Privacy

Privacy Policy

THE XPERIENCE LAB

Effective Date: Jan. 1st, 2023

Introduction

This Privacy Policy describes how The Xperience Lab (the “Company,” “we,” “us” or “our”) collects, uses, shares, and protects information about your use of Company’s website at www.thexperiencelab.com (the “Site”), mobile applications (“Apps”), and any other online service locations where this Privacy Policy is posted (we refer to the Site, Apps, and other service locations, and the features, content, and software made available through them, collectively, as the “Service”). It also details the choices you have regarding the use and disclosure of information about you collected through the Service.

By using the Service, you agree to our Terms of Use and consent to the Company’s collection, use, storage, deletion, and disclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is effective as of the date set forth above and is only applicable to the Service and not to any other websites or online service locations that you may be able to access from the Service which may have their own data collection and use practices and policies.

Types of Information We Collect

Information you Provide

We and our Service Providers (defined below) may collect information you provide directly via the Service. For example, we collect information when you sign up to receive periodic updates and promotional materials from us; make a purchase through the Service; or receive customer or technical support.

The information we collect may include personal information. “Personal information” means information that can be used to identify you personally (whether alone or in combination), such as your first and last name, e-mail address, phone number, and postal address. You may choose to voluntarily submit certain other information to us through the Service, including personal information, but you are solely responsible for your own personal information in instances where we have not requested that you submit such information to us. 

We may make your personal information non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or e-mail address) that make the information personally identifiable. This process is known as de-identifying your information. Personal information once de-identified is not subject to this Privacy Policy and we and our Service Providers may treat it as non-personal information and use it without obligation to you except as prohibited by applicable law. 

Information Collected Automatically

We and our Service Providers may automatically collect certain information about you when you access or use the Service (“Usage Information”). Usage Information may include IP address, device identifier, browser type, operating system, data regarding network connected hardware, and information about your use of the Service. To the extent that we combine Usage Information with your personal information, we will treat the combined information as personal information under this Privacy Policy.

The methods that may be used on the Service to collect Usage Information include:

• Log Information: Log information is data about your use of the Service, such as IP address, browser type, internet service provider, referring/exit pages, operating system, date/time stamps, and related data, which is stored in log files.
• Information Collected by Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, device fingerprinting, in-app tracking methods, and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about your interactions with the Service or e-mails, including information about your browsing and activity behavior.
• Cookies: Cookies are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s device. Like many websites, we employ cookies in certain areas of the Service to allow us to provide information to make your online experience more convenient. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies help in understanding how you use the Service, and remain longer. The Service may associate some or all of these types of cookies with your devices. Cookies may remain on your device for extended periods of time.
• Web Beacons (“Tracking Pixels”): Web beacons are small graphic images, also known as “internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views.
• Embedded Scripts: An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your device from our web server or a third party with whom we work, is active only while you are connected to the Service, and deleted or deactivated thereafter.
• Location-identifying Technologies: GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location.
• Device Fingerprinting: Device fingerprinting is the process of analyzing and combining sets of information elements from your device’s browser, such as JavaScript objects and installed fonts, in order to create a “fingerprint” of your device and uniquely identify your device and applications.
• In-App Tracking Methods: There are a variety of tracking technologies that may be included in mobile apps, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs” to associate app user activity to a particular app and to track user activity across apps.

Some information about your use of the Service and certain Third Party Services (defined below) may be collected using Tracking Technologies. For further information on Tracking Technologies and your choices regarding them, please see “Third Parties” and “Your Choices” below.

Information from Other Sources

We may obtain information about you from other sources, including Service Providers and Third Party Services, and combine such information with information we have collected about you. To the extent we combine such third party sourced information with personal information we have collected about you on the Service, we will treat the combined information as personal information under this Privacy Policy. We are not responsible for the accuracy of any information provided by third parties or third party policies or practices.

How We Use Your Personal Information

We may use information about you, including your personal information, for any purposes consistent with our statements under this Privacy Policy or as permitted by applicable law, including to:

• manage our Service, including our games;
• fulfill your product orders;
• provide you with information and updates pertaining to specific orders;
• handle your customer service questions or issues, and request feedback;
• send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages;
• prevent and address fraud, breach of policies or terms, and threats or harm;
• monitor and analyze trends, usage, and activities;
• conduct research, including early access tests and surveys;
• improve the Service or other Company websites, applications, marketing efforts, products and services;
• alert you on the Service of new services, features, events, promotions, or enhancements to the Service, and direct market to you (residents of the EEA (defined below) can exercise choice regarding the use of their information for our direct marketing purposes as set forth in “Your European Privacy Rights” below);
• send you promotional communications, with your opt-in consent, about Company products, services, offers, rewards, events, and promotions we think you may be interested in (for information about how to exercise choice regarding these communications and marketing efforts, please see “Your Choices” below); and
• fulfill any other purpose disclosed at the time you provide personal information.

