Information Collection and Privacy Notice

Apex Entertainment LLC (“Apex”) believes that the privacy of personal information is a serious matter. This Privacy Notice applies to our use of personal information that we may collect and that you may provide to Apex at Apex Entertainment Centers in the United States, through Apex website or by social media, by text messaging, and in email exchanges of information (collectively referred to hereinafter as the “Sites”). This Privacy Notice describes the types of personal information we collect through the Sites, how we may use the information, with whom we may share it and the choices available to you regarding our use of the information. We also describe the measures we take to safeguard the information and tell you how to contact us about our privacy practices. By visiting our Site, and/or sharing any information with us, you accept our practices as set forth in this Privacy Notice.

Personal Information We May Collect

We may obtain certain personal information from you through our Site, including via on-line surveys, activities that require online registration, “contact us” and comment features, purchase of Company products, sweepstakes and contests, social media communications and special promotions. The types of personal information we may collect include, but are not limited to:

  • Contact information, such as your name, postal address, e-mail address, and telephone number;
  • Names, postal addresses, e-mail addresses and telephone numbers of others to whom you ask us to send information;
  • Username and password to access Apex products and services online;
  • Payment information (such as payment card details, financial account information and billing address);
  • Birth date;
  • Online order history;
  • Information about your education, work and military history, legal work eligibility status, and other information relevant to specific jobs for which you may apply; and
  • Other personal information you may provide to us.

Automated Information We May Collect

In addition to the personal information discussed above, when you visit our Site or Sites we may collect certain information by automated means, such as cookies and log files, as well as through internet-based advertising. The information we collect in this manner includes IP address, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our Sites, and dates and times of website visits.

Cookies, Web Beacon and Clickstream:
A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon”, also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. Through these automated collection methods, we obtain “clickstream data”, which is a log of content on which a visitor clicks while browsing a website. As the visitor clicks through the website, a record of the action may be collected and stored. We may link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you to let us know, for example, whether you have opened an e-mail we sent to you. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Sites.

Log Files:
We may also obtain log files. An IP address is a number that is automatically assigned to your computer whenever you are surfing on the Web. Web servers automatically will identify a computer by its IP address. We use IP addresses to analyze trends, administer the site, track users’ movement and gather broad demographic information for aggregate use. Again, IP addresses are not linked to personally identifiable information.

Operating Systems:
We may also automatically collect information on an anonymous basis about your use of services, including the type of operating system in use (e.g., Apple OS X, Microsoft Windows), the type of browser you use (e.g., Internet Explorer, Firefox, Safari, Chrome), access times, pages viewed, and the page you visited before navigating to Apex Sites.

Mobile App:
Additionally, use of the Apex mobile site or application (e.g., iOS or Android devices) may result in the collection of additional information about you such as your proximity to an Apex GPS location. To provide location-based services related to our business, Apex may collect, use, and share your precise location data. This location data is collected anonymously in a form that does not personally identify you and is used by Apex and our partners and licensees to provide and improve location-based products and services. See also our “Do Not Track Policy” below.

Social Network Sites:
If you use Site features operated by third-party social networking services (such as Facebook), we may receive information you have made available to those services, including the geographic location of your mobile device and other information about you (such as name, email address, gender, locale, time zone, languages, social media profile URL, personal website URL, biographical information, birthday, photo, list of devices, education history, work history, hometown, interests, current city, political views, favorite athlete and teams, relationship status and information, religion, name of significant other, and certain security settings information) and your contacts on those services. Some of these social networking services allow you to push content from our Sites to your contacts or to pull information about your contacts so you can connect with them on our Sites. Some of these services also will facilitate your registration for our Sites or enhance or personalize your experience on our Sites. You should make sure you understand the information your third-party social networking services may make available to our Sites. We may use and disclose the personal information we receive on our Sites through third-party social networking services as described in this Privacy Notice.

Internet-Based Advertising:
On the Site, or Sites we may collect information about your online activities for use in providing you with advertising about products and services tailored to your individual interests. This section of our Privacy Notice provides details and explains how to exercise your choices.

You may see certain ads on other websites based on your visits to our Sites because we participate in advertising networks administered by third-party vendors. Ad networks allow us to target our messaging to users through demographic, interest-based and contextual means. These networks track your online activities over time by collecting information through automated means, including through the use of cookies, web server logs and web beacons. The networks use this information to show you advertisements that are tailored to your individual interests. The information our ad network vendors collect includes information about your visits to websites that participate in the vendors’ advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on these Sites and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts.

Sometimes third parties unaffiliated with us may conduct marketing campaigns where they offer gift cards to our locations, which they have purchased separately, as inducements to enroll in their programs, complete surveys or take other actions. In such cases, requests directed to us to opt out of further communications will not be effective, as we have no control over the activities of such third parties.

Use of the Information We Collect

Apex may use the information we obtain through the Sites to:

  • Create and manage your account, which may include, but is not limited to eClub, online ordering, employment, consumer panels, feedback;
  • Offer and provide products and services to you;
  • Process and collect payments for gift cards and/or other Apex products or services;
  • Communicate about, and administer your participation in, special events, programs, surveys, contests, sweepstakes, and other offers or promotions;
  • Combine it with information we receive offline to send you offers or promotions;
  • Respond to and communicate with you about your requests, questions and comments;
  • Manage your application for employment with Apex and contact you in connection with potential employment opportunities;
  • Process claims we receive in connection with our products and services;
  • Operate, evaluate and improve our business (including developing new products and services; managing our communications; determining the effectiveness of our sales, marketing and advertising; analyzing and enhancing our products, services and Sites; and performing accounting, auditing, billing, reconciliation and collection activities);
  • 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; and
  • Comply with and enforce applicable legal requirements, relevant industry standards and our policies.

