Privacy Policy
Last Updated: November 3rd, 2020
ClubShare, LLC ("we," “us” or "ClubShare") is committed to protecting your privacy and informing you about how your information is used. In order to provide you with our Service, we need to collect certain information about you. This policy describes the types of information we may collect from you or that you may provide when you visit the Platform, and our practices for collecting, using, maintaining, protecting and disclosing that information. This policy applies to information we collect: 1) On this Platform; 2) In e-mail, text and other electronic messages between you and this Platform; and/or 4) When you interact with our advertising and applications on third-party websites and services if those applications or advertising include links to this policy. It does not apply to information collected by us offline or through any other means, including on any other websites operated by ClubShare or any third-party (including our affiliates and subsidiaries), or any third-party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Platform. We will not use or share your information with anyone except as described in this Privacy Policy. Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Service.
By accessing the Platform and/or the services offered by ClubShare via the Platform (the “Services”), you agree and consent to the terms and practices referred in this Privacy Policy, as amended from time to time, and you hereby grant to us your prior and informed consent for the use and treatment of your information as described herein. If you do not agree to this Privacy Policy in its entirety, please do not access or use the Platform or Services. Should you have any questions about the Privacy Policy, please contact support@clubshare.com. Where required by law, ClubShare shall be deemed the data controller or the person responsible and in charge of the treatment or use of the Information.
The following Privacy Policy, together with any documents they expressly incorporate by reference govern each user’s (hereinafter, “you,” “your,” “Member,” or “User”) access to and use of the ClubShare website, including any subdomains thereof, and any other websites through which ClubShare makes the ClubShare website available (collectively, “Site”), any mobile applications and application interfaces (collectively, “Application”), and all associated services offered on or through ClubShare.com or by ClubShare (hereinafter collectively, the “ClubShare Services”), whether as a guest or registered User. The Site, Application and ClubShare Services together are hereinafter collectively referred to as the “Platform”.
We provide the Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States, or accessible or appropriate for non-United States residents. Access and submission of any information or date to the Platform may not be legal by certain persons or in certain countries.
1. Information collected
We collect several types of information from and about users of our Platform, including your personal and non-personal information (the “Information”) in two ways: (i) Information that you provide; and (ii) Information that is automatically collected. Your provision of personal information is completely voluntary. We do not collect personal information unless you submit that information to us. Types of data we collect include: 1) Financial Data, which includes credit card, debit card, bank account, or other payment details. 2) Transaction Data, which includes details about payments to and from you. 3) Technical Data, which includes internet protocol (IP) address, location data, your login data, and device and browser information; 4) Profile Data, which includes your username and password, your listing and reservation information and history, and preferences. 5) Usage Data, which includes information on how you use the Platform and any third party sites linked to from the Platform. 6) Marketing and Communications Data, which includes your preferences in receiving marketing from us. We collect this information 1) Directly from you when you provide it to us; 2) automatically as you navigate through the site (information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies); and/or 3) from third-parties, for example, our business partners, including identity verification companies, payment processors and/or service providers, and insurance companies.
1.1. Information you provide
To register for an account on the Platform and use some of the Services, you may need to provide us by filling in forms on our platform, such as your full name, age, e-mail address, mailing address, telephone number, credit card or other payment method information, billing information. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Platform; 2) Records and copies of your correspondence (including e-mail addresses), if you contact us or other users or members of the Platform; 3) A copy of your Profile or Listing photos; 4) Your responses to surveys that we might ask you to complete for research purposes; 5) Details of transactions you carry out through our Platform and of the fulfillment of your rental and purchase requests; 6) Financial information before placing an order through our Platform. Your search queries on the Platform; 7) Rental or purchase data; 8) Listing data; and/or 9) Information that you may provide to be published or displayed (hereinafter, “posted”) on public areas of the Platform, or transmitted to other users of the Platform or third-parties (collectively, “User Contributions”). Providing us with such Information is a decision that you make in a free, voluntary and independent manner. You may provide your Information by entering it as instructed in the Platform, or by logging into your online account (“SMSP Account”) with a social media service provider (“SMSP”), including but not limited to your Facebook account. You agree that by logging into these SMSP Accounts you authorize us to access to it and the Information and contents published therein, such as photographs, profile pictures, and name and location of contacts. Furthermore, you represent that such authorization (i) does not violate the terms and conditions or the privacy policy governing the services provided to you by the SMSP; and (ii) does not cause us to pay any fee for such access. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your Account, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Platform with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. ClubShare reserves the right to use any information you provide for any reason at any time. This can include any information either manually or automatically collected on our site or through a plug-in or third-party service. This could include using your address to mail you gifts or promotions from time to time. We do not solicit or sell any information inputted on the site.