Sharing of Information

We may share information about you, including personal information, under the following circumstances:

• Service Providers. We may share your information with our agents, vendors, consultants, and other service providers (“Service Providers”) that we engage for the purpose of processing information on our and your behalf to deliver, develop, improve, and protect our products and the Service, and communicate with you in response to your questions and regarding the Service. For example, we may engage other companies to process payments for the Service. Additionally, we may engage other companies to process, analyze, and/or store data and assist with our marketing efforts (for information about how to exercise choice regarding sharing of information with Service Providers, see “Your Choices” and “Your European Privacy Rights” below). While providing services for us, these companies may access your personal information. These Service Providers are prohibited from using your personal information other than to provide this assistance and are required to maintain appropriate confidentiality and security measures.
• Protection of rights. We must disclose your personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also share your information, including personal information, if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our Terms of Use for the Service, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Service, or (iv) such action is appropriate to protect the rights, property or safety of the Company, its employees, users of the Service or others.
• Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of the Company’s assets, user information, including personal information collected from you through your use of the Service, could be included in the discussions and transferred assets. Should such an event occur, we will use reasonable means to notify you through e-mail and/or a prominent notice on the Service.
• Internal Business Purposes. We may share your information, including personal information, with our affiliates for internal business purposes.
• Consent and Pursuant to this Privacy Policy. We may share your information, including personal information, with third parties with your consent, which you may withdraw at any time by e-mailing us at info@supergiantgames.com, or for any purposes consistent with our statements under this Privacy Policy or as permitted by applicable law.
• Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you with third parties or affiliates for any purpose. 

Sweepstakes, Contests, Promotions

We may offer sweepstakes, contests, surveys, and other promotions (each, a “Promotion”) jointly sponsored or offered by third parties that may require submitting personal information. If you voluntarily choose to enter a Promotion, your personal information may be disclosed to third parties for administrative purposes and as required by law (e.g., on a winners list). By entering, you agree to the official rules that govern that Promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.

Third Parties

Links

This Privacy Policy does not cover the information practices of websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”) linked to the Service. When you have clicked on a third party logo or URL displayed on our Service which links you to a different website, our Privacy Policy no longer applies and you must read the privacy policy of the Third Party Service to see how your personal information will be handled on their website. For example, we may include links to Steam, Apple’s App Store, the PlayStation Store, and the Xbox Store. Also our online store is operated by a third party and when you checkout you are on a different website not owned or operated by us. We are not responsible for these or any other third parties’ collection and use of your personal information.

Third Party Features

Our Service contains features that allow you interact with, connect to, or access our Service through certain Third Party Services (“Third Party Features”). For example, you may interact with a Third Party Service when you shop on our online store and “like” or “share” content over social media through our Service. Remember that third parties may use Tracking Technologies to independently collect information about you and may solicit personal information from you. Also, if you use a Third Party Feature, both we and the applicable third party may have access to and use information associated with your use of the Third Party Feature.

Analytics and Advertising

Our Service contains Tracking Technologies operated by third parties. For example, our Service includes Google Analytics to help us learn about who visits our Service and what pages are being looked at. We also may advertise to you on Third Party Services using services operated by third parties that implement Tracking Technologies to track your activities across time and services, and tailor ads to you based on your activities (“Interest-based Advertising”).

The information collected and stored by third parties, whether through our Service, a Third Party Service, or a third party device, remains subject to their own policies and practices, including what information they share with us, your choices on their services and devices, and whether they store information in the U.S. or elsewhere. We are not responsible for and make no representations regarding third party policies and practices. You should refer to their privacy policies and statements to obtain information regarding their information collection, use and disclosure policies. To the extent we combine information we receive from third parties with personal information we collect directly from you on the Service, we will treat the combined information as personal information under this Privacy Policy.

For further information on Tracking Technologies and your choices regarding them, please see “Information Collected Automatically” above and “Your Choices” below.

Your Choices

Accessing Your Information

You have the right to access the personal information that you have voluntarily provided to us through the Service, and to review, correct, or delete it by e-mailing us at info@thexperiencelab.com or sending us a letter toThe Xperience Lab, 200 East Wood Street, Youngstown, Ohio 44509 (Attention: Legal). Please note that we may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Tracking Technology Choices

Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings.  Browsers offer different functionalities and options so you may need to set them separately. With respect to our Apps, you can stop all collection of information via the app by uninstalling the App.  Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device.

Please be aware that if you disable or remove these technologies some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit.  Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms.  For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

Analytics and Advertising Tracking Technology Choices.

You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on.

You may choose whether to receive Interest-based Advertising by submitting opt outs.  Some of the advertisers and Service Providers that perform advertising-related services for us and our partners may participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices, and http://www.aboutads.info/appchoices for information on the DAA’s opt out program for mobile apps.  Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads.  Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Company is not responsible for effectiveness of, or compliance with, any third-parties’ opt out options or programs or the accuracy of their statements regarding their programs.

