Swing Genius Privacy Policy
Effective Date: 11/11/2024
Overview
This privacy policy applies to information collected about you by the Swing Genius Application ("Application") available on the Meta Quest Store for the Meta Quest 3 headset, and provided by Swing Genius, Inc. ("Swing Genius" or "we"). This policy describes the types of information we may collect from you or that you may provide when you download, register with, or use the Application, and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
In the Application.
In electronic messages between you and us.
This policy does not apply to information collected by:
Us offline or on any websites operated by Swing Genius; or
Any third party, including Meta, which may link to or be accessible from or on the Application. Please read Meta's privacy policy regarding information it collects from users of Meta's services, including the Meta Quest Store, at https://www.facebook.com/privacy/policy.
Please read this notice carefully to understand our policies and practices regarding your information and how we will treat it. By downloading, registering with, or using this Application, you agree to this privacy notice. If you do not agree with our policies and practices, please do not download, register with, or use this Application. This notice may change from time to time. Your continued use of this Application after we make changes is deemed to be acceptance of those changes, so please check the notice periodically for updates.
Age Restrictions
Our Application is not intended for users who are under 13 years of age. We do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete the account. If you are a parent or guardian of a child under 13 and believe we might have any information from or about a child under 13, please contact us per the Contact Information section at the end of this policy.
Please note that our restriction of the Application to users age 13 and older differs from Meta's terms of service regarding Meta Platforms Technologies Products which provides a process for a parent or guardian of a child ages 10 to 12 to set up a Meta account. Swing Genius does not have a process to accommodate a policy similar to Meta. Accordingly, a parent or child is not permitted to set up a Swing Genius Account that would allow us to collect personal information of a child under age 13.
We recommend that users under the age of 18 review this privacy policy with a parent or guardian to ensure they understand it.
Information We Collect & How We Collect It
We collect information from and about users of our Application: (a) directly from you when you provide it to us; and (b) automatically when you use the Application.
Information You Provide to Us
When you download, register with, or use the Application, we might ask you to provide information:
By which you may be personally identified, such as your email address ("personal information").
That is about you but individually does not identify you, such as your golf preferences, skill level, and golf motions while using the Application.
The personal information collected when you download, register, or use the Application may include:
Email address. Currently the only personal information requested on our Application registration form is your email address – we do not request your name, address, date of birth, phone number, or any financial related information. If you do not want us to have your email address, you can register for an Anonymous Account. Please note that without your email address, this will limit our ability to communicate with you about Application features, improvements and other information that may aide in your use of the Application.
IP Address and Geolocation Data collected by the third-party analytics tool that we use. Although we do not use your IP Address to identify an individual using the Application, we cannot guarantee that the third party supplying us with the analytics tool cannot do so. See the Usage Analytics section below for further information.
Records and copies of your correspondence (including email addresses) if you contact us.
Your voluntary responses to surveys that we may ask you to complete for research purposes.
Any other information you provide to Swing Genius that identifies you.
The information we collect that does not identify you includes:
Data about your use of the Application and its features, such as Projects, Spatial Blueprints, Motion Replays, Smart Objects, Expert Objects and when you use or request other Application features. See www.swinggenius.com for more information about Application features.
Aggregate usage data regarding the use of the Application and its features by users. See the Automatic Data Collection section below.
Information You Provide to Other Users
The Application allows you to choose whether to share your Spatial Blueprints with other users of the Application. If you choose to share your Spatial Blueprints, you do so at your own risk. For example, users with whom you share your Spatial Blueprints may re-share your Spatial Blueprints with other Application users or allow non-Application users to view them. We have no control over, and are not responsible for, the actions of other Application users with whom you choose to share your Spatial Blueprints.
Automatic Data Collection
When you download, access, and use the Application, we may use technology to automatically collect:
Usage Details. When you access and use the Application, we may automatically collect certain details of your access to and use of the Application, including traffic data, logs, and other communication data and the resources that you access and use on or through the Application. We collect aggregate data (data that does not personally identify users) that informs us how long users are on the Application and the features they are using. Aggregate data cannot be tied to a specific user.
Spatial and Motion Data. We collect spatial data related to your Projects, Spatial Blueprints, Smart Objects, Expert Objects, and Motion Replays. This includes the placement, scale, and rotation of virtual objects in your space, as well as motion capture data from your headset and controllers for Motion Replays generated by you, the user of the Application. The spatial data you create is tied to your account which is tied to your email address if your account is not an Anonymous Account.
If you do not want us to collect this information, do not download, register with, or use the Application.
User Analytics
We use Firebase, a product of Google, as our backend service for authentication, data storage, and analytics. Firebase collects and processes data according to its own privacy policy set forth at https://firebase.google.com/support/privacy. Our use of Firebase includes:
Authentication data for both Anonymous Accounts and Permanent Accounts.
Storage of your Projects, Spatial Blueprints, and Motion Replays.
Anonymous usage analytics to help us improve the Application.