You may choose to provide additional personal information for your ClubShare Profile, such as photograph(s), biographical information, and website URLs. You may choose to provide additional information when you create a Listing, such as photographs and descriptions of your listed item(s). If any of the content you upload, share, and/or distribute via the Platform contains personal information about yourself and/or others, such information may be stored as well.
In renting Equipment via the Platform, you may choose to submit to us a COI or link an Insurance policy to your ClubShare account. The applicable Insurance policy may include personal information, and you authorize us to collect additional information from the applicable insurance company, including without limitation information related to your owned equipment.
The Platform may provide a referral service that allows you to invite your friends and contacts to use the Platform or write a reference about you, to be published on your public profile. We may integrate the Platform with third-party sites such as Facebook so that you can send invitation messages or requests for references via the third-party site itself. These messages will be sent by the third-party site, and ClubShare does not collect or retain the contact information that is used to send them. You may also send invitation/request emails via the Platform, in which case we will ask you for the email addresses to send these emails to. We will use the information sent to us for the purpose of sending your friends and contacts a one-time email, inviting him or her to visit the Platform or to write a reference for you. With respect to referrals, we will also store the email addresses of your invitees to track if your friends join ClubShare in response to your referral.
1.2 Information automatically collected
We may automatically receive, collect and record information such as 1) Details of your visits to our Platform, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Platform; and/or 2) Information about your computer and internet connection, including your IP address, operating system, and browser type. We also may use these technologies to collect information about your online activities over time and across third-party Platforms or other online services (behavioral tracking). The Platform may use cookies, a type of technology that installs a small data file on a website user’s computer or other device to permit a website to, for example, recognize future visits from that computer or device. Cookies allow the Platform to recognize you and tailor the Platform and Services to your tracked preferences. You may limit or delete the cookies enabled by us by modifying the settings of your browser, and you may set your browser to inform you when cookies are enabled. We may engage third-party vendors to use your information in connection with their own information to deliver targeted advertising to you when you visit the Platform or other websites. Cookies, described above, may be used in this process. As you use the Internet, a trail of electronic information is left at each website you visit. This information sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. For example, clickstream data can tell the type of computer and browsing software you use and the address of the website from which you linked to the Platform. The Platform may collect and use clickstream data as a form of aggregate information to anonymously or non-anonymously determine how much time users spend on each page of the Platform, how users navigate through the Platform and how we may tailor the Platform to better meet the needs of users. The information often will be used to improve the Platform and Services. The collection or use of clickstream data will be aggregated and will not intentionally contain any personal information. This is determined by the method of data collection. The Platform may collect location information, browsing behavior, click information, page visits on the site etc. including as provided by a mobile or other device interacting with the Platform (including through beacon technologies) or associated with your IP address, where we are permitted by law to process this information. Email support@clubshare.com information on how you can opt out of behavioral tracking on this Platform and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking. ClubShare uses a plug-in called Lucky Orange, please refer to their site and terms for more information about what is applied, collected, used, etc. We do not track this behavior once the user leaves the site. By accessing the site, as mentioned above, you agree to these terms. If you do not agree, you must leave the site.
