Effective November 1, 2006 (last updated November 15, 2017)

This policy describes Callaway Golf's privacy practices. It applies to the websites were it is located. It also applies to our mobile sites and apps. We use your information based on your consent to our practices. Your use of this website indicates that you agree to our collection, disclosure, and use of your information as described in this Privacy Policy.

INFORMATION WE COLLECT.

Contact information. We may collect your name and email address. We may also collect your street address or phone number.

Demographic information. We may collect information about your lifestyle or your golf game. We may also collect information about your buying preferences. We may also collect your day and month of birth and zip code.

Payment information. If you make purchases, we may collect your credit card information. We may also collect security information like your mother's maiden name.

Information you post or share on the Site. We collect the information you post in a public space on our site. For example, you might be able to post feedback about our products that others visiting our sites will see. We also collect information when you contact us.

Information about your Callaway account. For example, we may collect user names and passwords.

Other information. For example, we may collect information about the website browser you are using. We might look at what site you came from, or what site you visit when you leave us. We may collect information about your location. This may include your precise location. We may collect this using different types of technologies, including GPS and Wi-Fi. If you use our mobile app, we may also access your device's location information in the background. We might also collect device identifiers. We collect this information using the tracking tools described below. To control those tools, visit here.

HOW WE COLLECT YOUR INFORMATION.

We collect information directly from you. For example, we collect information when you register on the Site or make an online purchase. We also collect information if you take our surveys or participate in online forums. From time to time we offer sweepstakes, contests, and prize draws, and collect information as part of those programs. We may also allow you to post information in an online forum.

We collect information from you passively. For example, we use common tracking tools like cookies and web beacons. We do this on our websites and in emails that we send to you. We collect information about users over time when you use this website. Learn more about these tools and how you can control them, here. We also collect information from our mobile apps.

We get information about you from third parties. For example, social media websites may provide us with information about you.

WE COMBINE INFORMATION.

If you subscribe to one of our services, we may combine the information we already have about you. When you visit our Sites, we may also combine information new collect with information new already have about you. We may also combine information about you that we learn from third parties. For example, if you use one of our Facebook Connect features, we will combine information we obtain from that feature with information we already have. We may also combine information that we have collected offline with information we collect online.

SHARING INFORMATION.

We may share information within the Callaway family of companies. This includes Callaway Golf Company; Callaway Golf Europe Ltd.; Callaway Golf Gmbh; Callaway Golf Canada Ltd.; Callaway Golf (Guangzhou) Technology Service Co., Ltd.; Callaway Golf India Private Limited; Callaway Golf K.K. MG; Callaway Golf Korea Ltd.; Callaway Golf Malaysia Sdn. Bhd.; Callaway De Mexico, S.A. DE C.V.; Callaway Golf (Shanghai) Trading Co., Ltd.; Callaway Golf (Thailand) Limited; Callaway Golf South Pacific Pty Ltd.; Callaway Apparel K.K; TravisMatthew; and Callaway Golf Interactive.

We may share information with third parties who perform services on our behalf. For example, we may share information with vendors who send emails for us or process orders. We may also share information with companies that operate our websites or run a promotion. You can contact us if you want to learn more about how our service providers use your information.

We may share information with our business partners. For example, we may share information with third parties who co-sponsor a promotion. These partners may send you information about events and products by mail or email. For example, we will share your information with operators of co-branded websites that offer merchandise to you. We will also share your information with trusted third parties in whose products or services might be of interest to you or for joint promotional purposes.

We may share information with third parties for their marketing purposes. These third parties may include our retail partners. These third parties may also share your information with others. These third parties may use the information for their own marketing purposes or the marketing purposes of others. This may include the delivery of interest based advertising. Third parties' use of your information is governed by those parties' privacy policies.

We will share information we have to in order to comply with the law or to protect ourselves. For example, we will share information to respond to a court order or subpoena. We may share it if a government agency or investigatory body requests. We might share information when we are investigating potential fraud.

Information posted to message boards is publicly viewable. We may allow you to submit comments on our sites. Please remember that any information that is disclosed in these areas becomes public information. Do not submit any personal information.

We may share information with any successor to all or part of our business as permitted by law. For example, if part of our business was sold we may give our customer list as part of that transaction. Where legally required, we will give you prior notice and if you have the legal right to do so, allow you to object.

