Privacy Policy
Privacy Policy | VAIL VR

AEXLAB Inc. (“Aexlab,” “we,” “us,” and “our”) provides virtual reality (“VR”) gaming experiences on Steam and other platforms through the game VAIL VR. This Privacy Policy is designed to help you understand how we collect, use, and share your personal information and to help you understand and exercise your privacy rights.


This Privacy Policy describes the types of information that we may collect from you or that you may provide to us through our websites, games, and other online or offline offerings, and our practices for collecting, using, maintaining, protecting, and disclosing that information. Our websites, games, and other offerings are collectively called “Services”.


Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using the Services, you agree to this privacy policy. This policy may change from time to time. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.


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, organizations, and platforms, as described below. 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 Steam or other platforms 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 have made available via your privacy settings on such platforms. Beta User Information. If you sign up to join a Beta or playtest for our Services, we will collect your email address, first name, age, gender, type/model of VR headset, platform type, platform username and Discord username. We will also collect additional information you provide, including via surveys, such as hours playing the games, comfort and estimated motion sickness levels while playing the game and a net promoter score and we will add your email to our mailing list for beta testers. Purchases. We may collect aggregate information from Steam (e.g., what has been purchased and refund metrics). Any payments made for our Services are processed through Steam or third-party payment processors. We do not collect or store any payment card information for purchases on our Services. 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 websites or register for our mailing list. We may also collect information about your User IDs and headset used, details of your request and any attachments you provide when you request customer or technical support and other information you may provide when you apply for a job or otherwise communicate with us. Interactive Features. 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, forums, blogs, Discords, and social media pages). Any information you provide on these features will be considered “public”, unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein. Please exercise caution before revealing personal information to strangers via our Services. Sweepstakes, Competitions, or Contests. We may collect personal information you provide for any sweepstakes, competitions, 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. 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 information regarding your use of our Services, such as pages that you visit before, during, and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services. 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. 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. For example, if users choose to send us extracts of gameplay.


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 in the subsections below, and:


as necessary to fulfill our Terms of Service, End User License and Service Agreement for Vail VR, 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.


Provide Our Services

We use your information to provide you with our Services, such as:


To present our Services and their contents to you;

Managing your information and accounts;

Providing access to certain areas, functionalities, and features of our Services, including game play;

Answering requests for customer or technical support; and

Communicating with you about your account, activities on our Services, and policy changes.


Administrative Purposes

We use your information for various administrative purposes listed below where we have a legal basis to do so, such as:


Product research and development (including marketing research);

Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;

Measuring interest and engagement in our Services;

Improving, upgrading, or enhancing our Services;

Developing new products and Services;

Ensuring internal quality control and safety;

Authenticating and verifying individual identities;

Debugging to identify and repair errors with our Services;

Auditing relating to interactions, transactions, and other compliance activities;

Enforcing our agreements and policies;

To create aggregated analytics information, such as information about the device from which you access our Services; and

Processing applications if you apply for a job we post on our Services.


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 below.


Other Purposes

We also use your information for other purposes as requested by you or as permitted by applicable law.


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.

We use the information we collect to verify accounts and activity, combat harmful conduct, detect, and prevent bad experiences, maintain the integrity of our services, and promote safety and security.

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 below.


We share your information with third parties for the following business purposes: to provide our Services, to fulfil the purpose for which you provided it or for any other purpose disclosed by us when you provide the information, 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.


To Provide our Services

The categories of third parties with whom we may share your information are described below.


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, payment processing, customer service, marketing, and related services.

We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information to business partners with whom we jointly offer products or services.

We may use third-party Application Program Interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth below.


To Comply with Law

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.


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.


The privacy choices you may have about your personal information are described below.


Email Communications. If you receive an unwanted 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.

“Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. You can also set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Service may then be inaccessible or not function properly.


We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website. Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah may have additional personal information rights and choices. Please see Your State Privacy Rights below for more information.


You have the right to:


Access Personal Information about you, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information;

Request correction of your personal information where it is inaccurate, incomplete, or outdated.

Request deletion or anonymization of your personal information;

Request restriction of our processing of your personal information;

Right to object to our processing of your personal information for direct marketing purposes or where we are processing data based on our legitimate interests;

Withdraw your consent to our processing of your personal information. If you refrain from providing personal information or withdraw your consent to processing, some features of our Services may not be available;

Request data portability and receive an electronic copy of personal information that you have provided to us; and

Be informed about third parties with which your personal information has been shared.


If you would like to exercise any of these rights, please contact us as set forth below.


State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents' privacy rights, see our CCPA AND CPRA PRIVACY NOTICE below. California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us as set forth below.


Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

Confirm whether we process their personal information.

Access and delete certain personal information.

Data portability.

Opt-out of personal data processing for targeted advertising and sales.


Colorado, Connecticut, and Virginia also provide their state residents with rights to:

Correct inaccuracies in their personal information, taking into account the information's nature processing purpose.

Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.


To exercise any of these rights, or to appeal a decision regarding a consumer rights request, please contact us as set forth below.


Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may do so by submitting a request to us as set forth below. However, please know we do not currently sell data triggering that statute's opt-out requirements.


We take steps to ensure that your 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. However, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services


The Service is operated in the United States. If you choose to use our Services from the European Union or other regions of the world with laws governing data collection and use that differ from the United States, then you agree and acknowledge that any information you provide to us will be transferred to the United States for purposes of performing the Services and for any other purpose for which you provide explicit, informed consent. By providing us with any information through the Services, you consent to the collection, processing, maintenance, and transfer of such information in and to the United States in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside or are a citizen


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.


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 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.


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 Aexlab has collected about them and whether Aexlab 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 Aexlab    Category of Third Parties Information is Disclosed to for a Business Purpose


Names, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.    Service providers

Game platforms

Dependent services used to operate the games

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

A name or other similar identifier as listed above.    Service providers

Game platforms

Dependent services used to operate the games

Internet or other similar network activity.

Information on a consumer's interaction with a website and application.    Service providers


Geolocation data.

Physical location.    Service providers


Sensory data.

Audio, electronic, or similar information.    Service providers

Game platforms

Dependent services used to operate the games

Professional or employment-related information.

Current or past job history or performance evaluations.    Service providers



The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth above in “Personal Information We Collect” and “How We Use Your Information” above.


“Sales” of Personal Information under the CCPA

For purposes of the CCPA, Aexlab does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 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 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, email address, or Game Platform User ID.


If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth below. We will process such requests in accordance with applicable laws.


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 there are any material changes to this Privacy Policy, we will notify you by email, to the extent you have provided one, and take any other steps as required by applicable law. The date the privacy policy was last revised is identified at the top of the page. You are otherwise responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Services and this privacy policy to check for any changes.


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:



44 W. Flagler Street., Ste. 600,

Miami, Florida 33131