HTX LABS, Inc. Privacy Policy

Modified and Effective on February 25, 2025

HTX Labs, Inc. (the “Company” or “We”) has prepared this privacy policy (“Privacy Policy”) to explain to you how we collect, use, share, and otherwise process the personal information of users that we obtain through your use of our websites, applications or our digital properties that link to this Privacy Policy (collectively, the “Site”) that are operated by or controlled by the Company, including without limitation https://www.htxlabs.com, https://empactxr.com, and https://gov.empact.io/ and other activities and services as described in this Privacy Policy (collectively, “Services”) At the Company, we care deeply about privacy. We strive to be transparent about our privacy practices, including how we treat your personal information. Specifically, we do not sell, license, rent or lend your Personal Information (as defined below). This Privacy Policy only covers information collected through the Site and Services.

If you have questions or complaints regarding the Company’s Privacy Statement or associated practices, please contact us at legal@htxlabs.com.

1. Information You Choose To Submit

You can visit the Site without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual (such information, “Personal Information”). If, however, you wish to register to receive more information about the Services you are required to provide certain Personal Information (e.g., your full name, e-mail address, phone number, company and title). If you wish to register and utilize EMPACT, you are required to provide certain Personal Information (name, e-mail address). We use your Personal Information to fulfill your requests for Services, to improve our Services, to contact you from time to time about us and our products and services, and as otherwise described in this Privacy Policy. We may collect additional information about yourself if you choose to submit, such as information about your preferences and interests. If we combine non-personal information (“Non-Personal Information”) with Personal Information, we will treat the combined information as Personal Information under this Privacy Policy (Non-Personal Information together with Personal Information, “Personal Data”).

2. Information We Automatically Collect

We and our third-party service providers (including any third-party content, advertising, and analytics providers) may automatically collect certain information from your device or web browser when you interact with the Site to help us understand how our users use our Site and to target advertising to you (which we will refer to in this Privacy Policy collectively as “Usage Data”). For example, each time you visit the Site, We and our third-party service providers may automatically collect your IP address, other unique identifier, browser and computer type, access time, the webpage you came from, the URL you go to next, the webpage(s) that you access during your visit and your interaction with content or advertising on the Site through the use of the Services. Upon registration for an EMPACT account, your Department of Defense (DoD) Identification (ID) numbers are automatically collected when utilizing a Common Access Card (CAC) to authenticate.

We and our third-party service providers may use such Usage Data for a variety of purposes including to diagnose problems with our servers and software, to administer the Site and Services, to gather demographic information and to target advertising to you on the Site and elsewhere online. Accordingly, our third-party advertising networks and ad servers will also provide us with information, including reports that will tell us how many ads were presented and clicked on the Site or through the use of the Services in a manner that does not identify personally any specific individual. The Usage Data we collect is generally non-identifying, but if we associate it with you as a specific and identifiable person, we will treat it as Personal Information.

Cookies/Tracking Technologies

A “cookie” is a small file stored on your device that contains information about your device. We may use cookies and other commonly used information-gathering tools such as Web beacons to provide basic relevant ads, website functionality, authentication (session management), usage analytics (web analytics), and to remember your settings, and generally improve our Website and Services. For more information on how we use cookies and our data usage, our Company’s cookie policy can be found at https://htxlabs.com/cookie-policy/ .

3. Information We Receive From Other Sources

We may supplement the information we collect with outside records in order to learn more about our users, to better tailor the content and offers we show you, and for other purposes. We may receive this information about you from third parties, including without limitation consumer data resellers, partners and advertisers. We may combine the information we receive from those other sources with information we collect through the Services. In those cases, we will apply this Privacy Policy to the combined information.