We use Google Analytics and Firebase to provide analytics on use of the Application. Google and Firebase collect geolocation data. It may be possible to tie a user who has supplied their email address for a Permanent Account to a broad geolocation, such as their country.
Third-Party Information Collection
When you use the Application, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
Meta, as the platform provider for the Meta Quest 3 headset. See the Meta Platforms Technologies Products Privacy Policy at https://www.meta.com/legal/privacy-policy/
Firebase, as our backend service provider (as discussed above).
These third parties may use tracking technologies to collect information about you when you use the Application. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different applications.
In addition, the Application contains links to our Discord server, where users can find product support, tutorials, and discussions. When you leave our Application to visit Discord, you will be subject to Discord's own privacy policy and terms of service.
We do not control any third party's use of tracking technologies, the personal information any third party collects, or how any third party uses personal information.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
Provide you with the Application and its contents, and any other information, products or services that you request from us.
Fulfill any other purpose for which you provide it.
Give you notices about your account.
Carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
Notify you about changes to our Application or any products or services we offer or provide through it.
Allow you to participate in interactive features on our Application.
Improve, troubleshoot, analyze, or develop new features regarding the Application (see below).
In any other way we may describe when you provide us with your information.
For any other purpose with your consent.
Application Improvements, Troubleshooting, Feature Developments. We may use anonymous spatial information from user-generated Spatial Blueprints and Motion Replays to better understand how users are using the Application and to inform future feature development. The spatial information we collect, including data from Spatial Blueprints and Motion Replays, is stored in local-space coordinates relative to the Meta Quest headset and uses UTC time. This means that no geo-location data is collected. When we use this data for app improvement, troubleshooting, analysis, or feature development, we do not harvest any personally identifying information about users.
Data Retention
We currently retain the information that you provide to us (including but not limited to Projects, Spatial Blueprints, and Motion Replays). We may implement a more specific data retention policy in the future, which would be reflected in updates to this privacy policy. We cannot delete any personal identifying information except by through deletion of the user's account.
International Data Transfers
Information stored in Firebase is processed according to Firebase's own processing policies. Swing Genius does not intentionally transfer the information it collects outside of the United States.
Our Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. In addition, we may disclose personal information that we collect or you provide:
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business, including Firebase.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Swing Genius's assets.
To fulfill the purpose for which you provide it, such as sharing Spatial Blueprints with other users when you enable sharing.
For any other purpose disclosed by us when you provide the information.
With your consent.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce our rights arising from any contracts entered into between you and us, including the End User License Agreement.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Swing Genius, our customers, or others.
The Application contains links to our Discord server, where users can find product support, tutorials, and discussions. Please note that when you leave our Application to visit Discord, you will be subject to Discord's own privacy policy and terms of service.
Your Choices About Your Information
Account Information: You can review the personal information contained in your account profile by logging into the Application and visiting the settings page. You may also send us an email at legal@swinggenius.com to request access to, correct, or delete personal identifying information that we have retained about you. We cannot delete your personal identifying information except through the deletion of your user account.
Anonymous Accounts: If you initially chose to use an Anonymous Account, you can convert it to a Permanent Account at any time through the settings menu in the Application. This will ensure you don't lose your progress if you lose your device or reinstall the Application.
Promotional Communications: If you do not wish to have your contact information used by Swing Genius to promote our own products or services, you can opt-out by sending us an email stating your request to legal@swinggenius.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
Data Portability: At this time, we do not offer public-facing capabilities for users to download their account information. If you have specific data portability requests, please contact us at legal@swinggenius.com, and we will consider such requests on a case-by-case basis.
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All sensitive information you provide to us, such as passwords, is encrypted using AES-256 encryption when processed on-device.
Unfortunately, however, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Application. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures we provide.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
In the event there is a breach of your personal information under applicable law, we will promptly notify affected users, Meta and/or Firebase as appropriate. We will notify affected users via email for those with a Permanent Account and via an in-app notification for those with an Anonymous Account.
Updates and Notifications
We will notify users of any changes to this privacy policy via email for those with a Permanent Account and via an in-app notification for those with an Anonymous Account. Please ensure your contact information is up to date to receive these important notifications.
Changes to Our Privacy Policy
We may update our privacy policy from time to time. If we make material changes to how we treat our users' personal information, we will post the new privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting this privacy policy to check for any changes.
Cookies and Similar Technologies
Our Application does not use cookies, pixels, or any similar online tracking technologies to monitor a user's internet browsing activities.
Compliance with Privacy Regulations
While we strive to adhere to best practices in data privacy, Swing Genius does not currently claim compliance with any specific privacy regulations beyond what is stated in this policy. We continually review our practices and may update this policy if we implement compliance with additional regulations in the future.
Meta Quest Integration
While our Application is designed for use with Meta Quest devices, we do not rely on any platform-specific features provided by Meta beyond what is stated in this policy.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
Swing Genius, Inc.
Legal Dept.
325 W 8th Street, Unit 1110
Los Angeles, CA, 90014
101736228.3