2. Use of the Information
We use information that we collect about you or that you provide to us, including any personal information: 1) To present our Platform and its contents to you; 2) To provide you with information, products or services that you request from us; 3) To fulfill any other purpose for which you provide it; 4) To provide you with notices about your account/subscription, including expiration and renewal notices; 5) To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, and you and other users, including for billing and collection; 6) To provide other users of this Platform submitted copies of your government-issued identification document and other identification documentation or information to provide to law enforcement or a court of law for identification purposes in the event of any disputes or police reports; 7) To notify you about changes to our Platform or any products or services we offer or provide though it; 8) To allow you to participate in interactive features on our Platform; 9) To allow you to purchase insurance, through our insurance partners; 10) In any other way we may describe when you provide the information; and/or 11) For any other purpose with your consent. We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile or email us at support@clubshare.com. We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
2.1 Text Message Consent and Opt-Out
You agree that by providing your mobile phone number you expressly consent for us to contact you with informational or transactional messaging only. Message and data rates will apply and you should check the rates of your mobile carrier. You can opt out from further text marketing communications by texting STOP to the SMS number used by ClubShare to contact you.
3. Third-Party Links and Social Networking Services
The Platform may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our “Platform”, we encourage you to read the privacy policy of every website you visit. The Platform may integrate with various social networking services. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with the Platform, we are doing so merely as an accommodation and, like you, are relying on those third party services to operate properly and fairly. You should be aware that Information which you voluntarily include and transmit online in a publicly accessible blog, social network, or otherwise online may be viewed and used by others. We are unable to control such uses of your Information, and by using such services, you assume the risk that the Information provided by you may be viewed and used by third parties.
4. Access to the Information
You may have access to your Information collected by us by providing written request to support@clubshare.com. You may access your personal data (or to exercise any of the other rights) free of charge. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances. 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. If you delete your User Contributions from the Platform, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Platform users. Proper access and use of information provided on the Platform, including User Contributions, is governed by our Terms of Service.
5. Data Security
We have put in place appropriate security measures to prevent information about you from being accidentally lost, used or accessed in an unauthorized way, altered, or disclosed; however, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online. We have put in place procedures to deal with any suspected data breach that will affect you and will notify you and any applicable regulator of a breach where we are legally required to do so. Where we have given you (or where you have chosen) a password for access to certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Platform. The information you share in public areas may be viewed by any user of the Platform.
6. Data Retention
We will only retain your information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements. To determine the appropriate retention period for your Information, we consider the amount, nature, and sensitive of the Information, the purpose for which we process your Information and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances, you can ask us to delete your data (see Request erasure below for further information). In some circumstances, we may anonymize information about you (so that it can no longer be associated with you) for research or statistical purposes in which case we may use and retain this information indefinitely without further notice to you.
7. California Policy
If you are a California resident this section applies to you. Under California law, California residents have the right to request in writing from businesses with whom they have an established business relationship: (i) a list of the categories of personally identifiable information, such as name, email address, and mailing address and the type of services provided to the customer that a business has disclosed to third party (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (ii) the names and addresses of all such third parties. To request the above information, please contact us at support@clubshare.com. If you do not want your personally identifying Information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to support@clubshare.com.
8. Children’s Information
Our Platform is intended, offered, and available to Users who are eighteen (18) years of age or older who can form legally binding contracts. By using the Platform, you represent and warrant that: 1) you are at least eighteen (18) years old; 2) you can form a binding contract with ClubShare and other Users; 3) you submitted accurate and truthful account, registration, identity, and verification information and documents; and 4) you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform. Any use of the Platform by anyone under eighteen (18) is expressly prohibited. If we become aware that a minor has provided his/her Information, we will have the right to remove or delete such information and to make our best efforts in limiting the access of the minor to the Platform and Services. If the minor’s parents become aware that their child is accessing the Platform, using the Services and/or providing us with his/her Information, they shall immediately contact us at support@clubshare.com. We are not responsible for the practices employed by websites linked to or from the Service, nor the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website's own rules and policies. Please read over those rules and policies before proceeding.
9. Modifications to Privacy Policy
We reserve the right, at our discretion, to change, modify, add or remove portions of this Privacy Policy at any time. However, if at any time in the future we plan to use your information that materially differs from this Privacy Policy, we will post such changes here or email you. We encourage you to periodically review the Platform for the latest information on our privacy practices. You are bound by any changes to the Privacy Policy when you use the Platform and/or Services after such changes have been first posted.
10. Contact Us
If you have any questions about this Privacy Policy, please contact us at support@clubshare.com