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DocuSign Envelope ID: 68FOCDC9-7945-4B6C-8BEE-3525B423E3ED
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<br />EZLinks Golf LLC
<br />EZLinks Golf LLC
<br />401 S LaSalle St, Suite 302
<br />Chicago, IL 60605
<br />Fax: 312.913.6905
<br />D. UD Time: EZLinks will use commercially reasonable efforts to make the ETN and Reservation Center available 99.9% of
<br />the time except for downtime due to maintenance or events outside of EZLinks' control.
<br />4. Security, Data Ownership and Privacy:
<br />A. PA -DSS and PCI -DSS Compliance: The ETN is, and shall continue to remain, Payment Application Data Security
<br />Standard (PA -DSS) certified. The EPOS is certified "out of scope" of the PA -DSS guidelines for POS systems, and Client
<br />agrees to the same (i.e., the EPOS software does not store, process, or transmit sensitive cardholder data, although it does
<br />provide an interface with several PA -DSS compliant credit card payment engines and devices). Client agrees that it is wholly
<br />and solely responsible for complying with the Payment Card Industry Data Security Standard, as amended ("PCI"), including,
<br />without limitation, establishing and maintaining PCI compliance with respect to Client's card facilities, software, systems,
<br />processing and storage environment, and network. Client agrees and acknowledges that EZLinks is not responsible or liable
<br />for any installation, system management or configuration by EZLinks (or its contractors) related to the EPOS, the ETN, or
<br />Client's website, software, card processing and storage environment, facilities or network, which is not compliant with PCI.
<br />B. End User Data:
<br />i. Client End -User Data. As between Client and EZLinks, information collected from End Users solely through Client -
<br />specific channels (e.g., at Client's golf course(s), on Client's website, via a Client -specific App or Client's Reservation
<br />Center) will be owned by Client and is referred to in this Agreement as "Client End -User Data."
<br />ii. EZLinks Use of Client End -User Data. Client agrees that EZLinks may access and use the Client End -User Data to
<br />provide Software, Hardware and Services to the Client. Client also agrees that Client End -User Data, excluding
<br />personal information, may be used in the aggregate by EZLinks to identify trends or cultivate business intelligence.
<br />iii. Third -Party Interfaces. Client acknowledges that End -User data (including, without limitation, personal information)
<br />collected through a Third -Party Interface (e.g., the EZLinks API or INT) may be used and owned by multiple parties,
<br />including EZLinks and the Third Party using the EZLinks API or INT. As detailed above, Client selects in a SOW the
<br />Third -Party Interfaces through which Client's tee time reservations can be made available (if any).
<br />iv. EZLinks End -User Data. Client acknowledges that EZLinks will own all End -User data (including, without limitation,
<br />personal information) collected via EZLinks platforms and their outlets (e.g., TeeOff.com) ("EZLinks End User
<br />Data"). Client acknowledges that EZLinks will submit to Client certain EZLinks End -User Data in order to procure tee
<br />times reserved at a Client golf course via an EZLinks platform. Client agrees that it will use EZLinks End -User Data
<br />solely in connection with providing its specific golf course services to those End Users and will not sell or share EZLinks
<br />End -User Data with third parties (other than third parties providing golf course services on Client's behalf). Client is
<br />specifically prohibited from using the EZLinks End -User Data to market the products or services of an EZLinks
<br />competitor.
<br />v. Restrictions on Use of End -User data. Client acknowledges that EZLinks makes no representation that any End
<br />User information or data is collected in a manner that secures consent for Client to use the information or data for any
<br />particular marketing tactic (e.g., text messaging, robocalls, etc.) and that it is Client's sole responsibility to ensure it has
<br />the requisite consent from individuals prior to engaging in any communication with End Users. Client agrees to comply
<br />with all applicable laws, rules and regulations, including, without limitation, the CAN -SPAM Act of 2003, the Telephone
<br />Consumer Protection Act of 1991, and various state laws and regulations concerning telemarketing, electronic
<br />communications and other forms of communication.
<br />C. Privacy: Client agrees that it will be solely responsible for posting or otherwise making available a legally compliant terms of
<br />use and privacy policy in connection with transactions with End -Users and the collection of Client End -User Data and its
<br />compliance with them.
<br />5. Confidentiality: The following provisions govern the exchange, use and disclosure of the parties' proprietary and confidential
<br />information:
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