Privacy Policy - Max Action Arena

Effective July 31, 2023

Thank you for choosing to be part of our community at Family Entertainment Group, LLC, and its parents, subsidiaries and affiliated companies (collectively, “FEG” and also referred to as “we”, “us” or “our”). We respect your right to privacy and are committed to protecting your personal information. We you visit or use our websites, including without limitation fegllc.com, inthegame.net, goingbonkers.com and maxactionaarena.com, third party software, mobile apps, or otherwise engage with us through a computer or mobile device, including through any guest Wi-Fi network in our locations (collectively, “Sites”), we appreciate that you are trusting us with your personal information.

Please take the time to read this Privacy Policy, as it is important and will help you understand how we collect, use and share personal information about you, and your choices regarding your personal information.

If you have any questions or concerns about this Privacy Policy, or our practices with respect to your personal information, please discontinue using our Sites and contact us at info@fegllc.com.

INFORMATION WE COLLECT AND HOW WE COLLECT IT

Personal information is data that identifies, describes, or could reasonably be linked with you. We collect personal information about you in several ways and from several sources. We collect personal information directly from you, automatically when you visit a Site and from third parties. We also create information about you in the context of a prospective employment relationship. The following explains the personal information under each of these categories of sources.

Information collected directly from you:

We, and our service providers, collect personal information that you provide voluntarily. This may include:

Contact information, such as your name, mailing address, email address and phone number;
Gender and date of birth;
Your username and password, and whether you have children, when signing up and accessing our rewards programs, such as In The Game Rewards, or when signing up for our membership programs, such as In The Game E-Club and Bonkers E-Club;
Payment information such as credit card or other payment method numbers, financial account information and billing address;
For prospective employees, information provided in employment inquiries, resumes and applications, which may include information regarding your education, work history, veteran or military status, and similar information;
Other personal information you provide to us.

Our Sites are not intended for children under age 13 and we do not knowingly collect personal information from children under age 13. If you are under age 13, please do not attempt to register with us at any Sites or provide any personal information about you to us. [WHAT HAPPENS IF A 12 YEAR OLD TRIES TO REGISTER ONLINE?] A user of our Sites between age 13 and 16 must have the permission of, and be directly supervised by, his or her parent or guardian to use our Sites, and the parent or guardian must agree to our Terms of Use.

Information collected automatically

When you visit our Sites, we and our service providers automatically collect personal and other information about your use of and access to these Sites. Like many other businesses, we collect this information through a variety of tracking technologies, including cookies and web beacons. Information collected in this manner may include device and usage information, such as your IP address, internet service provider, browser and device characteristics, operating system, location, information regarding how and when you use our Sites, and other technical information. It may also include analytics information collected by us or via third party analytics tools, to help us measure traffic and usage trends for the Sites and to understand more about the demographics and behaviors of our users

If you prefer not to accept cookies, most browsers will allow you to change your browser settings to disable existing cookies, automatically request cookies or to notify you when you receive a cookie. However, if you disable, modify, or reject cookies, some parts or functionalities of the Sites may be inaccessible or not function properly.

Information collected from third parties

We collect personal information about you from third parties such as consumer reporting agencies, job websites, application providers, and data providers for purposes of employment (prospective or current), to maintain applicable benefits and for other purposes stated below. We also collect personal information from third parties such as social networking sites or other application providers who have your consent to share the personal information or otherwise have the right to share the personal information with us.

