IRL Studios, Inc. Privacy Policy
Last Updated: October 13, 2023
This Privacy Policy is designed to help you understand how IRL Studios Inc. (“Gym Class,” “we,” “us,” and “our”) collect, use, and share your personal information and to help you understand and exercise your privacy rights. Gym Class is the data controller for the personal information we process. For information on how to contact us, please refer to Section 14 below.
1. SCOPE
2. PERSONAL INFORMATION WE COLLECT
3. HOW WE USE YOUR INFORMATION
4. WHAT IS OUR LEGAL BASIS FOR PROCESSING YOUR INFORMATION
5. HOW WE SHARE YOUR INFORMATION
6. YOUR PRIVACY CHOICES AND RIGHTS
7. SECURITY OF YOUR INFORMATION
8. INTERNATIONAL DATA TRANSFERS
9. RETENTION OF PERSONAL INFORMATION
10. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS
11. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS
12. CHILDREN’S INFORMATION
13. OTHER PROVISIONS
14. CONTACT US
1. SCOPE
This Privacy Policy applies to personal information processed by us, including on our websites, games, the mobile app, and other online or offline offerings (collectively, the “Services”). We may modify this Privacy Policy from time to time. The date of change will be shown next to “Effective Date” at the top of this page. We encourage you to read this Privacy Policy periodically to ensure you have up-to-date knowledge of our privacy practices. Whenever material changes to this Privacy Policy are made, if we have your email address, we will provide you with notice before the modifications are effective by sending a message to the email on file. Otherwise, this Privacy Policy will be revised by updating a new version dated as of the date it takes effect. By continuing to access or use the Services after changes to this Privacy Policy become effective, you agree to be bound by the revised Privacy Policy. If any changes are unacceptable to you, you may stop using the Services.
If you are a European Economic Area (“EEA”) resident, this whole Privacy Policy applies to you. However, EEA residents should see Section 8 below, which will inform you in detail about the personal information we process, how we process it, for which purposes we process it, with whom we share it, on what legal basis we process and transfer your personal information and which rights you have regarding the processing of your personal information.
2. PERSONAL INFORMATION WE COLLECT
The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us on our websites and through our games, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.
A. Information You Provide to Us Directly
We may collect the following personal information that you provide to us:
Account Creation. We may collect information from Oculus or other platforms (like Discord) when you create an account to play our games via such platforms, such as your profile picture, display name, Game Platform User ID, or other information that you choose to make available via your privacy settings on such platforms, including your height. If you elect to create an account directly through our Services, we may collect your email address, name, payment information or other information that you choose to make available, including physical characteristics for creating your avatar.
Purchases. We use the Oculus payment portal for our payment processing and do not collect or store any payment data. We may collect aggregate information from Oculus (e.g., what has been purchased and refund metrics) for any payments made for our Services that are processed through Oculus. If you make purchases directly through our website, we may collect a credit/debit card number and related financial information (such as card type, expiration date, and billing address), or other payment information (such as a PayPal or Apple Pay account), depending on the form of payment you choose.
Your Communications with Us. We may collect personal information, such as your name and email address, when you complete the “Contact Us” form on our main website, Live Chat us for support or other reasons, or register for our mailing list and other information you may provide when you apply for a job or otherwise communicate with us.
Interactions with Us. We and others who use our Services may have access to personal information that you submit or make available through our interactive features (e.g., the games themselves, our forums, blogs, and social media pages). For example, you may be able to speak directly with other players via our games. Any information you provide on these features will be considered “public”, unless otherwise required by applicable law. Keep in mind that others may have the ability to record or screengrab content with you in it when you’re in a public area of the Services. Please do not share any personal information over these public forums, including, without limitation by verbally sharing such information.
Gameplay Input Data. When you use the Services, we process the data needed to provide an immersive and realistic virtual experience, like your motion and controller inputs, position and orientation of the headset and controls, gameplay behavior, and settings preferences. We will store gameplay input data to give you access to features including, but not limited to, instant replay, playback clips, and highlight reels.
Audio Data. If you enable your microphone, we collect and process audio data to let you talk to other players and for moderation purposes. We will store this data for up to six months, unless otherwise obligated to keep it for longer.
Sweepstakes or Contests. We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.
Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
Job Applications. We may post job openings and opportunities on our Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and use your information to assess your qualifications.