4. How We Use Your Personal Data

We may use the information we collect from you when you inquire about our Services, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf our Site, or use certain other site features in the following way, including Personal Information and Usage Data:

to enable you to use our Services, to create an account, to process information you provide via our Site or Services (including verifying that your email address is active and valid) and to process your transactions;
to provide related customer service and care, including responding to your questions, complaints, or comments and sending surveys and processing survey responses;
to run, support and maintain your content in order to provide or improve the experience to the end user requesting the content and from whom the user data was collected;
to provide you with information, products, services or existing features or functionality in an app that you have requested or purchased or that we otherwise believe will interest you or other applications being offered by your legal entity or Affiliate, including special opportunities from us and our third-party partners, improve the features algorithms, and usability of our Site, and/or Services;
to tailor content, recommendations, and advertisements we and third parties display to you, both on the Site and elsewhere online;
to calculate aggregate statistics on the number of unique devices using our Site, Services and to detect and prevent fraud and misuse of those;
to conduct analytics pertaining to your content, and using such insights to improve your content, such insights are aggregated, de-identified or anonymized such that the Company cannot identify individual users or devices from the analytics;
for internal business purposes, such as to improve our Site and Services;
to administer and process contests, sweepstakes, and promotions;
to contact you with administrative communications and, in our discretion, changes to our Privacy Policy, Terms of Use, or any of our other policies;
to comply with regulatory and legal obligations; and
for purposes as disclosed at the time you provide your information, with your consent, and as further described in this Privacy Policy.

5. We will Not Use Your Personal Data

We will not perform, facilitate or support others in performing or using your Personal Data as follows:

retain, use, or disclose your Personal Data for any purpose other than those described in this Privacy Policy;
use your Personal Data for marketing or advertising purposes other than those permitted in this Privacy Policy;
use your Personal Data to profile, discriminate, or encourage discrimination against people based on their race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition, or any other categories protected by applicable law or regulation;
use your Personal Data to perform, facilitate, or provide tools for surveillance. Surveillance includes the collection, use, or sharing of information about people, groups, places or events for law enforcement, national security, intelligence, or counter-intelligence purposes except when we are required by law to do so pursuant to a valid court order;
use your Personal Data to ascertain the identity of a natural person, including real name, or actual facial or body images, to the extent not disclosed by the Personal Data (for example, through use of AI, facial recognition or gait identifying technologies);
combine your Personal Data with any other data, including with data separately collected by us or received from a third party other than those listed in this Privacy Policy;
attempt to decode, circumvent, re-identify, de-anonymize, unscramble, unencrypt, reverse hash, or reverse engineer your Personal Data that is provided to us.
use your Personal Data in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rights or other rights of any person, or that violates any applicable law or regulation;
access or collect your Personal Data using automated means such as harvesting bots, robots, spiders, or scrapers.

6. Legal Basis For Processing Your Personal Data

We will only use your Personal Data when the law allows us to. Most commonly, we will use your Personal Information in the following circumstances:

Where you have provided consent for us to use your Personal Data.
Where we need to perform the contract we are about to enter into or have entered into with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.

7. Our Information Sharing Practices

Business Partners.

From time to time, the Company may partner with other companies to jointly offer products, services or programs (such as webinars or downloadable content) such as our channel partners to fulfill product trials and information requests and provide customers and prospective customers with information about the Company and its products. To do this, we may pass your information to them for that purpose only, and they are prohibited from using that information for any other purpose. The Company does not share Data about the Company attendees with business partners unless: (1) you specifically opt in to such sharing via an event registration form; or (2) you attend a Company event and allow the Company or any of its business partners to scan your attendee badge. If you do not wish for your information to be shared in this manner, you may choose not to opt in via event registration forms and elect not to have your badge scanned at the Company events. If you choose to share your information with business partners in the manners described above, your information will be subject to the business partners’ respective Privacy Policy. The Company sometimes hires vendor companies to provide limited services on our behalf, including packaging, mailing and delivering items, sending postal mail, providing technical support, and processing event registrations. We provide those companies only the information they need to deliver the service, and they are prohibited from using that information for any other purpose.

Third Parties.

Section 2 – cookies of this Privacy Policy specifically addresses the information we or third parties collect through cookies and web beacons, and how you can control cookies through your Web browser. We may also disclose your personal information to any third party with your prior consent.

Service Providers.

