.

For these transfers we rely on appropriate safeguards as permitted under the GDPR such as Standard Contractual Clauses, and/or we transfer the personal information pursuant to Article 49 (1) (b) of the GDPR to provide our Services pursuant to the Terms & Conditions. If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you reside, you should immediately stop accessing or using the Services. For further details about these transfers and the safeguards that we use to facilitate such transfers, please contact us by email at [email protected].

Advertising and Marketing Messages

If you give us your consent, we’ll send you marketing messages to keep you aware of what we’re up to and to help you see and find our products and services.

You can stop marketing messages from fitgolfeveryday.com using the following options:

  • Emails: You can click on the ‘unsubscribe’ link in any marketing email you receive, so you can unsubscribe from that method of communication.
  • Text Messages: You can also text “stop” to the number provided within the communication and this will unsubscribe you from that method of communication.
  • Any method of Marketing: You can contact us directly by email at [email protected]. Once you do this, we will update our records to ensure that you don’t receive further marketing messages.

If you tell us you don’t want to receive marketing messages it might take a few days for all our systems to be updated, so we would ask for your patience as you might get messages from us while we process your request.
Please note that opting out of marketing messages will not stop service communications, such as order updates, or where you have asked for a specific “back in stock” notification.

We use online advertising to keep you aware of what we’re up to and to help you see and find our products. You may see fitgolfeveryday.com banners and ads when you are on other websites and apps, such as Social Media. We manage this through a variety of digital marketing networks and ad exchanges. We also use a range of advertising technologies.

The banners and ads you see are based on information we hold about you, or your previous use of Site for example, your fitgolfeveryday.com search history, and the content you read on Site) or on fitgolfeveryday.com banners or ads you have previously clicked on.

For more information on our use of cookies please read the cookie section below.

Cookies and Other Tracking Technologies

We use cookies and similar technologies to give you a personalised shopping experience, personalised advertising and to analyse our web traffic. Cookies or tags are bits of code that allow our technology partners to collect information that usually does not directly identify you. If required by law, we will request your consent before using cookies or other tracking technologies. Information within this section describes our use of cookies and your ability to control the use of cookies for advertising-related purposes. As described below, we will not use cookies or similar tracking technologies that process your personal data, unless they are Strictly Necessary Cookies, or you consent, by using the cookie banner or consent manager found on our Site.

We use the following cookies and other tracking technologies:

Necessary Cookies – these cookies are essential for this site to work properly and they allow you to navigate the site and use our features, such as ‘Add to Bag’ and ‘Save for Later’. These cookies also allow us to measure and analyse how our customers use the site, to improve both its functionality and your shopping experience.

Customer preferences cookies – when you’re browsing or shopping on fitgolfeveryday.com, these cookies will remember your preferences (like your language or location) so we can make your shopping experience as seamless as possible and personalised to you.

Targeting or advertising cookies – these cookies are used to deliver ads which are relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing.

Personal Information Retention

We will retain your personal Data , including any correspondence you have with us, only for as long as is necessary for the purposes set out in this Policy, including retaining Personal Information in order to comply with our legal obligations, to resolve disputes, for information security purposes, and to and enforce our legal rights, terms, and policies.

Children and Minors

Our Services are not directed to, and we do not knowingly collect personal information from, children under the age of 16 or minors (as defined by applicable law). If you are a minor, please do not attempt to fill out our forms or send any personal information about yourself to us. If a minor has provided us with personal information without parental or guardian consent, the parent or guardian should contact us immediately, so we can remove the relevant personal information and unsubscribe the minor. If we become aware that a minor has provided us with personal information, we will take steps to promptly delete such information from our files. Uploading photographs showing other people, in particular if they are children or minors are prohibited.

Changes to Our Privacy and Cookie Policy 

If we decide to change our privacy policy, we will post those changes on this page.

If you have any questions, please contact us by email at [email protected].