We may share information for other reasons we may describe to you.

YOUR CHOICES.

Opting out of marketing emails. You can opt out of marketing emails by following the instructions in any marketing emails you receive. You can also opt-out by sending us an email. To request changes to or to review your information, please send us an email. You may also log into your account and change your settings. Even if you opt out of getting marketing messages, we will still send you transactional messages. These include responses to your questions.

1. Introduction

Welcome to http://www.travismathew.com (the "Website"). The Website is owned and operated by travisMathew, LLC, and its subsidiaries and affiliates (collectively referred to herein as "TravisMathew," "we," "us" and "our").

By using the Website, you agree to be bound by all the terms and conditions contained in this Terms of Use Agreement (the "Agreement") and any and all rules, guidelines and directions found throughout the Website. Please read this Agreement carefully. This Agreement applies to all users of the Website, including users who are viewers of material on the Website and users who register for the Website as set forth below in Section 6.

By using the Website you also represent that you are at least 13 years old. TravisMathew does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us and any information submitted by such users will not knowingly be used, posted, or retained by us. YOU MAY NOT USE OR REGISTER FOR THE WEBSITE IF YOU ARE UNDER THE AGE OF 13.

In addition, when you use any current or future version of the Website, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those in a new Terms of Use Agreement. Your use of the Website following any such modification constitutes your agreement to the terms of the modified Agreement. You should visit this page periodically to learn of any changes to this Agreement.

2. PRIVACY

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.

3. CONSIDERATION

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Website and receipt of data, materials and information available at or through the Website.

4. RESTRICTIONS ON USE OF MATERIALS

Trademarks. TravisMathew and other trademarks, service marks, trade names, and trade dress indicated on our Website are trademarks or registered trademarks of TravisMathew and its affiliates. All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any patent or trademark owned or controlled by TravisMathew or any third party.

Copyright. All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Website are the copyrighted property of TravisMathew or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of TravisMathew or any third party.

The Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Website, or use the contents of the Website in litigation, or for any commercial or promotional purposes, without the express written consent of TravisMathew or its lawful successors and assigns.

For usage permission, please contact us via e-mail at info@travismathew.com

GENERAL COUNSEL

6. REGISTRATION

You do not have to register to view the Website. You can visit the Website, read articles and other materials, browse merchandise, post comments and product reviews, and check on offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you must register for an account in order to access the full features of the Website, including but not limited to the ability to purchase products through the Website. To register, you must create a user account, which requires you to provide your e-mail address and select a password. When creating a user account, you must provide accurate, complete and updated registration information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify TravisMathew immediately of any breach of security or unauthorized use of your account. TravisMathew will not be liable for any losses caused by any unauthorized use of your account. TravisMathew reserves the right to refuse registration or terminate a user account at any time in its sole discretion. You may also terminate or discontinue your own account at any time.

7. COMMENTS AND UNSOLICITED SUBMISSIONS

We welcome your comments and feedback about the Website and our products. In addition, in some places the Website enables users to post comments and product reviews which may be viewed by other users. Any comments, reviews, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") posted to the Website or sent to us, whether through the Website, e-mail, facsimile, U.S. mail or by other means, shall be and remain the exclusive property of TravisMathew. Your submission of any such Comments shall constitute an irrevocable assignment to TravisMathew of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As such, TravisMathew (and its licensees, distributors, agents, representatives and other authorized users) will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential materials such as product ideas, concepts, data, technical information, suggestions, photographs, artwork, stories, videos, audiovisual works, sound recordings, program formats, characterizations and/or other similar materials ("Unsolicited Submissions").

If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, we (and our licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted use of such Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any material constitutes an Unsolicited Submission, such material shall be conclusively deemed to be an Unsolicited Submission. No Unsolicited Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Unsolicited Submission. Without limiting the foregoing, you hereby grant TravisMathew (and its licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Unsolicited Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the "Submissions License"). You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Unsolicited Submissions are used by us.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements.

The effective date of these terms and conditions is: August 29, 2019

The TravisMathew loyalty program in the U.S. ("Program") is brought to you by travisMathew LLC ("TravisMathew" and/or "we" or "us"). The Program is governed by these TravisMathew Loyalty Program Terms & Conditions ("Program Terms"). [We should discuss the entities listed on the site. TravisMathew is the entity listed in the website terms of use, but Callaway is listed as the entity in the privacy policy. By participating in the Program, you agree to these Program Terms.

