Mobiplex™ Privacy Policy

Welcome to www.mobiplex.com (the "Site"), a website owned and operated by Mobiplex, Inc. ("Mobiplex," "us," or "we"). Mobiplex is the provider of the SwingTIP monitor and service. This Site contains information about our company and services, and provides the opportunity to purchase the services and associated equipment (the "Equipment"). In addition, Mobiplex maintains a restricted area of the Site made available only to users of the services (each a "Subscriber") which provides these registered users with the ability to manage the Subscriber's account and a dashboard of information about the Subscriber's activity levels as monitored through the SwingTIP services (collectively, the "Services").

We understand that the information we collect on the Site, through the SwingTIP monitor and other related services (collectively the "Services") is sensitive and that you are concerned about your privacy. With this in mind, we have prepared this Privacy Policy that describes our collection, use and disclosure practices so you can decide whether the SwingTIP Services are right for you.

So we are clear about the terminology we are using, when we use the phrase "Personal Information" in this Privacy Policy, we mean information about you that is personally identifiable to you, like your Contact Information, and other non-public information that is associated with your such information. "Contact Information" in this Privacy Policy means your name, physical address, e-mail address, and phone number(s). When we use the phrase "Anonymous Information" in this Privacy Policy, we mean information that is not associated with or linked to your Personal Information and that cannot be used to identify or contact you.

A Note About Children. The Site is not directed to children and children are not eligible to use our Services. Protecting the privacy of children is very important to us. We do not collect or maintain Personal Information from people we actually know are under 18 years of age, and no part of our Site or Services is designed to attract people under 18 years of age. If we later learn that a user is under 18 years of age, we will take steps to remove that user's Personal Information from our databases and to prevent the user from utilizing the Site and the Services.

A Note to Users Outside of the United States. The Services are for residents of the fifty United States and the District of Columbia only and may be used only in these jurisdictions. To the extent that you are accessing the Site from outside the United States, we notify you that your Personal Information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Information may be less stringent than the laws in your country. By submitting your Personal Information and using the Services from outside the United States, you are agreeing to the transmission and processing of your Personal Information in the United States ACCORDING TO THIS PRIVACY POLICY.

The Ways We Collect Information

Personal Information

If you are a Subscriber, we obtain Personal Information about you that you voluntarily provide to us or that is collected by the Equipment.

(a) Personal Information associated with a Subscriber. When you order the Services and purchase the Equipment through the Site, you will be required to provide us your Contact Information and Billing Information. You must pay the fees by having Mobiplex charge your credit card and your Billing Information will mean: (i) your name as it appears on the card, (ii) the credit card type (VISA, MasterCard, American Express or any other issuer then accepted by Mobiplex), (iii) a valid credit card number; (iv) the date of expiration of your credit card, (v) your billing address, and (vi) any activation numbers or codes needed to charge your card (b) When you register for the Services through the smart-phone app, you will provide your name, email address (which will be used as your user name) and password. You may also provide us with additional information if you decide to update your user profile.

When we provide the Services to you, we collect information about you through the Equipment. For example, sensors contained in the Equipment are designed to differentiate between different types of golf swings. We may make certain elements of the information collected by the Equipment and/or our analysis of such information available to you through the Services.

Of course, we also collect any information that you provide our customer service representatives in any correspondence with them or any communication through the phone or the Equipment.

Anonymous Information

As you use the Site or Services, certain Anonymous Information may be passively collected and stored, such as your Internet protocol address, domain names, browser type, and access times. We may also use Cookies (as defined below) and navigational data like Uniform Resource Locators (URLs) to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed. "Cookies" are small pieces of information that a website sends to your browser while you are viewing a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your browser until you delete them) to improve your experience on the Site (e.g., by keeping you logged in). Persistent Cookies can be removed by following your Internet browser help file directions. If you choose to disable Cookies, you may be logged out of the Dashboard after each visit.

The Ways We Use Information

If you are a Subscriber, we will use your Personal Information to administer the Account and provide the Services, communicate with you (and allow other group members to communicate with you through the messaging system), respond to your requests, collect subscription fees, improve the quality of the Site and Services, and provide you with other information that may be useful or interesting to you, including information about new or existing products and services that we or a third party may be making available.

We may contact you to send updates and other Service-related announcements when we believe it is necessary to do so. You may not opt-out of these communications, which are not promotional in nature, but if you do not wish to receive these announcements, you have the option of terminating your membership or affiliation with Mobiplex (provider of the SwingTIP service) by contacting us at support@mobiplex.com.

Additionally, certain Anonymous Information may be collected when you are browsing the Site. We may associate this information with your Personal Information and Account (thus making it no longer Anonymous Information), and we may use this information to improve and/or customize the content and layout of the Site. We may also use your Personal Information to create Anonymous Information records by de-personalizing or de-identifying the information. We may use these records, and other Anonymous Information, to analyze usage patterns so that we may enhance the Site or Services.

The Ways We Disclose Information

We may disclose Personal Information:

To third party vendors who help us provide the Services or Site (e.g., payment processors and the operator of a call center), but only if they are contractually obligated to use the information solely for the purpose of providing the contracted services;

To a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, "Affiliates"), in the event Mobiplex has such Affiliates in the future, in which case we will require our Affiliates to honor this Privacy Policy;

To a company that merges with, acquires, or purchases the assets of, Mobiplex, in which case such company may continue to process your Personal Information as set forth in this Privacy Policy; or

If we believe in good faith that such disclosure is necessary to (a) resolve disputes, investigate problems, or enforce our Terms of Service or Subscriber Agreement; (b) comply with relevant laws or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity, in which case we can (and you authorize us to) disclose Personal Information without subpoenas or warrants served on us; or (c) protect and defend the rights or property of Mobiplex, you, or third-parties.

We may disclose Anonymous Information to:

Third party vendors who may help us enhance or provide the Site or Services; or
To third parties to whom you ask us to send Personal Information.

Security

Mobiplex has put in place commercially reasonable and appropriate physical, electronic, and managerial procedures to safeguard and secure your Personal Information. Among the security measures taken is a login process requiring a password and username that you select and SSL Technology. If you become aware of any loss, theft or unauthorized use of your password, please contact Mobiplex Customer Care by email at support@mobiplex.com.

How You Can Update or Delete Your Information

If you are a Subscriber, you may update your Personal Information in the Dashboard. You may request deletion of your Personal Information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from the active database, but may remain in our archives and we may also retain Anonymous Information about your use of our Services.

Information Disclosed to Third Parties

This Privacy Policy addresses only our use and disclosure of information we collect from and/or about you. If you disclose information to others, different rules may apply to their use or disclosure of the information you disclose to them.

The Site may contain links to other websites that are not owned or controlled by Mobiplex. The provision of such links is for your convenience and does not signify our endorsement of such websites or their contents. We have no control over, do not review and are not responsible for the privacy policies of or content displayed on such other websites. When you click on such a link, you will leave our Site and go to another site. During this process, another entity may collect Personal Information or Anonymous Information from you.

Changes to this Privacy Policy

This Privacy Policy is subject to revision from time to time on a going-forward basis. We will post any revised version of the Privacy Policy on this page. Continued use of our Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Any changes to this Privacy Policy may affect our use or disclosure of Personal Information collected prior to the changes. If you do not agree to any of the changes, you must notify us prior to the effective date of the changes that you wish to terminate your subscription or affiliation with us. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Contact Us

If you have any questions or suggestions regarding our Privacy Policy please contact us by sending us an e-mail to info@mobiplex.com