Last Updated: October 14, 2022

The Escape Game, LLC (together with all subsidiaries and affiliates), “Company”, “we” or “us” provide unique game show experiences (“Games”) that you can enjoy online. This Privacy Policy (“Privacy Policy”) explains how we handle Personal Information provided to us through our Games (including our online virtual experience), websites (and related sub-domains) (“Websites”), and the services and products controlled by Company and any other online or offline interaction with Company (together with Games and Websites, collectively, “Services”). This Privacy Policy does not apply to websites controlled by Company that do not link to this Privacy Policy or to third-party websites linked from our websites.

1. INTRODUCTION

We strive to respect privacy and we recognize the need for appropriate protection and management of any Personal Information that is shared with us in connection with your use of our Services. As used in this Privacy Policy, “Personal Information” means any information relating to an identified or identifiable person. Examples of Personal Information include, among others, name, email address, phone number, and online identifiers. When we combine Personal Information with other information, we treat the combined information as Personal Information. On the other hand, if we alter or aggregate Personal Information such that it can no longer be reasonably used to identify you, such information is no longer Personal Information. You may choose whether or not to provide or disclose Personal Information in connection with your use of our Services. If you choose not to provide any Personal Information we request, you may still visit and use parts of our Services, but may be unable to access or use certain features, options, programs, products, and services offered on our Services.

2. TYPES OF PERSONAL INFORMATION WE COLLECT

The types of Personal Information that we may collect for the purposes described in this Privacy Notice are described in this section and include Personal Information that you voluntarily provide to us, Personal Information that we collect automatically when you use Services, and Personal Information that we collect from other sources. Types of Personal Information we may collect and use include

• Personally identifiable contact information such as your address, email, phone number, or other information you submit when communicating with us, such as when using the “contact us” sections of our Services.
• Demographic information such as your name, gender, date of birth, and zip code.
• Purchase information, such as items you purchase, shipping address, and contact information for order details, statuses, or issues.
• Payment information, such as your payment method, payment details (debit or credit card number and information) and billing address.
• Account and profile information, which may include your photo or other information included in your account or profile.
• Information you publish or submit on publicly available websites, blogs, chat rooms, and social media networks.

2.1 PERSONAL INFORMATION YOU VOLUNTARILY PROVIDE TO US.

Company collects Personal Information that you provide on our Services, for example, through a booking form in order to book a Game, to purchase goods from our Services, to purchase a gift card, to receive marketing products and information, to contact Company customer service, or to respond to Company’s questionnaires or surveys. For example, you may voluntarily submit Personal Information to us in the following instances:

• 2.1.1 CONTACT US
  • You may voluntarily contact us by submitting Personal Information, such as your first and last name, email and phone number, by calling us, emailing us, or reaching us via live chat features or web forms located on our Websites. Personal Information collected by the “Contact Us” feature is used to contact you to respond to your inquiries and is not used to add you to our newsletter or another unsolicited marketing message (unless you also otherwise provide us with your Personal Information for those purposes).

• 2.1.2 PAYMENT AND FINANCIAL INFORMATION
  • Certain components of our Services may require you to provide us with your payment or financial information, including your credit card number, expiration date, security code, shipping address and billing address, which constitutes Personal Information. For example, if you purchase gift cards, Company branded apparel, other products on our Company online store, or book a Game via our Services, we may collect Payment Information from you to provide you the products or Services you requested. We, with support from our authorized service providers (see the Service Providers in Section 4 of this Privacy Policy below), will only use your payment information to process your payments to provide you with the products or items you ordered through our Services.

• 2.1.3 SURVEY RESPONSES
  • You may voluntarily provide us your Personal Information when responding to surveys about our products and services. Survey responses are used only to improve our services and products and to help us better understand your usage, preferences and attitudes. This information is used in collective form during our sales and normal business processes.

• 2.1.4 NEWSLETTERS AND MAILINGS
  • You may voluntarily submit your Personal Information, including your first name, last name and email address to receive newsletters, publications and other communications regarding our Services and our products, services, and other offerings. We may send you notifications, newsletters, promotions, or other information via email or mail relating to our Services. You may choose to stop receiving these by following the unsubscribe instructions provided in Section 7.2 of this Privacy Policy.

• 2.1.5 ACCOUNT REGISTRATION
  • Certain portions of our Services may require you to set up a user account. If you are an eligible user who has completed the registration process to access a password-protected portion of the Services, or to create a profile through our Services (“Registered User”) you may be asked to provide us with Personal Information including your first name, last name, email address, date of birth, a unique username you would like to be identified by and a password. We may process your username and password (whether alone or in combination with other data to detect fraud) to enable you to log into the Service, and we process information relating to access privileges granted to you to appropriately control your access to password-protected content. We process this Personal Information only as necessary to provide you our Services, as well as to further our legitimate interests of protecting our Services and the content on our Services.