USE OF YOUR INFORMATION

We may use personal information from or about you for various business purposes, including without limitation to:

Offer and provide you with information, products and services, including but not limited to email notifications about news, events, promotions, personalized offers, marketing programs, and membership and rewards programs;
Respond to and communicate with you about your requests, questions and comments;
Create and manage any accounts you have with us;
Communicate about, and administer your participation in, special events, programs, surveys, contests and other offers or promotions;
Process and administer orders and purchases
Send information to others consistent with this Privacy Policy;
Analyze and enhance our products and services and our customers’ experiences at our physical locations and our Sites.
Operate, evaluate and improve our business, including developing new products and services, managing our communications, and determining the effectiveness of our sales, marketing and advertising;
Perform data analyses and other processing, including market and consumer research, trend analysis, financial analysis, anonymization, encryption and tokenization of personal information;
Protect against, identify and prevent fraud and other criminal activity, claims and other liabilities;
Protect the safety and security of our business, services, and Sites including to detect and prevent suspected fraud, threats to our network or other illegal activities, prevent misuse or for any other reason permitted by law.
Comply with and enforce legal requirements and our policies, assist in an investigation, comply with requests from regulatory and law enforcement authorities and meet contractual obligations.
We may use third-party web and data analytics services on our Sites. Analytics providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use our Sites. The information collected through these means is disclosed to these analytics providers, who use the information to evaluate use of the Sites.
For prospective employees, to respond and communicate with you regarding employment opportunities and to manage your employment application.
We may combine information we collect from you with information we receive from third parties and use it for the purposes described in this Privacy Policy.
We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.

Targeted Advertising

Like many companies, we may collect information about your online activities to provide you with advertising about products and services tailored to you. You may see advertisements on other websites based on your visits to our Sites because we participate in advertising networks administered by third-party vendors. These networks track your online activities over time by collecting information through automated means, including through the use of cookies, web beacons and other technologies. The advertising networks use this information to show you advertisements that may be of particular interest to you. This data collection takes place both on our Sites and on third-party websites that participate in the advertising networks.

You can opt out of targeted advertising by visiting the Digital Advertising Alliance website (https://optout.aboutads.info/?c=2&lang=EN) or the Network Advertising Initiative website (https://thenai.org/opt-out/). These options are device-specific, so if you use multiple devices, you should opt out on each one. If you choose to opt out, you may continue to receive advertisements but they will not be tailored to your interests.

SHARING OF YOUR INFORMATION

We may share your personal information with our affiliates for business purposes consistent with the uses described in this Privacy Policy. We may also share information about you with third parties whenever you consent to or direct such sharing. We strive to work with companies that share our commitment to privacy. We may also share information with others in an aggregated or de-identified form that does not reasonably identify you.

We may also share your personal or other information with third parties for business purposes or as required or permitted by law including with:

Service providers: Personal information may be shared with service providers who perform services on our behalf, such as marketing and advertising networks and providers, including social media companies, analytics providers, payment processing providers, and professional advisors.
Business partners. Personal information may be shared with our business partners, such as food and beverage operators at our locations.
Third parties in connection with a business transaction: Personal information may be disclosed to third parties, including a successor to our business, in connection with a corporate transaction, such as a merger, sale of any or all of our assets or equity, reorganization, financing, change of control or acquisition of all or a portion of our business.
Law enforcement, regulators and other parties for legal reasons: Personal information may be disclosed to third parties, as required by law or subpoena, or if we reasonably believe such action is necessary to:
comply with the law and the reasonable requests of regulators, court orders, law enforcement or other public authorities, such as a subpoena, government audit or search warrant;
comply with a contract or as necessary to establish, exercise or defend against potential, threatened or actual litigation;
protect us, your vital interests, or those of another person; and
investigate fraud or to protect the security or integrity of our Sites or any product or services.

YOUR OPTIONS FOR MANAGING YOUR PERSONAL INFORMATION AND COMMUNICATIONS

You can manage your personal information and communications in the following ways:

Marketing Emails. You can unsubscribe from our marketing or promotional emails by clicking unsubscribe in those messages. Even if you opt out of marketing emails, we will still send you transactional emails, including responses to your questions regarding your account.
Text Messages. You can opt out of receiving marketing or promotional text messages by texting the word STOP in response to a text from us. [DO YOU COMMUNICATE VIA TEXT FOR MARKETING OR TRANSACTIONAL PURPOSES?]
Push Notifications. You can opt out of receiving push notifications through your device settings.
Location Information. You can prevent your device from sharing location information through your device’s system settings.
Cookies. You can modify your cookie settings on your browser, but if you delete or choose not to accept our cookies, you may be missing out on certain features of the Sites.

