Tidal Force

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:


  • Information You Directly and Voluntarily Provide to Us.Voluntarily provided information may include your name, date of birth, zip code, email address, phone number, billing and/or credit card information, which may be used when you purchase products and/or services and to deliver the services you have requested. To participate in an Experience at one of our VRECs, each user must have a valid booking pass for the specific Experience the user wishes to attend ("Travel Pass"). If you elect to create a Travel Pass on the Service, you will be required to provide your name, birth date, and email address or phone number. The Travel Pass must be completed by a parent or legal guardian for users under the age of eighteen (18).
  • Information Automatically Collected Through the Service.We may automatically collect information about you when you use the Service. For example, we may use cookies, Third-Party tracking technologies and server logs in connection with the Service that may automatically collect information about your use of the Service. Automatically collected information may include information about the type of browser you are using, the IP address of the device that you are using or the type of operating system that you are utilizing. For more information, please see the "Cookies" section below.
  • Information Collected by Third Parties through Third-Party Links and Content.The Service may include links to other websites and other content from third party businesses. These Third-Party businesses may use cookies, web beacons or other similar technology to collect information about you. TIDAL FORCE does not have access to or control over these Third-Parties or the cookies, web beacons or other technology that these Third Parties may use. We are not responsible for the privacy practices of these Third Parties or the content on any Third-Party website. You are encouraged to review the privacy policies of the different websites you visit and of the advertisers whose ads you may choose to click while on our Service. Please see refer to "Online Advertising; Tracking" in the "Cookies" section below for additional information about online advertising.
  • Information You Post on the Service.The Service may provide chat, forum or bulletin board tools to users. Information that you provide through the use of these tools will be available to the public generally. TIDAL FORCE has no obligation to keep private any information that you disclose to other users or the public using these functions. USERS SHOULD EXERCISE CAUTION WHEN DECIDING TO DISCLOSE PERSONAL INFORMATION THROUGH THE USE OF THESE TOOLS/FUNCTIONS. WE STRONGLY RECOMMEND THAT YOU DO NOT POST ANY INFORMATION THROUGH THE SERVICE THAT ALLOWS STRANGERS TO IDENTIFY OR LOCATE YOU OR THAT YOU OTHERWISE DO NOT WANT TO SHARE WITH THE PUBLIC.
  • Information You Share on Third-Party Websites or through Social Media Services.The Service may include links to Third-Party websites and social media services where you will be able to post comments, stories, reviews or other information. Your use of these Third-Party websites and social media services may result in the collection or sharing of information about you by these Third-Party websites and social media services. We encourage you to review the privacy policies and settings on the Third-Party websites and social media services with which you interact to make sure you understand the information that may be collected, used, and shared by those Third-Party websites and social media services.
  • Information We Collect in Connection with Virtual Reality Experiences.We may collect information about you when you participate in an Experience at one of our VRECs. We may collect photos or videos of you at VRECs. We may also track your movement when you participate in an Experience at a VREC. YOU UNDERSTAND THAT BEFORE, DURING AND AFTER YOUR PARTICIPATION IN A TIDAL FORCE EXPERIENCE AT A VREC, YOU MAY BE PHOTOGRAPHED OR AUDIO/VIDEO RECORDED BY TIDAL FORCE OR SOMEONE ACTING ON ITS BEHALF, OR BY OTHER PARTIES NOT UNDER TIDAL FORCE’S CONTROL SUCH AS OTHER CUSTOMERS AT THE LOCATION. YOU UNDERSTAND THAT PHOTOGRAPHS AND RECORDINGS OF YOU ("PHOTOS/RECORDINGS") ALONE OR WITH OTHER PEOPLE TAKEN AT A VREC, MAY BE USED AND DISPLAYED IN ONE OR MORE OF THE FOLLOWING: AT TIDAL FORCE’S RETAIL LOCATIONS (INTERIOR/EXTERIOR), IN SOCIAL MEDIA AND/OR FOR OTHER PROMOTIONAL PURPOSES FOR TIDAL FORCE AND COMPANIES AFFILIATED WITH THE EXPERIENCE AND WITH TIDAL FORCE. YOU HEREBY CONSENT TO SUCH CREATION AND USE OF SUCH PHOTOS/RECORDINGS WITHOUT ANY FURTHER CONSENT BY YOU AND WITHOUT ANY COMPENSATION TO YOU AND AGREE THAT SUCH ACTIVITY WILL NOT CONSTITUTE AN INVASION OF YOUR PRIVACY OR VIOLATION OF YOUR RIGHT OF PUBLICITY OR ANY OTHER RIGHTS. YOU ALSO AGREE THAT THE PHOTOS/RECORDINGS SHALL BE THE SOLE PROPERTY OF TIDAL FORCE AND ITS LICENSEES, SUCCESSORS AND ASSIGNS. YOU AGREE THAT IN THE EVENT OF ANY USE OF PHOTOS/RECORDINGS BY ANY THIRD PARTY NOT UNDER TIDAL FORCE’S CONTROL, OR IN THE EVENT OF ANY UNINTENTIONAL GOOD FAITH UNAUTHORIZED USE OR DISCLOSURE OF THE PHOTOS/RECORDINGS BY TIDAL FORCE, ITS SUCCESSORS, LICENSEES OR ASSIGNS, EMPLOYEES, OFFICERS, OR AGENTS OR ANYONE UNDER ITS CONTROL OR OTHERWISE ACTING ON ITS BEHALF (COLLECTIVELY "TIDAL FORCE PARTIES"), YOU WILL HOLD TIDAL FORCE PARTIES HARMLESS FROM ANY CLAIMS OR DAMAGES ARISING THEREFROM AND HEREBY RELEASE TIDAL FORCE PARTIES FROM ANY SUCH CLAIMS ARISING OUT OF SUCH USAGE.

