KANSAS EXPERIENCE PRIVACY POLICY

This Privacy Policy describes how Kansas Experience, LLC (“KansasExp”), collects and uses your information when you visit, access or make use of the website located at www.alitaexperience.com (the “Site”), or the other current and future online and mobile websites, platforms, services, applications, and networks owned or operated by KansasExp (the Site and these other websites, platforms, services, applications and networks constituting the “Service”). 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. This Privacy Policy is part of, and is governed by, the terms and conditions set forth in our Terms of Service located here: https://alitaexperience.com/terms-conditions

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 3 BELOW.

1. COLLECTION OF INFORMATION

We collect various types of information from you when you use the Service, as follows:

• Information You Directly and Voluntarily Provide to Us. Voluntarily provided information may include your name, address (including your country), email address, 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. KansasExp also will collect demographic information that you voluntarily provide, such as age, gender, household income, political affiliation, race and religion.
• 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. You can set your browser to reject cookies or to notify you when you are sent a cookie. However, if you disable cookies you may not be able to log in to the Service or to use certain features of the Service. To find out more about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
• 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. KansasExp 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 (see the “Online Advertising; Tracking” 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. KansasExp 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 Immersive Experiences. We may collect information about you when you participate in one of the live immersive experiences that we offer at Immersive Locations (“ILs”). We may collect photos or videos of you at ILs. We may also collect and save information you provide to us and track your movement when you visit a kiosk at ILs and participate in immersive game play activities at an IL.
• You agree that before, during and after your participation in KansasExp experience, you may be photographed or audio/video recorded at KansasExp location by KansasExp or someone acting on its behalf, or by other parties not under KansasExp’s control such as other customers at the location. You agree that photographs and recordings of you (“Photos/Recordings”) alone or with other people taken at KansasExp location, may be used and displayed in one or more of the following: at KansasExp’s retail locations (interior/exterior), in social media and/or for other promotional purposes for KansasExp and companies affiliated with the experience and with KansasExp. 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 KansasExp, LLC and its licensees, successors and assigns.
• You agree that in the event of any use of Photos/Recordings by any third party not under KansasExp’s control, or in the event of any unintentional good faith unauthorized use or disclosure of the Photos/Recordings by KansasExp, its successors, licensees or assigns, their employees, officers, or agents or anyone under their control or otherwise acting on their behalf (collectively the “KansasExp Parties”), you will hold KansasExp Parties harmless from any claims or damages arising therefrom and hereby release KansasExp Parties from any such claims arising out of such usage.

2. HOW WE USE THE INFORMATION WE COLLECT FROM YOU

• Providing and Managing the Service. KansasExp 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. 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. 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.
• Communicating with You. KansasExp may also use your information to contact you in connection with the KansasExp experience itself, and the completion of surveys and/or research questionnaires related to your opinion of current or potential future services that KansasExp or its partners may offer. If you have provided your email address to us, we may email you about products and services that we believe may be of interest to you. 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@alitaexperience.com.
• Online Advertising; Tracking. KansasExp 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 web sites 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. For information about how tracking works for online advertising purposes, and what happens when you elect a do-not-track option, visit http://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.

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, KansasExp 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.

3. HOW WE SHARE YOUR INFORMATION WITH THIRD PARTIES

• 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 KansasExp, 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. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.
• 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.  For example, we may share certain limited information (i.e. names and email addresses) we collect from and about you in connection with any “Alita” or other Immersive Experiences involving content of 20th Century Fox Film Corp. or its affiliates (collectively, “Fox”), with Fox and the use and processing of such information shall be subject to Fox’s Privacy Policy [https://www.https://www.foxprivacy.com/us/privacy.html]
• 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. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Privacy Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.
• Aggregate Information. We may share information relating to users of the Service with affiliated or unaffiliated third parties on an anonymous, aggregate basis. While this information will not identify you personally, in some instances these third parties may be able to combine this aggregate information with other data they have about you, or that they receive from third parties, in a manner that allows them to 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 venturers, or other companies under common control with us (our “Affiliates”). If you opt-in to receive marketing communications from KansasExp, 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@alitaexperience.com.

4. CHILDREN UNDER AGE 13

KansasExp does not knowingly collect personally identifiable information from children under the age of thirteen (13). Children under the age of thirteen (13) are prohibited from creating an account on (or otherwise become a user of) the online Service, and children under the age of thirteen (13) are prohibited from providing any personal information of any kind through the Service. KansasExp will allow children under the age of thirteen (13) to participate in some of the immersive experiences that we offer at ILs, but only after receiving a verifiable affirmative 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 track the child’s movement when he/she participates in an immersive experience at an IL and will collect, share and use such information in the same manner as described for adults in this policy.

Important link to comply with COPPA (Children’s Online Privacy Protection Rule):

https://www.ftc.gov/tips-advice/business-center/guidance/childrens-online-privacy-protection-rule-six-step-compliance.

5. SECURITY

KansasExp uses commercially reasonable efforts to implement industry standard 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 or 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.

6. CHANGES TO THIS PRIVACY POLICY

KansasExp 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 Site. 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. Where practical, we will try and provide advance notice of changes to this policy, but if the policy is reviewed only at our physical location during a periodic visit to an IL, or is not reviewed online or elsewhere regularly, you may not receive actual advance notice of changes.

7. ACCEPTANCE OF TERMS

When you visit, access or use the Service, you accept the terms of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, then you should not use the Service.

8. SPECIAL INFORMATION FOR CALIFORNIA RESIDENTS

[A.      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: KansasExp, LLC 1441 Broadway, Suite 2301, New York, NY 10018, USA or by email at [info@alitaexperience.com]. In your request, please specify that you want a “California Privacy Rights Notice.”  Please allow thirty (30) days for a response.

In addition, if you are a California resident under the age of 18 and are a registered user of the Service, you may request that we remove content or information that you posted on the Service or stored on our servers by (i) submitting a request in writing to [info@alitaexperience.com] and (ii) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to erase or otherwise eliminate content or information if (a) other state or federal laws require us or a third party to maintain the content or information; (b) the content or information was posed, stored, or republished by another user; (c) the content or information is anonymized so that the minor cannot be individually identified; (d) the minor does not follow the instructions posted in this Privacy Policy on how to request removal of such content or information; and (e) the minor has received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain such content or information.

9. 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@alitaexperience.com

Mailing Address:

KansasExp, LLC
Attn: Legal Department
1441 Broadway, Suite 2301
New York, NY 10018, USA