If you have any questions regarding your personal information or to update your preferences, please contact us at info@fegllc.com.

THIRD PARTY SITES

Links to third party websites may be provided on our Sites as a convenience to you. If you choose to go to these external websites, you will be subject to the privacy practices of those external websites. We are not responsible for the privacy practices of those websites. We encourage you to be aware when you leave our website to read the privacy policies or statements of every third party’s website you visit, as those privacy policies or statements may differ from ours. This Privacy Policy applies only to our Sites.

INFORMATION SECURITY

The security of your personal information is important to us. We use a combination of reasonable technical, administrative, and physical safeguards to protect your personal information against accidental or unauthorized loss, access, use or destruction. However, no website, mobile application, network, database or system is completely secure, and we cannot guarantee the absolute security of these or our Sites. You are also responsible for taking reasonable steps to protect your personal information against unauthorized disclosure or misuse and to follow and implement all policies and practices to protect personal information collected by us.

HOW LONG WE KEEP YOUR PERSONAL INFORMATION

We keep the categories of personal information described above for as long as necessary or permitted for the purposes described in this Privacy Policy or otherwise authorized by law. This generally means holding the information for as long as one of the following apply:

Your personal information is reasonably necessary to manage our operations or your relationship with us, or to satisfy another purpose for which we collected the information;
Your personal information is reasonably necessary to carry out a purpose that is reasonably compatible with the context in which the personal information was collected;
The information is reasonably required to comply with our legal obligations or to protect or defend our rights; or
We are otherwise required or permitted to keep your information by applicable laws or regulations.

Where personal information is used for more than one purpose, we will retain it until the purpose with the latest period expires.

CHANGES TO OUR PRIVACY POLICY

We may periodically update or revise this Privacy Policy. The date at the top of this page shows when this Privacy Policy was last revised. Please check this Privacy Policy from time to time for updates.

CONTACT US

If you have questions or concerns about our privacy practices, please contact us atinfo@fegllc.com

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ADDITIONAL NOTICES FOR RESIDENTS OF

CALIFORNIA, COLORADO, CONNECTICUT, NEVADA, UTAH AND VIRGINIA

The following part of our Privacy Policy applies to consumers that reside in California, Colorado, Connecticut, Nevada, Utah and Virginia. Under applicable law, you may have the following rights, in each case under the conditions and to the extent set out in applicable law:

ADDITIONAL NOTICE FOR CALIFORNIA CONSUMERS

Personal Information We Collect About California Consumers

We describe the personal information we have collected about California consumers in the twelve (12) months in the part titled, “Information We Collect and How We Collect It.” The information we have collected and used includes the following:

Identifiers, including name, mailing address, email address, phone number, IP address, email address, account name or other similar identifiers
Gender and date of birth;
Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
Your username and password, and whether you have children, when signing up and accessing our rewards programs, such as In The Game Rewards, or when signing up for our membership programs, such as In The Game E-Club and Bonkers E-Club;
Payment information such as credit card or other payment method numbers, financial account information and billing address;
For prospective employees, employment-related information including information provided in employment inquiries, resumes and applications, and information regarding your education, work history, veteran or military status, and similar information;
Characteristics of protected classifications under California or federal law, such as age and gender
Internet or other electronic network activity information, including browsing history, search history, and information regarding interactions with our Sites, applications, or advertisements
Geolocation data
Audiovisual information, including audio from customer service calls and video at our locations via CCTV cameras
Inferences reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
Sensitive personal information, such as log-in credentials, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account
Other personal information you provide to us.