ARBITRATION OF CLAIMS:

Please read these program terms carefully. they affect your legal rights and require binding arbitration of claims associated with the program, waiving class action claims associated with the program, and waiving the right to trial by jury to the fullest extent permitted by law. you agree that any and all claims or disputes that arise out of or relate to your participation in the program must be resolved through mandatory, binding arbitration, rather than litigation in court. that means that an arbitrator, not a judge or jury, will decide any claim associated with the program. see section 13 below for more details.

The Program is void where prohibited by law.

1. Overview

The Program is a customer-reward program that is available to eligible TravisMathew customers (see Section 2 below for full eligibility details). You can create a Program membership account ("Program Account"):

• (i) at any TravisMathew retail store in the United States (ask a store representative to help you begin the process),
• (ii) by visiting travismathew.com ("Site") and completing the Program Account registration form

Eligible customers who sign up for a Program Account ("Members") will be able to earn points ("Points") with each Earning Activity (as defined below). When you have earned the requisite amount of Points, those Points will be converted into store rewards ("Reward") that you can use to make Authorized Purchases (as defined below).

2. Eligibility & Registration

The Program is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who are the age of majority in their jurisdiction of residence. You must provide us with all required information to register for a Program Account. First name, last name, a valid email address and phone number are required to set up a Program Account. Additional information, such as date of birth and gender are not required. However, you will be able to receive additional Program's benefits should you choose to provide this. There is no cost to enroll and no purchase is necessary to enroll. When you enroll in the Program and create a Program Account, you are agreeing to receive e-mail messages related to the Program from TravisMathew. Members who have opted-out of receiving marketing emails from TravisMathew will still be able to participate in the Program and receive messages about their Program Account (e.g., Points balance, usage, and news about changes to these Program Terms). There is a limit of one (1) Program Account per individual/email address/phone number. You agree that you will not participate in the Program under more than one (1) Program Account. Corporations, groups, and associations are not eligible to register for a Program Account.

You agree you will not sell, transfer or assign your Program Account, any rewards or any membership rights. Points and Rewards are not your personal property, are not descendible, and may not be inherited, bartered, purchased, or sold. For online users, you are responsible for maintaining the confidentiality of any login credentials and for restricting access to your computer (or other device, as applicable) so that others may not access your Program Account.

Points for Earning Purchases at TravisMathew.com or through TravisMathew's call center qualify for Points once all items have shipped, which means that items in the same transaction that are shipped separately will all qualify for Points after the final item(s) have shipped. The timing of Point qualification for Additional Earning Activities may vary, but will appear in your Program Account within approximately thirty (3) business days of your completion of an Additional Earning Activity. You may view your Program Account summary by logging in at TravisMathew.com and navigating to the Rewards Dashboard or by calling our Customer Service team at at 1-877-969-1952.

Tier info

After your points are automatically converted to Rewards, those Points will be removed and [describe how consumers will be notified of availability of the Reward, e.g., the corresponding Rewards will be sent to you via email, and accessible on your Program Account online (or by other means in our sole discretion) approximately 30 days after the conversion OR you will be notified via email of the corresponding Reward, which will be accessible on your Program Account online and at checkout in stores]. If you earn multiple Rewards at a time, they will be combined and included within one (1) email. Rewards will be issued with unique promo codes that can be used in-store, online or through our call center, as described in Section 5 below (each, a "Reward Coupon Code"). [Please revise as appropriate based on the method by which Rewards will be issued to/available to Members.] Each Reward Coupon Code may be used once by the Program Account holder.

Points will be converted on a "first in, first out" basis, such that the first Points earned will be the first Points converted to a Reward. Once converted, your Points balance will be reduced by the number of Points used to obtain the Reward(s). In the event of a return, refund, or credit adjustment results in insufficient Points for the Rewards converted, the conversion may not be fulfilled. If the Reward is fulfilled and we later discover that you did not have sufficient Points for the Rewards in your Points balance, in addition to any other actions we may take, future Points earnings will be applied to the Rewards until such time as sufficient Points are earned to cover the