• 2.1.6 SOCIAL MEDIA
  • Our Services may allow you to share content with third-party social networking sites (e.g. Facebook®, Twitter®). If you choose to do this, your interactions with these third parties are governed by the privacy policies of those third parties, not by this Privacy Policy.

• 2.1.7 VIRTUAL EXPERIENCE
  • In certain cases, our Services may utilize the services of one or more third party video conferencing providers. We do not control the privacy practices of such third-party providers. If you choose to participate in such Services, please review the privacy policy of such third-party provider. In some cases, video conferences or portions thereof, along with corresponding chat, question or survey entries, may be recorded upon request or for the purposes of improving our Services, preventing abuse, understanding user trends and the usage of our Services, and analyzing the effectiveness of our Services. If we record video conferences, we will inform you transparently in advance and, if necessary, ask for your consent. The fact of the recording is also displayed in the video conferencing

2.2 INFORMATION WE COLLECT AUTOMATICALLY.

Certain information on our Services is collected automatically by means of various software tools, as described below. We have a legitimate interest in using such information to assist in log-in, systems administration, and information security and abuse prevention purposes, as well as to track user trends, understand the usage of our Services, analyze the effectiveness of our Services, and improve our Services. Some or all of the automatically collected information may, alone or in combination with other information, constitute Personal Information under certain laws pertaining to data privacy. Some of our service providers may also use cookies or other methods to gather information regarding your use of our Services. These service providers may use these cookies or other tracking methods for their own purposes by evaluating information about your use of our Services in combination with any Personal Information about you that they may have. The use of this information, including any Personal Information they may have about you, by these service providers is subject to the privacy notices or privacy policies of such service providers, if any, rather than this Privacy Policy.

We may maintain certain log files relating to the access and use of our Website. The information inside the log files may include internet protocol (“IP”) addresses, network request information, standard system logs, crash information and other anonymous identifier technologies (collectively, “Log Data”). Log Data may be used to monitor and analyze use of our Services, resolve technical issues, perform technical administration, enhance functionality and user-friendliness, and better tailor our Services to your needs.

We use cookies, which are small pieces of data stored in text files, to make interactions with our Services easy, efficient, and meaningful. When you visit our Services, our servers may send a cookie to your computer or other device. Cookies collect and allow us to compile information about the usage of our Services and interaction with emails from us. Standing alone, cookies do not personally identify you; they merely recognize your web browser. Unless you choose to identify yourself to us, either by responding to an email, opening an account, or filling out a web form, you remain anonymous to us. If you identify yourself to us, then these cookies may also collect Personal Information and may allow us to track your usage of our Services, determine your usage preferences, and improve and customize your experience when using our Services. We may use cookies that are session-based or persistent. Session cookies exist only during one session; that is, they are downloaded to your web browser when you visit our Services, but then disappear from your computer/device when you close your browser software or turn off your computer/device. Persistent cookies, on the other hand, are used for multiple visits to our Services and remain on your computer/device after you close your browser or turn off your computer/device. We may use web beacons, either alone or in conjunction with cookies, to compile information about your usage of our Services and interaction with communications from us. Web beacons, also known as pixels, are clear electronic images that can recognize certain types of information on your computer/device, such as cookies, when you view a particular site or email tied to the web beacon. For example, we may place web beacons in marketing emails that notify us when you open an email or click on a link in the email that directs you to our Website. We may also use web beacons to operate and improve our Services and email communications. Unlike cookies, however, web beacons are not stored on your computer/device, so even if you disable cookies on your web browser, web beacons may still load and be used as described above.

We may use certain third party analytics services to improve the functionality, features, or delivery of our Services. We may also use these analytics services to record clicks, movements, scrolling activity, as well as any text that you type into our Services. For example, we use Google Analytics on our Websites to track user trends and usage. For more information on Google Analytics’ processing of Personal Information as it relates to our Website, please visit here. By using a browser plugin provided by Google by clicking here, you can opt out of Google Analytics.

If you interact with us through social media, your interaction with us may enable the social media platform to collect information about you through cookies they place on your device and other tracking mechanisms. In some cases, the social media platform may recognize you through its cookies even when you do not interact with their application. Additionally, our Services may contain hyperlinks or components which utilize social media functionalities to enable you to easily share information with others on social media. Please visit the social media platform’s privacy policy to better understand their data collection practices and controls they make available to you.

To help promote user experience, we may engage third parties, including social media platforms, who use cookies, pixel tags, and other storage technologies to collect or receive information from our website and elsewhere on the internet to provide marketing services to us, including targeted advertising. If you want to learn more, including how you may opt-out of targeted advertising, you should visit the following websites: https://www.aboutads.info/choices/, https://www.networkadvertising.org, https://www.youradchoices.com (please note: we do not operate or control these third party sites, and there may be additional ways for you to opt out of online advertising). When you opt-out using these links, please note that you may still receive advertisements. They just will not be personalized based on your interests.