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:

  • Essential.These cookies are essential in order to enable you to move around our websites and use certain features. Without these cookies, we are not able to enable appropriate content based on the type of device you are using.
  • Browsing and Functionality.These cookies remember choices you make on our websites. For instance, when you return to our websites, these websites help remember your preferences.
  • Analytics.We use Google Analytics, Google signals data collection, granular location and device data collection, ads personalization to measure how you interact with our websites and to improve your user experience. To learn more about Google Analytics privacy practices and opt-out mechanisms, please visit the Google Analytics Security and Privacy Principles page here. Google also provides a complete privacy policy and instructions on opting-out of Google Analytics. To Optout of Google Analytics please click here
  • Online Advertising; Tracking.TIDAL FORCE and Third-Party businesses may use the information collected through the Service via cookies, web beacons, and other similar technologies to help manage online advertising programs. This information may enable us, as well as Third-Party advertising services and other Third-Party businesses, to track the actions of users online over time and across different websites or platforms to measure statistics relating to marketing efforts, and to deliver electronic advertisements that may be more relevant to individual consumers and that will improve the consumer experience. In particular, we use Facebook Pixel, which collects information about the usage of our Service and transmits this information to Facebook, Inc. Facebook uses this information for advertising and profiling purposes. The Facebook Pixel allows us to target you with personalized advertisements in the Facebook network. If you want to stop this tool from collecting data, you can opt-out here. For information in general about how tracking works for online advertising purposes, and what happens when you elect a do-not-track option, visithttp://www.aboutads.info/choices. In addition, some Third-Party businesses may provide a mechanism to opt-out of their technology. For more information about the opt-out process, you may visit the Network Advertising Initiative website, available at:http://www.networkadvertising.org/managing/opt_out.asp. Note that opting-out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns.

