Drive Shack Inc., along with our subsidiaries (“Drive Shack”, “our”, “we” or “us”), respect your concerns about privacy. The privacy policy set forth herein (the “Policy”) applies to this website, including the related websites contained or linked to this website, and Drive Shack’s mobile application (collectively, the “site”).
TERMS OF USE AND CONSENT
The Policy is part of the Terms of Use that govern your use of the site. By accessing the site, you consent to Drive Shack’s collection, storage, analysis, use and disclosure of your information as set forth in the Policy.
We reserve the right, in our sole discretion, to change, modify, add or remove portions of the Policy at any time. Therefore, we suggest that you review the Policy periodically for changes. By accessing the site after we have posted changes to the Policy, you are agreeing to accept the Policy as amended.
INFORMATION WE COLLECT
We collect, store and use certain personal information through the site. The types of personal information we may collect include:
- Contact information, such as your name, postal address, e-mail address, and telephone number;
- Names, postal addresses, e-mail addresses and telephone numbers of others to whom you ask us to send information;
- Username and password and your online profile for your user account;
- Payment information (such as payment card details, financial account information and billing address);
- Birth date;
- Information about your education, work and military history, legal work eligibility status, and other information relevant to specific jobs for which you may apply;
- Information from third-party social media platforms;
- Other personal information you may provide to us;
- If you use our mobile application, information, such as your device ID, your location and stores near you and visited by you.
In addition, when you visit the site, we may collect certain information by automated means, such as cookies, web beacons and geolocation information. The information we collect in this manner includes, but is not limited to, IP addresses, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on the site, and the dates and times of visits to the site. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links websites to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. Through these automated collection methods, we obtain “clickstream data,” which is a log of content on which a visitor clicks while browsing a website. As the visitor clicks through the website, a record of the clicks may be collected and stored. We may link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you to let us know. Your browser may notify you when you receive certain types of cookies or enable you to restrict or disable certain types of cookies; however, if you restrict or disable cookies you may not be able to use all of the features of the site.
If you use features of the site populated and/or operated by third-party social media platforms (such as Facebook, Twitter and/or Instagram), we may receive information you have made available to those platforms, including geographic location and other information about you (such as name, e-mail address, gender, biographical information, photo(s), etc.) and your platform contacts. Some of these social media platforms allow you to push content from the site to your contacts or to pull information about your contacts to the site. Social media platforms may also facilitate your registration for the site or enhance or personalize your experience on the site. You should make sure you independently understand the privacy policies and information your third-party social media platforms may make available to the site. We may use and disclose the personal information we receive on the site through third-party social media platforms as described in the Policy.
From time to time, we may obtain e-mail addresses from third party sources to be used for promotional e-mails. You may opt out of receiving any messages from us in the future by either clicking on the Unsubscribe link in the e-mail, or by contacting us as instructed in the How to Contact Us section of the Policy and requesting to opt out of receiving Drive Shack communications.
OUR USE OF INFORMATION
We may use the information we obtain through the site to:
- Create and manage your user account;
- Offer and provide products and services to you;
- Communicate about, and administer your participation in, special events, programs, surveys, contests, sweepstakes, and other offers or promotions;
- Send information to others at your request;
- Respond to and communicate with you about your requests, questions and comments;
- Manage your application for employment with Drive Shack and contact you in connection with potential employment opportunities;
- Process claims we receive in connection with our products and services;
- Operate, evaluate and improve our business (including developing new products and services, managing our communications, determining the effectiveness of our sales, marketing and advertising, analyzing and enhancing our products, services and the site, and performing accounting, auditing, billing, reconciliation and collection activities);
- Perform data analyses and other processing (including market and consumer research, trend analysis, financial analysis, anonymization, encryption and tokenization of personal information);
- Protect against, identify and prevent fraud and other criminal activity, claims and other liabilities; and
- Comply with and enforce applicable legal requirements, relevant industry standards and our policies.
In addition, we may use information collected online through automated means, including, but not limited to cookies, local shared objects (also known as “Flash cookies”) and web beacons, for purposes such as (i) customizing our users’ visits to the site, (ii) delivering content (including advertising) tailored to our users’ interests and the manner in which our users browse the site, (iii) marketing, (iv) demographic research and (v) managing our business. We may supplement data we collect through automated means with information about your location (such as your zip code) to provide you with content that may be of interest to you. We also use this information to help diagnose technical and service problems, administer the site, identify users of the site, and gather demographic information about our users. We use clickstream data to determine how much time users spend on certain pages on the site, how users navigate through the site, and how we may tailor the site to better meet the needs of our users.
TEXT MESSAGES
You may send and receive text messages to and from Drive Shack if you are 13 years of age or older. By providing your mobile phone number to Drive Shack, you are representing that you are 13 years of age or older and that you consent to receive text messages, which may include automated marketing text messages, to the phone number provided from or on behalf of Drive Shack.