3. THE PURPOSES FOR WHICH WE USE PERSONAL INFORMATION

In addition to the purposes outlined in Section 2 of this Privacy Policy, we may use your Personal Information for the following purposes (subject to legal restrictions under law):

• to provide you the products and services you requested;
• to communicate with you, including responding to your inquiries and sending information we believe may be of interest to you; we may also contact you with regard to changes to the Services and related policies in our discretion;
• to facilitate payments to us;
• to improve our Services, customize your experience, offer goods, products or services that may be relevant to you, or to offer content services to you either directly or that are made available by a third party;
• to create de-identified or aggregated data relating to the use of our services and offerings;
• to protect or defend our legal rights or our property, and to ensure the technical functionality and security of our Service;
• for purposes as otherwise required by us for our legal and ethical compliance obligations, or as otherwise disclosed at the time you provide your information.

4. WHEN WE SHARE YOUR PERSONAL INFORMATION

We will not disclose Personal Information except as set forth in this Privacy Policy or with your consent. This section describes to whom we disclose Personal Information and for what purposes:

• Affiliates. We may share your Personal Information with our affiliates and stores who will accommodate your game booking or provide you the products, services, and offerings you request. These affiliates may contact you about their products, services or other offerings that may be of interest to you.
• Service Providers. We may share your Personal Information with third-party service providers that perform tasks on our behalf related to our business. Such tasks include processing payments, fulfilling orders, booking, obtaining waivers relating to our products, services, and offerings, delivering packages, analyzing websites or mobile usage data, customer service, electronic and postal mail service, contests/surveys/sweepstakes administration, marketing services, social commerce and media services (e.g., Facebook, ratings, reviews, blog), and video conferencing services. We take commercially reasonable steps to help ensure our service providers provide at least the same level of protection for Personal Information as we do.
• As required or appropriate by law. We will disclose your Personal Information as necessary or appropriate, including without limitation:
  • As required by law, which can include providing information as required by law, regulation, subpoena, court order, legal process or government request;
  • To enforce our Terms of Use, including investigations of potential violations thereof;
  • To detect, prevent or otherwise address fraud, security or technical issues;
  • When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request.
• Mergers, Acquisitions or Transactions. As we continue to develop our business, we might sell or buy brands, stores, subsidiaries or businesses. We may share or transfer your Personal Information with a third party in such transactions (including without limitation, any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets). In those transactions, your information can be one of the transferred business assets.
• As Directed by You. If you provide Personal Information for a certain reason, we may use the Personal Information in connection with the reason for which it was provided. For instance, if you provide Personal Information for purposes of sharing it with one of our business partners, you authorize us to share your Personal Information with that business partner.

5. HOW WE PROTECT THE CONFIDENTIALITY OF PERSONAL INFORMATION

While no websites can guarantee security, we maintain appropriate technical and organizational measures to protect your Personal Information, including assuring that third-party service providers who access or handle Personal Information on our behalf and affiliates maintain such safeguards.

However, there is no guarantee that information will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. When you submit information to us through our Services, you should be aware that your information is transmitted across the Internet and that no method of transmission over the Internet is completely or 100% secure. Please note that emails, live chat messages and other communications you send through our Services are not encrypted, and we strongly advise you not to communicate any confidential information through these means.

In the event that a breach in our security systems occurs and there is a possibility that an unauthorized person acquires your Personal Information, we will notify you of such a breach if we are required by applicable law to do so. However, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system, as well as for the legitimate needs of law enforcement, if notification would impede a criminal investigation. From time to time, we evaluate new technologies for protecting information and, when appropriate, we will undertake reasonable efforts to upgrade our information security systems. If you notice or suspect any security violations, please contact us by sending an email to Privacy@TheEscapeGame.com.

6. RETENTION OF PERSONAL INFORMATION

We reserve the right to retain any Personal Information as long as the Personal Information are needed to: (i) fulfill the purposes that are described in Section 3 (The Purposes For Which We Use Personal Information), and (ii) comply with applicable law. We will take all reasonable steps to destroy, or erase from our systems, all Personal Information which is no longer required for the purposes for which the Personal Information was collected.

7. YOUR PRIVACY CHOICES

7.1

Depending on your local laws, you may have some or all of the below listed rights regarding your Personal Information. If you would like to exercise one of your rights, please contact us using the information provided in Section 11 of this Privacy Policy. If you are a resident of California, please see Section 9 for additional information regarding California privacy rights.