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

  • Providing and Managing the Service. TIDAL FORCE may make use of your information to assist in the operation of our Service and to ensure delivery of the services you need and request. We may use the information we collect about you to personalize your experience when you use the Service. We also use the information we gather through the Service to help us better understand how the Service and our products and services are being used. By identifying patterns and trends in usage, we are able to better design the Service and our products and services to improve your experience.
  • Responding to Your Inquiries. If you contact TIDAL FORCE with a question, we may use your information to respond to your inquiries. We may also use your information to send you other informational and administrative emails. You cannot opt-out of receiving these emails.
  • Communicating with You for Marketing Purposes.With your consent where required, TIDAL FORCE may also use your information to contact you in connection with the completion of surveys and/or research questionnaires related to your opinion of current or potential future services that TIDAL FORCE may offer. At times, we may use your information to keep you informed of other possible products and/or services that may be available to you through the Service. If you wish to opt-out of receiving these emails from us, please follow the instructions contained in each email you receive from us, which will allow you to opt-out of receiving further email marketing communications from us, or send an opt-out request to us at info@tidalforcevr.com.

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:

  • Processing for the purposes of providing and managing the Site and Service is conducted for the legitimate purpose of operating our business (Art. 6(1)(f) of the GDPR).
  • Processing for marketing and advertising purposes is based on your consent where required (Art. 6(1)(a) of the GDPR).
  • Additionally, we may process your information as otherwise required by applicable law.

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:

  • Employees and Third-Party Service Providers.We will disclose your information to our employees, contractors, vendors, suppliers and licensors ("Service Providers") who provide certain services or content to us or on our behalf, such as operating and supporting the Service, analyzing data, or performing marketing or consulting services. These Service Providers will only have access to the information to perform these limited functions.
  • Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies.To the extent permitted by law, we will disclose your information to government authorities or Third Parties if: (i) required to do so by law, or in response to a subpoena or court order; (ii) we believe, in our sole discretion, that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of TIDAL FORCE, other users, third parties and/or the public at large; or (iii) we believe that you have abused the Service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws.
  • Content Providers and other third parties.We may share your information with carefully selected companies, including content licensors, distributors, and other third parties that are not affiliated with us.
  • Business Transfers; Bankruptcy.In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, any user information owned or controlled by us may be one of the assets transferred to Third Parties. We reserve the right, as part of this type of transaction, to transfer or assign your information and other information we have collected from users of the Service to Third Parties.
  • Aggregate Information.We may share information relating to users of the Service with affiliated or nonaffiliated Third Parties on an anonymous, aggregated basis. This information will not identify you personally.
  • Third-Party Marketing Partners.If you opt-in to receive marketing communications from nonaffiliated Third Parties, we may, from time to time, share the information you provide to us with selected nonaffiliated Third-Party marketing partners that we believe offer products or services that may be of interest to you.
  • Our Affiliates.We may share some or all of your information with our parent company, business partners, content providers, subsidiaries and corporate affiliates, joint ventures, or other companies under common control with us (our "Affiliates"). If you opt-in to receive marketing communications from TIDAL FORCE, we may also permit these entities to use your information for their own marketing purposes. If you would like us to stop providing your information to our Affiliates for their own marketing purposes, you may opt-out by emailing us at info@tidalforcevr.com.

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:

  • You have a right to obtain confirmation as to whether or not your personal information exists and to be informed of its content and source, verify its accuracy and request its completion, update or amendment.
  • You have a right to require your information to be provided to you or another company in a commonly used electronic form.
  • You have a right to object to the processing, in all cases, of your personal information for legitimate reasons.
  • In certain situations, you have a right to have your information ‘erased’ or to restrict the processing of your information.
  • You have a right to lodge a complaint with the EU supervisory authority where your information has been processed in a way that does not comply with the laws and regulations.

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:

  • You have the right to request information about the categories and specific pieces of personal information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information.
  • You have the right to request information about our sale or disclosure for business purposes of your personal information to third parties.
  • You have the right to opt out of the sale of your personal information to third parties. You can exercise this right through the "Do Not Sell My Personal Information" link in the footer of our Site, once such link is available.
  • You have the right to request the deletion of your personal information.
  • You have the right to not be discriminated against for exercising any of these 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