We collect this personal information directly from you when you provide information to us, for example, when registering for or using our online services, logging into Wi-Fi, or contacting us; from your computer system or mobile device when you use our online services, visit our locations, or use in-location technologies; from other companies and organizations, such as our advertising agency partners, social media networks, data brokers, payment processors, and other providers and from publicly available sources. For more information, please review the above section titled “Information We Collect and How We Collect It.”

Use of Personal Information of California Residents

We use the personal information we collect about California consumers for the business purposes disclosed within this Privacy Policy. For more information, please review the above section titled “Use of Your Information.”

The business purposes for which we may use personal information about California consumers include:

Processing your purchases of or requests for products or services
Providing, developing, maintaining and improving our Sites
Communicating with you, and maintaining and managing your account with us
To support our promotions and loyalty programs
Customer service
Marketing and advertising
To better understand how users access and use our Sites, to respond to user desires and preferences, auditing, and for other research and analysis
To help maintain the safety, security, and integrity of our Sites, databases and other technology assets, as well as your account
Detecting, investigating, or protecting against malicious, deceptive, fraudulent, or illegal activity
Tailoring our content or otherwise personalizing the Sites and our communications with you
As part of our application process for potential employees

We may also use the information we collect for our own or our service providers’ other operational purposes, purposes for which we provide you additional notice, purposes disclosed elsewhere in this Privacy Policy, or for purposes compatible with the context in which the personal information was collected.

Additionally, we may use and disclose any category of personal information or sensitive personal information we collect to respond to law enforcement requests, or as otherwise required or authorized by applicable law, court order, or governmental regulations; to protect our rights and interests and those of others; to resolve any disputes; to enforce our policies; and to evaluate or conduct a merger, sale, or other acquisition of some or all of our assets.

We may de-identify personal information about you or receive de-identified personal information about you, and we may use and disclose such information for any purpose in accordance with applicable law. We will maintain de-identified information in de-identified form, and will not re-identify such information, except in accordance with the requirements of applicable law.

Disclosure of Personal Information

As is common practice among businesses that operate websites and other Sites, within the past 12 months, we may have disclosed identifiers such as email addresses, information about the use of our websites and apps, and inferences drawn about you to our social media, advertising, and analytics partners. Although we do not sell personal information in exchange for money, under certain state laws, some of the ways in which we disclose personal information may be considered to be a sale of personal information for consideration and/or the “sharing” of personal information for cross-context behavioral advertising. We do not disclose personal information of individuals we know to be under the age of 16 to other businesses or third parties for consideration or for cross-context behavioral advertising.

We have disclosed and may disclose personal information in the categories identified in this Additional Notice for California Consumers to our affiliates, vendors who provide services to us, in connection with a sale or transfer of all or part of our business, and as otherwise provided in “Sharing of Your Information.”

California Privacy Rights

As a California resident, you have the right to submit requests relating to your personal information in accordance with the California Consumer Privacy Act (“CCPA”) as described below.

Right to Know. You have the right to know what personal information we have collected about you, which includes:

The categories of personal information we have collected about you, including:
- The categories of sources from which the personal information was collected
- Our business or commercial purposes for collecting, selling, or sharing personal information
- The categories of recipients to which we disclose personal information
- The categories of personal information that we sold, and for each category identified, the categories of third parties to which we sold that particular category of personal information
- The categories of personal information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of personal information
The specific pieces of personal information we have collected about you.

Right to Delete. You have the right to request that we delete personal information concerning you, subject to exceptions. If you have requested a service that requires the use of your personal information, we may not be able to provide that service if you choose to delete your personal information.

Right to Correct. If you believe that personal information we maintain about you is inaccurate, you have the right to request that we correct that information.

Right to Opt Out. You have the right to opt out of the sale of personal information and the sharing of personal information about you for cross-context behavioral advertising.

