TPI PRIVACY POLICY

Last Updated: November 4, 2022

ACTPI LLC (“TPI”), we respect your privacy and are committed to maintaining your trust. This privacy policy (“Privacy Policy”) applies to visitors of our website and users of the TPI Services.

This Privacy Policy outlines how we safeguard and manage the personal information that you submit to us or that your TPI Certified Professional provides to us about you through:

• our website (“MyTPI.com”)
• our business management software products including applications (“Software Service”),
• our social media pages,
• HTML-formatted email messages that we send to you that link to this Privacy Policy,
• and any other products and services offered through any other venues, websites and mobile applications that direct you to this Privacy Policy.

Collectively the “TPI Services”.

When you access or use the TPI Services, you agree to the terms and conditions of this Privacy Policy and that the information contained in this Privacy Policy serves as notice at or before the point of collection for all information collected as described below.

---

What is “Personal Information”?
Personal information is any information that identifies you, or by which your identity could be deduced.

What Types of Services Does TPI offer?

• TPI Certification Programs (Levels 1, 2 and 3) – These are self-paced or instructor-led training programs for golf, fitness and medical professionals to acquire TPI Certification.
• Professional Development Programs - These are self-paced or instructor-led programs for developing or deepening coaching and subject matter knowledge available to both TPI Certified and general consumer customers (Ex. Online video classes, non-Certification seminars).
• Software Service (MyTPI App, MyTPI Pro App and MyTPI ProSite) - This is a program offered to TPI Certified Professionals who maintain “Active” membership status whereby they use our software platform and curriculum materials as tools to develop their own golf-fitness performance programs for coaching their clients. The TPI Certified Professionals and their clients have separate contractual arrangements between them for the coaching services of the Software Service.
• TPI Online Store Products – These are golf-performance or TPI branded products available to all customers.

---

1. Categories of Personal Information We Collect

While the Personal Information we collect varies depending upon the nature of the TPI Services provided or used and our interactions with individuals, Personal Information we may collect or obtain includes:

• Contact details (e.g., name, address, email, telephone number),
• Personal details (e.g., date of birth, gender),
• Financial and transaction data (e.g., purchase history, account information, shipping and billing information, including credit card information etc.),
• Other TPI Services related data (e.g., customer requests, statistics, etc.),
• Geolocation data with your permission (e.g. geolocation data sent via a mobile device),
• Online identifiers (e.g. IP address, Device IDs, etc.), and
• Cookie-related data as described below and as detailed in our Cookie Policy.

2. How We Collect Information

We collect information about you whenever you use the TPI Services, for example:

• If you create an account through MyTPI.com, we may ask for Personal Information such as your name, email and Other Information (ex. Your profession).
• If you initiate a transaction through the TPI Services, such as a purchase, we may collect information about you, such as your name, email, phone number, address, credit card information, as well as any other information you provide in order to process the transaction. We may also store information that your computer or mobile device provides to us in connection with your use of the TPI Services, such as IP address, operating system, device ID, and device type.
• If you are a TPI Certified Professional, after completing Certification, we will ask you for additional personal information in order to set up your Expert Profile (to market your services to potential clients) which may include your professional credentials and licensees, alternate contact information, your full home address, your business address, your photograph and other personal information you wish to include in your Expert Profile.
• If you are a client of a TPI Certified Professional who utilizes the Software Service, your TPI Certified Professional will forward to us your name and email address for us to invite you to sign up.
• If you are the client of a TPI Certified Professional who utilizes the Software Service, we also collect Personal Information when you engage with the TPI Certified Professional, such as your name, email, photograph (optional) and Other Information such as height, weight, handedness, gender, etc.
• If you attend one of our events (e.g., a webinar, or seminar), we may ask for your feedback, contact details or other information to follow-up with you, such as to send you marketing communications consistent with your choices.
• We may also store information that your computer or mobile device provides to us in connection with your use of the TPI Services, such as IP address, operating system, device ID, and device type.

You do not have to provide us with certain Personal Information, however, if you do not provide or enable us to collect the necessary information, we may not be able to provide the TPI Service. If you disclose any Personal Information relating to other people to us or to our service providers in connection with the TPI Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

Note: If you are a client of a TPI Certified Professional, you and the TPI Certified Professional will enter into a separate contractual arrangement that does not involve TPI. TPI is not responsible for and disclaims all warranties and liabilities with respect to your contractual arrangements with your TPI Certified Professional, including, without limitation, any payment arrangements to which you and your TPI Certified Professional may agree.