• Right to request access
• Right to request amendment
• Right to request deletion

7.2 OPTING-OUT OF PROMOTIONAL EMAILS

You may choose not to receive future promotional or advertising emails from us by selecting an unsubscribe link at the bottom of each email that you receive from us. Additionally, you may send a request specifying your communications preferences to Privacy@TheEscapeGame.com. You cannot opt out of receiving transactional emails related to the performance of our services. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request as well as transactional, administrative, maintenance and operational emails.

7.3 DO NOT TRACK SIGNALS

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, our Services do not currently interpret, respond to or alter their practices when it receives “Do Not Track” signals.

8. CHILDREN’S PRIVACY

We are committed to preventing the unintentional collection of Personal Information from children under the age of 13, and we recognize the need to provide further privacy protections with respect to Personal Information we may have collected from children on our Services. Some of the features on our Services are age-gated so that they are not available for use by children, and we do not knowingly collect Personal Information from children in connection with those features. When we intend to collect personal information from children, we take additional steps to protect children’s privacy, including:

• Notifying parents about our information practices with regard to children, including the types of Personal Information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information;
• In accordance with applicable law, obtaining consent from parents for the collection of Personal Information from their children or for sending information about our products, services and offerings directly to their children;
• Limiting our collection of Personal Information from children to no more than is reasonably necessary to participate in an online activity;
• Subject to verification, giving parents access or the ability to request access to Personal Information we have collected from their children and the ability to request that the personal information be changed or deleted.

If you are the parent or legal guardian of a child under the age of 13 whom you have reason to believe has provided his or her own Personal Information to us, you have the right to request the removal of that child’s Personal Information from our database. In order to request such removal, please send an email to Privacy@TheEscapeGame.com. You will be required to verify your identity as the child’s parent or legal guardian in order to have their Personal Information removed.

9. CALIFORNIA RESIDENTS’ PRIVACY RIGHTS

This section applies to our collection and use of “Personal Information”, as defined under California law, if you are a resident of California.

A. TYPES OF PERSONAL INFORMATION SUBJECT TO CALIFORNIA PRIVACY LAW

In accordance with California law, we collected the following categories of Personal Information within the preceding 12 months:

• Identifiers such as your name, alias, email address, mailing address, IP address, and online identifiers;
• Certain categories of Personal Information described in subdivision (e) of California Civil Code Section 1798.80;
• Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
• Internet or other electronic network activity information, including information on your usage of our Website (“Usage Information”);
• Audio, electronic, visual, thermal, olfactory, or similar information;
• Professional or employment-related information;
• Information used to create a profile about a consumer reflecting the consumer’s preferences or behavior.

We share each of these categories of Personal Information with our service providers to the extent necessary to provide their products and services and as otherwise described above.

Additionally, within the past 12 months, some of our online advertisers may have used and disclosed Usage Information collected automatically from the Service. This may be a “sale” as broadly defined under the CCPA. Therefore, we provide you the right to opt out of this “sale” of Personal Information as described, below.

B. YOUR CALIFORNIA PRIVACY RIGHTS

If you are a resident of the California, you have the following rights:

• Right to Know. You may have the right to request information on the categories of personal information that we collected in the previous twelve (12) months, the categories of sources from which the personal information was collected, the specific pieces of personal information we have collected about you, and the business purposes for which such personal information is collected and shared. You also have the right to request information on the categories of Personal Information which were disclosed for business purposes and the categories of third parties in the twelve (12) months preceding your request for your personal information.
• Right to Delete. You may have a right to request us to delete Personal Information that we collected from you.
• Right to Opt-Out. You have a right to opt-out of certain disclosures of Personal Information to third parties if such disclosures constitute a “sale” under California law. As noted above, in the past twelve (12) months we enabled advertisers to collect certain information from the Services which the advertisers may use to improve their interest-based advertising networks. Regardless of whether this is a “sale,” you may opt-out of interest-based advertising as described in Section 2.2.5, above.

If you would like to exercise your rights listed above, please contact (or have your authorized agent contact) us using the contact details provided in Section 11, below. When doing so, please tell us which right you are exercising and provide us with contact information to direct our response.

10. MODIFICATIONS TO PRIVACY POLICY

We may update this Privacy Policy from time to time to reflect changes to our information practices. We will provide you with advance notice of a major change prior to your access of any portion of our Services. We do not ordinarily provide advance notice of a minor change. We encourage you to periodically review this page for the latest information on our privacy practices. You can tell when changes have been made to the Privacy Policy by referring to the “Last Updated” legend on top of this page. Your continued use of our Services and/or utilization of any Services benefits after this Privacy Policy has been updated (and after advance notice for a major change) indicates your agreement and acceptance of the updated version of the Privacy Policy.

11. CONTACT US

If you have any questions about this Privacy Policy or any of the above, please email us at Privacy@TheEscapeGame.com. You may contact us by mail at: The Escape Game, LLC, 508 E. Iris Dr., Nashville, TN 37204, (615) 601-2606.