Communication Choices

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. We will not use or share your personal information to send you marketing e-mails unless you provide opt-in consent.

You may opt-out of receiving marketing e-mails from us and our Service Providers at any time: (i) as provided in any e-mail to click on the unsubscribe link, (ii) by contacting us at info@thexperiencelab.com, or (iii) by mailing us at: The Xperience Lab, 200 East Wood Street, Youngstown, Ohio 44509 (Attention: Legal). We will try to make the requested changes in our active databases as soon as reasonably practical. Please note that you cannot unsubscribe from non-promotional e-mails from us, including messages relating to your account transactions, servicing, or Company’s ongoing business relations.

If you opt-in to push notifications, we may send you transactional notifications until you remove our mobile application or opt out by adjusting the permissions on your mobile device.

Your European Privacy Rights

If you are a resident of the EEA, you may opt-out of us processing your personal information (or providing it to third parties to process) for direct marketing purposes (including promotional e-mails and other forms of direct marketing) or purposes materially different than for which it was originally collected or subsequently authorized by you. If you wish to exercise this choice, please e-mail us at info@thexperiencelab.com or send us a letter to The Xperience Lab, 200 East Wood Street, Youngstown, Ohio 44509 (Attention: Legal). We will try to make the requested changes in our active databases as soon as reasonably practical.

What Security Measures Do We Take to Safeguard Your Personal Information?

The personal information that you provide to us is stored on servers, which are located in secured facilities and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personal information to Company employees and agents who need to know this information in order to develop, operate and maintain the Company Features. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Service and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk.

Privacy Shield and International Transfer

We are based in the U.S. and the information we and our Service Providers collect is governed by U.S. law.  If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored and used in the U.S.  Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing and storage of your information, including personal information, in the U.S. as set forth in this Privacy Policy. 

The Company has applied to participate in the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from the European Union and European Economic Area (“EEA”), and Switzerland. The Company has certified or will certify to the Department of Commerce that it adheres to the Privacy Shield Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, and recourse, enforcement and liability. For purposes of this section, Company refers to the following U.S. legal entities: The Xperience Lab.

In accordance with our obligations under the Privacy Shield, and subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission, we hereby affirm our commitment to subject to the Privacy Shield Principles all personal information transferred from the EU in reliance on the Privacy Shield. This means that, in addition to our other obligations under the Privacy Shield Principles, we shall be liable to you for any third party agent to which we transfer your personal information and that processes such personal information in a manner that violates the Privacy Shield Principles, unless we can demonstrate that we are not responsible for the resulting damages.

The Xperience Lab complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. The Xperience Lab has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

In the event that you have any inquiry, dispute, or claim arising out of our compliance with Privacy Shield, please e-mail us at info@thexperiencelab.com or send us a letter to The Xperience Lab, 200 East Wood St, Youngstown, Ohio 44509 (Attention: Legal). If we are unable to resolve your complaint directly, you may submit your complaint at no cost to you to JAMS at https://www.jamsadr.com/eu-us-privacy-shield. In the event there are residual complaints that have not been resolved by JAMS, or any other means, you may seek a non-monetary remedy through binding arbitration to be provided to you in accordance with the Privacy Shield Principles.

To learn more about the Privacy Shield Framework, please visit http://www.privacyshield.gov. A list of companies certified under the Privacy Shield Framework is available at the following link: https://www.privacyshield.gov/list.

Children’s Privacy

The Service is intended for a general audience and not directed to children under thirteen (13) years of age. We do not knowingly collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) in a manner that is not permitted by COPPA. We take children’s privacy seriously, and encourage parents to play an active role in their children’s online experience at all times. If you are a parent or guardian and believe Company has collected such information in a manner not permitted by COPPA, please e-mail us at support@thexperiencelab.com or send us a letter to The Xperience Lab 200 East Wood St, Youngstown, Ohio 44509 (Attention: Legal), and we will remove such data to the extent required by COPPA.

Notification of Changes to Privacy Policy

We reserve the right to change this Privacy Policy from time to time by posting an updated Privacy Policy on the Service. If the changes are material, we may provide you additional notice, to your e-mail address. The updated Privacy Policy will go into effect as of the effective date indicated at the top of the Privacy Policy unless otherwise specified to you. You can exercise choice not to be bound by the new Privacy Policy by not using the Service after the Privacy Policy goes into effect. If you use the Service after the Privacy Policy goes into effect, you understand and agree that you will be deemed to have accepted the updated Privacy Policy.

Questions? Contact Us

If you have any questions about our privacy practices or this Privacy Policy, including our compliance with Privacy Shield, please contact us by e-mail at info@sthexperiencelab.com or by mailing us at:

The Xperience Lab
200 East Wood St
Youngstown, Ohio 44509