TIDAL FORCE PRIVACY POLICY

Effective: September 1st, 2020

This Privacy Policy describes how Tidal Force VR, LLC ("TIDAL FORCE VR", “TIDAL FORCE”, "we", "us" or "our"), located at 166 5th Ave, 2Fl, New York, NY, 10010 (as well as our subsidiaries and affiliates) collects and uses your information when you visit, access or make use of the website located at www.tidalforcevr.com (the "Site"), or the other current and future online and mobile websites, platforms, services, applications, and networks owned or operated by TIDAL FORCE, including the walk-around virtual reality experiences (the "Experience") that we offer at virtual reality entertainment centers and other venues ("VRECs") (the Site, the Experience, and these other websites, platforms, services, applications and networks constituting the "Service") where this Privacy Policy is provided. This Privacy Policy also explains your rights in relation to your information. By visiting, accessing or using the Service, you expressly consent to our collection, storage, use and disclosure of your information as described in this Privacy Policy. Please note that if you disagree with anything in this Privacy Policy, you must not use the Service. Your use of the Service is also governed by the terms and conditions set forth in our Terms of Service located here: https://www.tidalforcevr.com/terms-of-service.

PLEASE NOTE THAT IN CERTAIN CASES, THE USE AND PROCESSING OF YOUR INFORMATION MAY ALSO BE GOVERNED BY THE PRIVACY POLICY OF ONE OR MORE THIRD PARTIES AS SET FORTH IN SECTION 5 BELOW.

1. COLLECTION OF INFORMATION

We collect both personal and non-personal information. "Personal information" is any information relating to an identified or identifiable natural person. "Non-personal information" includes technical information that does not identify an individual personally. Please note that over time, non-personal information may become personal information due to regulatory developments, technological advancements, or the co-mingling of personal and non-personal information. The various types of information we collect from you when you use the Service include:


2. COOKIES

We, and third parties that we allow, use cookies and other similar technologies on the Service. Cookies are small files that your web browser places on your hard drive for record keeping purposes. We may use session cookies or persistent cookies. Session cookies only last for the specific duration of your visit and are deleted when you close your browser. Persistent cookies remain on your device’s hard drive until you delete them, or they expire. Different cookies are used to perform different functions, which we explain below:

There are several ways to manage cookies. You can set your browser to reject cookies or to notify you when you are sent a cookie. Please note, however, if you disable certain cookies you may not be able to use certain features of the Service.

3. HOW WE USE THE INFORMATION WE COLLECT FROM YOU

4. OUR LEGAL BASES FOR PROCESSING

We process personal information per applicable law and with transparency and fairness. We rely on the following legal bases for our processing activities:

5. HOW WE SHARE YOUR INFORMATION WITH THIRD PARTIES

We may sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate the information described in the "Collection of Information" section above to the following categories of Third Parties in the following circumstances:

6. COLLECTION OF INFORMATION FROM CHILDREN

When you create a Travel Pass on the Service, you will be required to provide your name, birth date, and email address or phone number. If you are under the age of eighteen (18), your Travel Pass must be completed by a parent or legal guardian. In no event will TIDAL FORCE collect personal information from children under the age of eighteen (18). TIDAL FORCE will allow children under the age of eighteen (18) to participate in some of the Experiences that we offer at VRECs, but only after receiving consent from the parent or legal guardian of such child. If a parent or legal guardian consents to a child’s participation and provides personal information regarding such child, we will temporarily store such information for the purposes of providing an Experience and will delete such information immediately afterward. In particular, the parent or legal guardian has the option of providing an email address for users between the ages of 13 and 17 in order to send achievements for the Experience, which may include a photo or video footage from the Experience. This email address too will be deleted after such email is sent.

7. SECURITY AND DATA RETENTION

TIDAL FORCE uses reasonable efforts to implement security measures intended to protect against the loss, misuse and alteration of the information under our control. Please be aware that no data transmission over an Internet-connected network can be guaranteed to be 100% secure. As a result, we cannot guarantee or warrant the security of any information you transmit on or through the Service and you do so at your own risk. If we learn of a security system breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Service or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Service. We may post a notice via the Site if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.


We retain your personal information for no longer than necessary to fulfill the purposes for which it was collected, unless a longer retention period is required by law.

8. INTERNATIONAL DATA TRANSFERS

If you choose to provide us with information, please be advised that we may transfer that information to our affiliates and subsidiaries or to other Third-Parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from other regions with laws governing data collection and use that differ from United States law, such as the European Union, please note that you are transferring your personal information to the United States and other jurisdictions which may not have the same data protection laws as the EU. You acknowledge you understand that by providing your personal information: (i) your personal information will be used for the uses identified above in accordance with this Privacy Policy; and (ii) your personal information will be transferred to the United States and other jurisdictions as indicated above, in accordance with applicable law.

9. INDIVIDUAL RIGHTS

If you are located in the European Union, you have the following rights:

For French residents only, you have the right to give directives relating to the disposal of your personal information after your death.


From January 1, 2020, if you are located in the United States, you have the following rights:

If you would like to exercise one or more of the above rights, you can contact us using the contact information provided below.

10. CHANGES TO THIS PRIVACY POLICY

TIDAL FORCE reserves the right to update and/or change the terms of this Privacy Policy. We will notify you of material changes to this Privacy Policy by providing notice on the Service and by updating the "Effective" date above and sending an email to the email address we have on file for you. Accordingly, you are responsible for periodically reviewing this Privacy Policy so that you are informed about the type of information we collect, how it will be used, and under what circumstances, if any, we may disclose your information. If you do not agree to the changes, you should discontinue your use of the Service prior to the time the modified Privacy Policy takes effect. If you continue using the Service after the modified Privacy Policy takes effect, you will be bound by the modified Privacy Policy.

11. HOW WE RESPOND TO "DO NOT TRACK" REQUESTS

Your browser may allow you to adjust your browser settings so that "do not track" requests are sent to the websites that you visit. However, TIDAL FORCE will not disable tracking technology that may be active on the Service in response to any "do not track" requests that we receive from your browser.

12. SPECIAL INFORMATION FOR CALIFORNIA RESIDENTS

Under California Civil Code sections 1798.83-1798.84, also known as the "Shine the Light Law", any users of the Service who are California residents are entitled to request and receive once a year, free of charge, a notice from us describing what categories of personal customer information (if any) we shared with Third Parties, including our corporate affiliates, for their direct marketing purposes during the preceding calendar year. If applicable, the notice will identify the categories of information that we shared, and the names and addresses of the third parties and affiliates with which we shared your information. If you are a California resident and would like to request a copy of this notice, please submit a written request to the following address: Tidal Force VR, LLC, 166 5th Ave, New York, NY, 10010 or by email atinfo@tidalforcevr.com. In your request, please specify that you want a "California Privacy Rights Notice." Please allow at least thirty (30) days for a response.

13. HOW TO CONTACT US

If you have any questions or concerns regarding this Privacy Policy, please feel free to contact us at the following email or mailing address.


Email Address:
info@tidalforcevr.com

Mailing Address:
Tidal Force VR, LLC
Attn: Legal Team
166 5th Ave, 2Fl
New York, NY, 10010