In addition, we use information collected online through cookies, local shared objects (also known as “Flash cookies”), web beacons and other automated means for purposes such as: (i) customizing our users’ visits to our Sites, (ii) delivering content (including advertising) tailored to our users’ interests; and the manner in which our users browse our Sites, and (iii) managing our business. We may supplement data we collect through automated means with information about your location (such as your zip code) to provide you with content that may be of interest to you. We also use this information to help diagnose technical and service problems, administer our Sites, identify users of our Sites, and gather demographic information about our users. We use clickstream data to determine how much time users spend on web pages of our Sites, how users navigate through our Sites, and how we may tailor our Sites to better meet the needs of our users.

We may use third-party web analytics services on our Sites, such as those of Google Analytics. The analytics providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use the Sites. The information collected through these means (including IP address) is disclosed to these analytics providers, who use the information to evaluate use of the Sites. To learn more about Google Analytics and how to opt out, please visit: 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 Notice. We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.

Opting Out

You can manage what cookies are set on your device. There are different ways you can opt out of cookies. For example, you may be able to remove or disable cookies from through your web browser. The “Help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. You also may opt out of targeting or advertising cookies through websites of other third-party organizations such as for example the Digital Advertising Alliance or the Network Advertising Initiative. Please be aware that whether and how you opt out cookies may affect the functionality of Apex site.

Disclosure of the Information We Collect

Apex will not share, sell, rent, loan, trade, lease or otherwise disclose any personal information collected through our Sites, including membership forms or email lists, except as disclosed in this Privacy Notice.

When you post a comment on our blogs, Apex website, or our social media channels we may publish your name and user ID on the blog with your comment. Furthermore, if you choose to opt-in to receive future offers and updates by text messaging, email or otherwise your information will be kept in a secure database in order to alert you via e-mail to new features, special offers, updated information and new services.

At times, we may be working with third-party companies to support the technical operation of the Site or to execute a specific promotion or program. If the information is to be shared with any third party for the purposes of executing a specific promotion or program, the details will be clearly communicated in the program’s rules, and the third party will have no right to use the personally identifiable information except as necessary to perform services on our behalf or comply with legal requirements. In support of this policy, Apex will make reasonable efforts to enter into written agreements with all third parties to ensure that they will meet privacy standards, including the privacy standards of Children’s Online Privacy Protection Act (COPPA) and the U.S. Commerce Department Safe Harbor provisions.

We also may disclose information about you (i) if we are required to do so by law, regulation or legal process (such as a court order or subpoena), (ii) in response to requests by government agencies, such as law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation).

Do Not Track Policy

Our website is not designed to respond to “do not track” signals received from browsers.

Links To Other Websites

Our Sites contain links to other websites for your convenience and information, including for example gift card purchases, online ordering and the Email Club through the website. These websites are operated by companies not affiliated with Apex, and it is highly likely that these companies will have access to the information you share with Apex to the extent such websites are used Linked websites may have their own privacy policies or notices, which we strongly suggest you review if you visit any linked websites. We are not responsible for the content of any websites that are not affiliated with Apex or for any use of those websites, or for the privacy practices of those websites. Furthermore, Apex is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to Apex.

How We Protect Personal Information

Apex takes reasonable and appropriate precautionsare to protect user information. We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, Apex cautions that no network is entirely secure.

Email Privacy

Apex maintains email lists to keep members informed about breaking events. Individuals must affirmatively ask to join our mailing lists during site registration or by contacting Apex staff directly using the form found in the “Contact Us” section of the Site. We do not sell, rent, loan, trade, or lease the addresses on our list to anyone. In addition, we configure our list server software to refuse to divulge the email addresses of our list subscribers to anyone but authorized Apex staff, including other list subscribers.

Correcting Personal Information

If a user’s personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will make reasonable efforts to provide a way to correct, update or remove that user’s personal data provided to us. If you would like to update information we have about you or your preferences, you should contact Apex as set forth below.

Furthermore, users who initially opt-in for future offers and updates, who no longer wish to receive our future offers or other promotional materials may subsequently opt-out of receiving these communications by following the specific opt-out instructions found within the communication in question.

Updates To Our Privacy Notice

This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our practices for collecting personal information. We will post a notice on our Site to notify you of any significant changes to our Privacy Notice and indicate at the top of the notice the effective date of the policy. You should periodically review this page to ensure that you are familiar with the most current version of this Privacy Notice.

COPPA Compliance

Apex takes seriously its obligations under the Children’s Online Privacy Protection Act (“COPPA”) concerning the collection of personal information from children under the age of 13. Apex Site is not targeted to children under the age of 13 and we do not knowingly collect personal information from children under the age of thirteen on our Site. Parents should be aware that information that is voluntarily given by children or others in chat sessions, email exchanges, bulletin boards, social media sites or the like may be used by other parties to generate unsolicited email or other contacts. The Company encourages all parents to instruct their children in the safe and responsible use of the Internet.

How To Contact Us

If you have any questions about this Privacy Notice, or if you would like us to update information we have about you, please contact us through the “Contact Us” section of the Site or by phone at 978.692.9450.

You also may write to us at:

Apex Entertainment LLC

4 Lan Drive, Suite 300
Westford, MA 01886

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