Submitting Opt Out and Other Requests Relating to Your Personal Information. To opt out of the sale of personal information and the sharing of personal information about you for cross-context behavioral advertising, and for all other types of requests, please email us at optout@fegllc.com. Please note that we may need to authenticate your identity before your request can be processed. For authentication, you will be asked to log into your account or to provide 2-3 pieces of personal information that we will match against our records. To opt-out of collection of information by analytics, advertising, and social media partners, you can click on Cookie Settings on our website and disable cookies. You can also visit the opt-out tools provided by the Network Advertising Alliance and the Digital Advertising Alliance.

Right to Non-Discrimination for the Exercise of Your Privacy Rights. If you choose to exercise any of your privacy rights under California law, you also have the right not to receive discriminatory treatment by us.

Additional Information About Our Rewards Programs

California Notice of Financial Incentive

We may offer loyalty programs (such as In The Game Rewards, In The Game E-Club and Bonkers E-Club) that provide benefits such as rewards points and discounts to those who choose to participate. From time to time, we may also offer coupons, discount codes, or offers for free products or services that require a sign-up. Participation requires you to provide some personal information, such as identifiers, commercial information, internet or other electronic network information, geolocation data and inferences.

We may share this personal information with the categories of third parties listed in “Sharing of Your Information.” We may also process and share this information for targeted advertising.

We benefit financially from these programs through increased customer loyalty and sales, but we do not assign a monetary value to the personal information we collect in connection with the programs. We have made a good faith estimate that the value of consumers’ personal information provided in connection with our loyalty programs is less than the value that the programs provide to consumers. Any difference in price or benefits provided to customers who participate in our loyalty programs is reasonably related to the value of the personal information provided. By joining our loyalty program, you consent to any financial incentive associated with our programs. You have the right to withdraw from the financial incentive at any time by cancelling your participation in our loyalty programs. All benefits you may have earned until the time of withdrawal will no longer be available. If you request that we delete your personal information, then any benefits you have earned will no longer be available because we will no longer be able to associate you with those benefits.

Loyalty Program Disclosures for Colorado Residents

The purpose of this section is to notify Colorado consumers about how we use personal information in connection with our loyalty programs (such as In The Game Rewards, In The Game E-Club and Bonkers E-Club). Participation requires you to provide some personal information, such as identifiers, commercial information, internet or other electronic network information, geolocation data and inferences.

We may share this personal information with the categories of third parties listed in “Sharing of Your Information.” We may also process and share this information for targeted advertising.

You have the right to delete your personal information associated with your loyalty programs account; however, if you delete your personal information, then any benefits you have earned will no longer be available because we will no longer be able to associate you with those benefits.

ADDITIONAL NOTICE FOR COLORADO, CONNECTICUT, UTAH AND VIRGINIA CONSUMERS

If you are a consumer who lives in Colorado, Connecticut, Utah or Virginia, you may have the following rights relating to your personal information, in each case under the conditions and to the extent set out in applicable law:

Right of Access and Data Portability. You have the right to confirm whether we are processing personal information about you, and to request to access such personal information in a portable format.

Right to Correct. You have the right to correct inaccuracies in certain personal information we may hold about you.

Right to Opt Out. You have the right to opt out of the sale of personal information and the sharing of personal information about you for cross-context behavioral advertising.

ADDITIONAL NOTICE FOR NEVADA CONSUMERS

Nevada law requires operators of websites and online services to provide a way for Nevada consumers to opt-out of the sale of certain information that the website operator may collect about them. We describe the personal information we have collected about California consumers in the twelve (12) months in the part titled, “Information We Collect and How We Collect It.” We do not currently sell your personal information to third parties as defined in Nevada law, and will not do so without providing you with notice and an opportunity to opt-out of such sale as required by law.

If you have questions about this Policy, you can contact us at: Family Entertainment Group, LLC, 1265 Hamilton Parkway, Itasca, IL 60143, Attention: Privacy. You can email us at privacy@fegllc.com.