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for establishing and enforcing the terms and conditions under which Client End Users interact with portions of the Services controlled by Client
<br />(e.g. Client's websites or point-of-sale systems). Client will at all times during the Term: (a) maintain a privacy policy and terms of use that are
<br />consistent with applicable laws and industry best practices (as determined by reference to the practices of other consumer -oriented websites and
<br />the promulgations of applicable industry standards bodies); (b) make such policy and terms of use easily accessible to Client End Users and
<br />otherwise in compliance with all applicable laws, including but not limited to the California Consumer Privacy Act ("CCPA"); and (c) comply with
<br />such policy and terms of use. No End User shall be deemed a third -party beneficiary of this Agreement. Client shall not make any warranties,
<br />representations or commitments to Client End Users which would: (i) imply an endorsement by GolfNow; (ii) purport to bind GolfNow to any legal
<br />obligations owed by Client to the Client End User; or (iii) entitle any End User to enforce the terms of this Agreement against GolfNow.
<br />Notwithstanding the foregoing, GOIfNow shall be entitled to make its own privacy policy and terms of use available to GolfNow Account Users on
<br />the Services, and Client shall not take any actions that would diminish the accessibility of such policy orterms.
<br />13. Ownership of Data.
<br />(i) Definitions.
<br />(a) "Applicable Law" means all applicable laws, rules, regulations, rulings, judgments, directives, or other requirements of any
<br />governmental authority in any country or jurisdiction, as may be amended or otherwise revised from time to time and all applicable, current
<br />industry self-regulatory principles, including but not limited to the CAN -SPAM, TCPA, and Privacy Laws.
<br />(b) "Personal Data" means any information that relates to an individual and that, alone or in combination with other data, can be
<br />used to identify, contact, or precisely locate an individual, or other information that constitutes "personal data" or "personal information" under
<br />Privacy Laws.
<br />(c) "Privacy Laws" means all Applicable Laws and third -party platforms restrictions relating to the Processing of Personal Data,
<br />privacy and security that may exist in any relevant jurisdiction, including but not limited to CCPA and GDPR.
<br />(d) "Process", "Processing" and words of similar nature mean using, accessing, storing, securing, sharing, disclosing, altering,
<br />destroying and deleting Personal Data and other actions as set forth in the applicable PrivacyLaws.
<br />(ii) Client Data. As used herein, "Client Data" shall mean any data, information, or material provided or submitted to the Services by Client,
<br />Client End Users, or Client's customers, personnel, and business contacts, including any Personal Data thereof (e.g. name, address, phone
<br />number, email address, credit card information, purchases, or preferences) ("Client Personal Data"), in the course of Client's use of the Services.
<br />The Parties acknowledge and agree that GolfNow shall act as a service provider for any Client Personal Data processed by GolfNow through its
<br />provision of the Services. Where this is the case, GolfNow shall collect, retain, use, disclose, and otherwise process Client Personal Data
<br />(including personal information as defined under the applicable law) solely to fulfill its obligations to Client under this Agreement on Client's behalf,
<br />for Client's operational purposes, for GolfNow's own operational purposes, for other notified purposes, and for no other purposes. GolfNow shall
<br />not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Client Data where such deletion, correction,
<br />destruction, damage, loss or failure to store is initiated by or caused by Client or its Users, or Client End Users. Client agrees that GolfNow may
<br />process Client Personal Data to generate non -personally identifiable information by means of aggregation or de -identification, and to use and
<br />disclose that data, along with, on an aggregate basis and so long as no such use specifically identifies Client, any Client Data relating to Client's
<br />usage of the Services (e.g., general usage data; yield, utilization, rate, rounds, or pace; anonymous survey results) (collectively, "Aggregated
<br />Data"), for its own commercial purposes during or after the term of this Agreement. GolfNow shall not sell Client Personal Data or otherwise
<br />disclose Client Personal Data for a commercial purpose. Client retains ownership of Client Data, whether obtained prior to or during the Term of
<br />this Agreement. For the avoidance of doubt, Aggregated Data shall not be considered Client Data or Client Personal Data.
<br />(ii) GolfNow Account Data and Shared Data. GolfNow shall own the rights to all Personal Data collected by GoIfNow directly from GolfNow
<br />Account Users on GolfNow-operated sites and services or through the Services provided to Client, including, but not limited to, name, phone
<br />number, login credentials, tee times, requests for amenities such as food orders, information about other golfers, and other profile information
<br />(collectively, "GolfNow Account Data"). When applicable, GolfNow shall provide Client with the portions of GolfNow Account Data necessary to
<br />enable GolfNow Account Users to interact with Client through the Services and for Client to fulfill certain golfer transactions made through the
<br />Services (e.g., golfer name, phone number, and tee time for GolfNow.com bookings; golfer name and food order for SmartPlay order; and golfer
<br />contact information to set up a profile for future bookings through GolfNow Booking Engines). Except as otherwise provided in this Agreement,
<br />GolfNow and Client, with respect to the portion of the GolfNow Account Data that Client may receive from GolfNow, each Client and GolfNow will
<br />independently own such data (the "Shared Data"), provided, however, Client shall not "sell" Shared Data as "sell" is defined under applicable
<br />Privacy Laws, including but not limited to the CCPA. Client represents and warrants that Client will comply with all Applicable Law, including but
<br />not limited to CAN -SPAM, CIPA, TCPA, Telemarketing Sales Rule, CCPA, and/or any other similar Privacy Laws, with respect to (i) any and all
<br />Client Personal Data and Shared Data; and (ii) Client's use of Client Personal Data and Shared Data in conjunction with the Services, including
<br />but not limited to Client's distribution of marketing communications (via e-mail, text message, or otherwise) through the Services, whether by
<br />Client directly or by GolfNow on Client's behalf or at Client's direction. Client shall comply with its obligations as a "business" or "controller" under
<br />applicable law, including the CCPA for all Client Personal Data and Shared Data.
<br />14. Data Security. Industry standards have been set by the Payment Card Industry Data Security Standards ("PCI Standards") for protection
<br />of customer information. GolfNow and Client both represent and warrant that they will comply with PCI Standards during the entire Term of this
<br />Agreement and thereafter with respect to customer Personal Data accumulated during the Term, and further agree to adhere to all other applicable
<br />standards, laws, rules, and regulations for protection of customer Personal Data to which they have access during the entire Term of this
<br />Agreement. GolfNow agrees that it will use systems, tools and security and take commercially reasonable steps to ensure Client Personal Data
<br />hosted by GolfNow is not accessed, redistributed, duplicated, or modified. GolfNow shall be free to provide certain required levels of access to
<br />contracted third party vendors that may need access to such data in order to provide theServices.
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