B. Information Collected Automatically
We may collect personal information automatically when you use our Services:
Automatic Data Collection. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, cookie identifiers and platform identifiers, in game analytics, player event data, information on bugs and crashes browser or device information, general location information (including approximate location derived from IP address), and hardware information such as your GPU (type and clock speed), CPU (type and clock speed), system memory, OS locale, and Internet service provider. We may also automatically collect web information when you use our website, such as referral pages, the links you click on our website, the types of content you interact with on our website, the frequency and duration of your activities, and other information about how you use our Services. We also automatically collect statics related to your game play, including, without limitations number of games played.
Cookies, Pixel Tags/Web Beacons, and Other Technologies. We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through your use of our Services.
C. Cookies
What are Cookies: Cookies are small text files that are used to store small pieces of information. They are stored on your device when the website is loaded on your browser and uniquely identify your browser. These cookies help us provide a better user experience, understand how the website performs and to analyze what works and where it needs improvement. In addition to the cookies we use on this website, we also use tracking technologies in some emails and push notifications which enable us to understand whether you have opened the email and how you have interacted with it. If you have enabled images, cookies will be set on your device and will also be set if you click on any link within the email.
How we use Cookies: As most of the online services, our website uses cookies for several purposes. We use first-party cookies for understanding how the website performs, how you interact with our website and all in all providing you with a better and improved user experience and help speed up your future interactions with our website.
D. Information Collected from Other Sources
We may obtain information about you from other sources, including from other users and through third-party services and organizations.
3. HOW WE USE YOUR INFORMATION
We use your information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.
A. Provide Our Services
We use your information to provide you with our Services, such as:
B. Administrative Purposes
We use your information for various administrative purposes listed below where we have a legal basis to do so, such as:
C. Marketing and Advertising our Products and Services
We may use personal information to tailor and provide you with content and advertisements.
We market to you in the following ways: via email campaigns, targeted on-line advertisements on social media and at trade shows and other events.
If you have any questions about our marketing practices or if you would like to withdraw consent of the use of your personal information for marketing purposes, you may contact us at any time as set forth in Section 14 below.
D. Safety and Moderation Activities
When you engage in public activity with the services, such as interacting with others in Gym Class VR, your interactions may be recorded for the purposes of reporting and enforcing against abuse, bullying, harassment, or other violations of our Code of Conduct. This data is stored locally on your device and on our servers. In the event a report is submitted, either by you or another user, we may review this data to investigate and determine if enforcement action is appropriate. We may also use violation data to train our systems and moderators how to recognize and resolve harmful behavior and violations. In some situations, we may be legally required to keep this data for specific periods of time, in accordance with legal obligations.
E. Other Purposes
We also use your information for other purposes as requested by you or as permitted by applicable law.
Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.
To promote safety, integrity and security. We use the information we collect to verify activity, combat harmful conduct, detect and prevent bad experiences, maintain the integrity of our Services, and promote safety and security.
Share Content with Friends. Our Services may offer various tools and functionalities that enable you to share content others. For example, we may allow you to forward or share certain content, like gameplay videos, with a friend.
Complying with our legal obligations. We may process personal information as needed to comply with our legal obligations, including if we have a good faith belief that the law requires us to do so or when we have a good-faith belief it is necessary as described in Section 5B below.
4. WHAT IS OUR LEGAL BASIS FOR PROCESSING YOUR INFORMATION
As necessary to fulfill our Terms of Service and provide the Services; consistent with your consent, which you may revoke at any time; as necessary to comply with our legal obligations; occasionally to protect your vital interests or those of others; as necessary in the public interest; and as necessary for our (or others') legitimate interests, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data.
5. HOW WE SHARE YOUR INFORMATION
We share your information to third parties for the following business purposes: to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.
A. To Provide our Services
The categories of third parties with whom we may share your information are described below.
Service Providers. We may share your personal information with our third-party service providers who use that information to help us provide our Services. This includes service providers that provide us with IT support, hosting, moderation, payment processing, customer service, marketing and related services. Any payment card information you use to make a purchase on the Service is collected and processed directly by our payment processor, Stripe, or through Oculus. Stripe may use your payment data in accordance with its privacy policy, https://stripe.com/privacy. By using our Services, you acknowledge that your personal information may be transferred to such third-party service providers.
Business Partners. If you choose to purchase licensed products (like the NBA Bundle) through the Services, we may share limited personal information, such as a username, with the third parties who license those products (e.g. a sports league). We do not control how Licensing Partners use and share your information once they receive it. You may contact them directly for information about their privacy practices or to exercise rights you may have.