3. How Personal Information May Be Used

We may use your Personal Information for legitimate business purposes, including:

• To provide the functionality of TPI Services and related support.
  • To create, and administer accounts, fulfill and record transactions, and provide you with related assistance (e.g., technical help, answer inquiries relating to Personal Information, etc.).
  • To send administrative information to you, for example, information regarding our services and changes to our terms, conditions, and policies.
  We will engage in these activities to manage our contractual relationship with you, with your consent, and/or to comply with a legal obligation.
• To provide you with marketing and promotional materials and opportunities and facilitate social sharing.
  • To send you marketing communications and offer other materials that we believe may be of interest to you, such as to send you newsletters or other direct communications.
  • To share information with other marketers (and their service providers) to permit them to send you marketing communications, consistent with your choices.
  • To allow you to participate in sweepstakes, contests or similar promotions.
  • To facilitate social sharing functionality if you choose to do so.
  We will engage in this activity with your consent, to manage our contractual relationship with you, or where we have a legitimate interest.
• For reporting and trending.
  • To better understand you and our other users, so that we can tune and personalize our offering.
  • For trending and statistics, and to improve our products and services
  We will engage in this activity because we have a legitimate interest.
• To accomplish our business purposes.
  • For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements.
  • For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft.
  • For responding to legal duties, such as requests from public and government authorities.
  • To defend our legal rights or those of others.
  We will engage in these activities to comply with a legal obligation or because we have a legitimate interest.

To the extent that we process your Personal Information based on your consent, you may withdraw your consent at any time.

4. What and How Personal Information May Be Disclosed

Certain privacy laws require that we disclose certain information about the categories of Personal Information (as defined by applicable law) that we have disclosed for a business purpose as well as the categories that we have “sold” as defined under applicable law.

Disclosed for a business purpose. In general, we may disclose the following categories of Personal Information (as described above in more detail) to our Partners and Service Providers to provide the TPI services:

• Contact details,
• Personal details,
• Financial and transaction data,
• Other TPI Services related data,
• Geolocation data,
• Online identifiers, and
• Cookie-related data.

We do not sell your data.
We may disclose your Personal Information:

• To our integrated partners and service providers who provide services to us or to our TPI Certified Professionals, such as website hosting, data analysis, payment processing services, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing and other similar services.
• If you are a client of a TPI Certified Professional and are using our Software Service to interact with that TPI Certified Professional. Please contact the TPI Certified Professional you interact with directly for more information on that TPI Certified Professional’s privacy practices.
• To third parties to permit them (or their own customers) to send you marketing communications, consistent with your choices.
• To other website users as well as to your social media account provider, in connection with your social sharing activity, such as if you connect your Facebook account to your TPI App account or our social media pages.
• In the context of a corporate transaction. If TPI is involved in a sale or business transaction (e.g., merger or acquisition), TPI will retain a legitimate interest in disclosing or transferring your Personal Information to other parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), including in any negotiations leading to such. Such parties may include, for example, an acquiring or target entity and its advisors.
• When we are required our authorized by law to do so, for example if a court issues a subpoena
• Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information. If we combine any Other Information with Personal Information, we will treat the combined information as Personal Information.

5. Privacy Rights regarding your Personal Information

This section provides specific information for California residents, as required under California privacy laws, including the California Consumer Privacy Act (“CCPA”) as well as other jurisdictions and regulations that allow for individual privacy rights such as the European Economic Area, the United Kingdom, and the General Data Protection Regulation (“GDPR”).

Explanation of Individual Rights

Right to a Copy/Access or Portability: You may have the right to request, free of charge, a copy of the specific pieces of Personal Information that we have collected about you (in which TPI acts as the controller), in a readily useable format that allows you to transmit this information to another entity without hindrance.

Right to Know: You may have the right to request, free of charge, that we provide certain information about how we have handled your Personal Information, including the categories of Personal Information collected; categories of sources of Personal Information; business and/or commercial purposes for collecting your Personal Information; categories of third parties/with whom we have shared your Personal Information; and whether we sell any categories of Personal Information to third parties (however, we do not sell your Personal Information).

Right to Deletion: You may have the right to request deletion of your Personal Information that we have collected, subject to certain exemptions. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). We may also retain residual information, such as records to document that your request has been fulfilled.

Right to Non-Discrimination: You may have the right not to receive discriminatory treatment on the basis of exercising your privacy rights under applicable law.

Right to Correct/Rectify: You may have the right to rectify any incorrect Personal Information we may hold about you.

Right to Object/Restrict: You may have the right to object to a specific use of your Personal Information as it is laid out in this Privacy Policy subject to our legitimate business interests.

Submitting a Request
Where applicable law allows for such a right, if you would like to request to access, correct, object to the use, restrict or delete Personal Information that you have previously provided to us, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may submit a request by contacting contact us at cs@mytpi.com with the subject line "Data Subject Request". We will respond to your request consistent with applicable law.

If you are a client of a TPI Certified Professional you may, depending on the TPI Service utilized, be able to access, correct or request deletion of Personal Information that you have previously provided to us through your customer account. These Data Subject Requests and other rights, including objection, restriction and portability (to the extent this right to data portability is provided to you by applicable law), can also be made directly to the relevant TPI Certified Professional.

For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. Where applicable law allows for an authorized agent to submit such a request, please contact us at cs@mytpi.com with the subject line "Data Subject Request – Agent Request" and someone will be in touch with the agent to verify the request. We will try to comply with your request as soon as reasonably practicable. Moreover, where you are a client of a TPI Certified Professional, TPI may need to forward your request and refer you to your TPI Certified Professional who may be better placed to address your request.