You may unsubscribe from receiving text messages from Drive Shack at any time by texting “STOP” to [598-88]. If you successfully unsubscribe, a text will be sent confirming your removal. Drive Shack reserves the right to remove any user at any time and for any reason. In addition, mobile texts may not be available from all mobile service providers, and Drive Shack is not liable for any delays in the receipt of any text messages or undelivered messages.
Although Drive Shack does not charge you for sending or receiving text messages, your mobile service provider’s message and data rates may apply. Any such charges are billed by and payable to your mobile service provider, not Drive Shack.
Data obtained from you in connection with text messaging may include your mobile phone number, your mobile service provider’s name, the date, time and content of messages sent and received, and other information you provide to Drive Shack through text messages. We may use this information to contact you and to provide the services you request from us. Your information obtained by Drive Shack through text messages will not be shared with any third parties.
INTERNET-BASED ADVERTISING
On the site, we may collect information about your online activities for use in providing you with advertising about products and services tailored to your individual interests. You may see certain advertisements on other websites based on your visits to the site because we participate in advertising networks administered by third-party vendors. Advertising networks allow us to target our messaging to users through demographic, interest-based and contextual means. These advertising networks track your online activities over time by collecting information through automated means, including, but not limited to, through the use of cookies and web beacons. The advertising networks use this information to show you advertisements that are tailored to your individual interests. The information our advertising network vendors collect includes information about your visits to websites that participate in the vendors’ advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on the site and on third-party websites that participate in the advertising networks. This process also helps us track the effectiveness of our marketing efforts.
INFORMATION WE SHARE
We do not sell or otherwise share personal information about you, except as described in the Policy. When you post a comment on the site, third-party social media platforms or blogs, we may publish your name and/or user ID with your comment. We share personal information with third parties who perform services on our behalf based on our instructions. These third parties are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. We also may share the personal information we obtain with our affiliates, franchisees and joint marketing partners.
LEGAL MATTERS
We may disclose information you have provided to us if we have a good faith belief that such disclosure is necessary to: (i) comply with the law, government action or with legal process, (ii) protect and defend our rights or property, including, but not limited to, the site, or (iii) protect the personal safety or property of our users or the public. In the event of a change of control of Drive Shack Inc. or any of its subsidiaries (such as through a merger or sale of equity), or in the event of a direct or indirect sale of the site (or any portion thereof) through a sale of assets, liquidation or other transaction, any personal information of users of the affected portion of the site in our possession will be transferred to the new company as part of the transaction. We are not obligated to notify users of any such transaction. You may always change or delete your information by contacting us as instructed in the How To Contact Us section of the Policy, or if the acquirer posts a new privacy policy with new contact information, you may change or delete your information by following any new instructions that are posted.
YOUR OPTIONS
We offer you certain choices about how we communicate with you and what information we collect from you. To update your preferences or ask us to change or remove your information from our e-mail lists please, please contact us as instructed in the How To Contact Us section of the Policy.
NOTICE TO CALIFORNIA RESIDENTS
Subject to certain limits under California Civil Code § 1798.83, California residents may ask us to provide them with (i) a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (ii) the identity of those third parties. To make this request, California residents may contact us as instructed in the How to Contact Us section of the Policy.
California law requires the Policy to address how we respond to any “Do-Not-Track (‘DNT’) signal” delivered by your browser. Because of the changing state of technology and indecision within the industry regarding the meaning of DNT signals, we currently do not make any guarantee that we will honor DNT signals.
LINKS FROM AND TO THIRD-PARTY WEBSITES
The site may be linked from, and may provide links to, other websites operated by third parties. Any links from or to other websites are provided merely for the convenience of the users of the site. These third-party websites are operated by companies not affiliated with Drive Shack, and may have their own privacy policies or notices, which we strongly suggest you review if you visit them. We do not accept, and do disclaim, any responsibility for the privacy policies and information protection practices of any third-party website (whether or not such website is linked on or to the site). These links are provided to you for convenience purposes only, and you access them at your own risk.
HOW WE PROTECT PERSONAL INFORMATION
We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. Notwithstanding the aforementioned protections, Drive Shack makes no representations, warranties or conditions or any kind, express or implied, with respect thereto.
CHILDREN’S PRIVACY
This site is directed to persons who are at least thirteen (13) years of age. We do not knowingly collect, use and/or disclose any personally identifiable information on this site from children under the age of 13 years. If a parent or legal guardian is made aware that a child under the age of 13 has provided us with personally identifiable information through our site, we ask to be contacted as instructed in the How to Contact Us section of the Policy and we will delete that information from our records.
HOW TO CONTACT US
If you have any questions about the Policy, please contact us using the following information:
Drive Shack Guest Services
c/o Drive Shack Holdings LLC
10670 N Central Expy, Ste 700
Dallas, TX 75231
Updated As of March 3, 2022