APIs/SDKs. We may use third-party Application Program Interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services.
Other users and the public. Your profile and other user-generated content may be visible to other users of the Service. For example, other users of the Service may have access to your information if you chose to make your profile or other personal information available to them through the Service. You may also choose to share your information with third-party platforms (such as Facebook), or otherwise share information on our social media pages on third-party platforms. This information can be seen, collected and used by others, including being cached, copied, screen captured or stored elsewhere by others, and we are not responsible for any such use of information.
B. To Protect Us or Others
We may access, preserve, and disclose information associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
C. In the Event of Merger, Sale, or Other Asset Transfers
If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and contract.
6. YOUR PRIVACY CHOICES AND RIGHTS
Your Privacy Choices. The privacy choices you may have about your personal information are described below.
Email Communications. If you receive an unwanted promotional email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications. We process requests to be removed from email marketing lists.
“Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
Your Privacy Rights. In accordance with applicable law, in certain circumstances you may have the right to:
If you would like to exercise any of these rights, please contact us as set forth in Section 14 below.
7. SECURITY OF YOUR INFORMATION
We take steps to ensure that your personal information is treated securely and in accordance with this Privacy Policy. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services.
8. INTERNATIONAL DATA TRANSFERS
As we are a United States company, it is necessary to transfer your personal information to the US and other third countries outside of the UK/EEA in order for us to provide the Services to you and such third countries may have data protection laws that are different and less protective from the laws where you live. Where we transfer UK/EEA personal data to third parties in third countries, we utilize Standard Contractual Clauses approved by the European Commission and rely on the European Commission’s adequacy decisions about certain countries, as applicable, for such transfers.
You may have the right to lodge a complaint with your local supervisory authority if you believe our processing of your personal information violates applicable law including in the EU and UK.
9. RETENTION OF PERSONAL INFORMATION
Unless otherwise noted, we store the personal information we collect as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
We will store Audio Data for up to six months, also for the purposes described in this policy. In some cases, we may be legally obligated to store data for longer.
10. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS
This Supplemental Notice for California Residents only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information Gym Class has collected about them and whether Gym Class disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:
Category of Personal Information Collected by Gym Class
Category of Third Parties Information is Disclosed to for a Business Purpose
Identifiers.
An alias, online identifier, Internet Protocol address, or other similar identifiers.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
A name or other similar identifiers as listed above.
Internet or other electronic network activity
Information on a consumer’s interaction with an internet website or application.
Sensory data
Audio, electronic, visual, or similar information
Professional or employment-related information (job applicants only)
Current or past job history or performance evaluations.
“Sales” of Personal Information under the CCPA
For purposes of the CCPA, Gym Class does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 13 years of age.
Additional Privacy Rights for California Residents
If you are a California resident, subject to certain exceptions and applicable law, you may have certain rights in relation to information we process about you.
Right to Know. In relation to your right to access described above, you may request that we disclose to you the categories and specific pieces of personal information that we have collected about you in the preceding 12 months, the categories of sources from which your personal information is collected, the business or commercial purpose for collecting your personal information, the categories of personal information that we disclosed for a business purpose in the preceding 12 months, the categories of third parties with whom we have shared your personal information, and the business or commercial purpose for each disclosure.
Right to Delete. In relation to your right to delete as described above, you may request that we delete any personal information that we have collected from you.
Non-Discrimination. You have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.
Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth in Section 14 below.
Verification. To protect your privacy, we will take the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include your name, or email address.
If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth in Section 14 below. We will process such requests in accordance with applicable laws.
11. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. Please note that we do not sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth in Section XIV below.
12. CHILDREN’S INFORMATION
The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children.
If you are a parent or guardian and wish to review information collected from your child, or have that information modified or deleted, you may contact us as described in Section 14 below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account and/or revert them to the underage experience, as applicable.
13. OTHER PROVISIONS
Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk. If you use social media to follow us or interact with us, please understand your use of the social media services may result in the collection or sharing of information about you by those social media services. We have no control over, and decline all responsibility for, the use of your personal data by these third parties. Your use of social media, including your interactions with us on social media, are at your discretion.
14. CONTACT US
If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at:
IRL Studios Inc.
2261 Market Street STE 5119
San Francisco, CA 94114