If you are under 18 years of age and a user of the TPI Services, you may also be entitled to ask us to remove content or information that you have posted to the TPI Service by submitting a Support Request at cs@mytpi.com. Please note that your request does not ensure complete or comprehensive removal of the content or information if doing so infringes on the rights of another user.

If you are a client of a TPI Certified Professional of one of our TPI Certified Professionals and would no longer like to be contacted by one of our TPI Certified Professionals or would like to request the exercise of a right as set out above in relation to Personal Information held by a TPI Certified Professional, please contact the TPI Certified Professional directly.

6. Your choices regarding our use and disclosure of information

Information we collect may be used by TPI for marketing purposes such as one-off promotional emailing, mobile text messages, direct mail, and sales contacts. We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may:

• Opt-in or opt-out from receiving electronic communications from us: If you are a user of the Services and no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by changing your preferences in your account settings or following the unsubscribe prompts from within the messages themselves. If you have provided your information to TPI, and opt-out, TPI will put in place processes to honor your request. This may entail keeping some information for the purpose of remembering that you have opted-out.
• Consent to sharing of your Personal Information with unaffiliated third parties for their (or their customers’) direct marketing purposes: We only share your Personal Information with unaffiliated third-parties for their marketing purposes when you have consented to the sharing. We do not share data with unaffiliated third-parties in the absence of your consent. To address what these unaffiliated third-parties do with your data once you have consented to the sharing, please contact the third-party to learn more about your choices.

We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative, transactional or other purposes directly relating to your use of the TPI Services, and you cannot opt-out from receiving those messages.

Our mobile applications may also send push notifications to your mobile device, provided you consented to this. If you have previously consented to receiving push notifications and no longer wish to receive them, you can also turn push notifications off at the device level. The applications may also request access to your device’s storage, Bluetooth, camera, and microphone. You may edit the application settings at the device level.

7. Tracking and Advertising

We, our service providers and partners may collect Other Information and certain Personal Information in a variety of ways. We and/or our service providers may employ various tracking technologies, such as cookies, web beacons and analytics software, that help us better manage content on the TPI Services by informing us what content is effective. For more information on our use of cookies and similar technologies, including instructions on how to opt-out, please refer to our Cookie Policy.

8. Social Media Features and Widgets

The TPI Services may include social media features such as the Facebook Like button, and widgets, such as the Share This button or interactive mini-programs that run on our websites. These features may collect your IP address, which page you are visiting on our websites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our websites. Your interactions with these features are shared with such third parties and governed by the privacy policy of the company providing it.

9. Public Forum

Our website offers publicly accessible comment boards. Please keep in mind that if you disclose Personal Information through TPI public message boards, as offered through the TPI Services, this information may be viewed, collected and used by others. To request removal of your Personal Information from comment board, please submit a Support Request to cs@mytpi.com. In some cases, we may not be able to remove your Personal Information or some content (if, for example, it is reposted by another user), in which case we will let you know if we are unable to do so and why.

10. Payment Processors

We currently use payment processors as a Third Party Offering for internet-based payment services. If you wish to make a payment through TPI Services, your Personal Information may be collected by such third parties directly and not by us, and will be subject to the third party’s privacy policy. We have no control over, and are not responsible for, third parties’ collection, use and disclosure of your Personal Information.

11. Links To Other Websites

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including our TPI Certified Professionals and any third party operating any Third Party Offering, site or other products and services used in connection with the TPI Services. The inclusion of a link does not imply endorsement of the linked site or service by us.

Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the TPI Services, including our social media pages.

12. Data Retention

We will retain your Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

• The length of time we have an ongoing relationship with you and provide the TPI Services to you (for example, for as long as you have an account with us or keep using the TPI Services);
• Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

13. Security of Your Information

The security of Personal Information is a high priority at TPI. We seek to use reasonable technical, administrative and physical safeguards designed to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. We encourage you to use caution when using the Internet.

14. Use of Service by Minors

The TPI Services are not directed or targeted at children under the age of eighteen (18), and we request that they do not provide Personal Information through the TPI Services.

15. Sensitive Information

We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g. information related to racial or ethnic origin, political opinions, religion or other beliefs, trade union membership or criminal background) on or through the TPI Services or otherwise to us, except where explicitly requested or consented to.

16. International Transfers

The TPI Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities, namely the United States, or in which we engage service providers, and by using the TPI Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country and whose laws don’t provide the same level of protection.

17. Contact Us

If you have any questions regarding this Privacy Policy you can contact us via email at cs@mytpi.com or via postal mail at:

18. Changes to This Privacy Policy

TPI may make changes to this Privacy Policy from time to time. Any changes we make will become effective when we post a modified version of the Privacy Policy to https://www.mytpi.com/privacy. If we make any material changes to the Privacy Policy, we may also notify you by posting notice on our websites or within the applicable TPI Services, or by sending you an email. If you continue using the TPI Services after any notice of any such changes, it means you have accepted them. If you do not agree to any changes, you must stop using the TPI Services, as applicable. It is your obligation to ensure that you read, understand and agree to the latest version of The Privacy Policy. The “Last Updated” legend at the top of the Privacy Policy indicates when it was last updated.