The Company may share Data about the Company website visitors, customers and webinar attendees with the Company’s contracted service providers so that these service providers can provide services on our behalf. These service providers are authorized to use your personal information only as necessary to provide the requested services to us. Without limiting the foregoing, the Company may also share Data about the Company website visitors, customers and webinar attendees with the Company’s service providers to ensure the quality of information provided.

Billing.

The Company uses a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use billing information except for the sole purpose of credit card processing on the Company’s behalf.

The Company Affiliates.

The Company may share Data about the Company’s customers with its affiliates to the extent such sharing of data is necessary to fulfill a request you have submitted via our Sites or for customer support, marketing, technical operations and account management purposes.

Compelled Disclosure.

The Company may also disclose your personal information if required to do so by law or in the good faith belief that such action is necessary in connection with a sale, merger, transfer, exchange or other disposition (whether of assets, stock or otherwise) of all or a portion of a business of the Company and/or its subsidiaries or to (1) conform to legal requirements or comply with legal process served on the Company or this website; (2) protect and defend the rights or property of the Company and this website; (3) enforce its agreements with you, or (4) act in urgent circumstances to protect personal safety or the public. In individual instances, the Company may also share with professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services, and to the extent we are legally obliged to share or have a legitimate interest in sharing your Data.

Any Data or other information you choose to submit in communities, forums, blogs or chat rooms on our Sites may be read, collected and used by others who visit these forums. By choosing to use these areas, you understand and agree that anyone may access, use, and disclose any information that you post to those areas.

8. How Long We Keep Your Personal Data

The Company retains your Personal Data to the extent necessary to reasonably serve customer relations, to meet our compliance and legal obligations, to enhance security and fraud prevention, and for audit purposes. For example, we may retain your information during the time in which you have an account to use our Site or Services and for a reasonable period of time afterward. We may also retain your information during the period of time needed for the Company to pursue our legitimate business interest, conduct audits, comply with our legal obligations, resolve disputes, and enforce our agreements. We determine the appropriate retention period for the Personal Data on the basis of the amount, nature, and sensitivity of your Personal Data processed, the potential risk of harm from unauthorized use or disclosure of your Personal Data, and whether we can achieve the purposes of the processing through other means, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).

When you decide to delete certain information in your account, we will fulfill your request and update this information on our platform. We will also notify third parties (such as our service providers processing Personal Data on our behalf) of your request for Personal Data to be deleted.

9. Users Residing Outside of the United States and Consent to Transfer

The Services are operated in the United States. If you are located in another jurisdiction, please be aware that information you provide to us will be transferred to and processed in the United States. By using the Site or providing us with any information, you consent to this transfer, processing, and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen.

10. How to Exercise Your Rights

To exercise your rights, please contact us by using the information in the “Contact Us” section 17 below. We try to respond to all legitimate requests within one month and will contact you if we need additional information from you in order to honor your request. Some registered users may update their user settings, profiles, organization settings and event registrations by logging into their accounts and editing their settings or profiles.

11. Choice/Opt-Out From Communications

We offer you the opportunity to manage your communications from us. Even after subscribing to one or more newsletters and/or opting in to one or more offers to receive marketing and/or promotional communications from us or our third party partners, users may elect to modify their preferences by emailing legal@htxlabs.com or by clicking in the “Unsubscribe” link included in all marketing and/or promotional communications. Please note that opting out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as communications about your subscriptions or event registrations, service announcements or security information.

12. Retention Periods and Deletion

The Company retains your personal information to the extent necessary to reasonably serve customer relations, to meet our compliance and legal obligations, to enhance security and fraud prevention, and for audit purposes. We determine the appropriate retention period for the data on the basis of the amount, nature and sensitivity of your data processed, the potential risk of harm from unauthorized use or disclosure of your data and whether we can achieve the purposes of the processing through other means, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).

If you would like to modify or delete from our database any Personal Information you previously submitted to us, please let us know by emailing legal@htxlabs.com. Please note that any Personal Information that we have copied may remain in back-up storage for some period of time after your request, and that if you delete certain information, you may not be able to order services in the future without re-submitting such information.

13. Security

We take precautions including organizational, technical and physical measures to help safeguard against the accidental or unlawful destruction, loss, alteration and unauthorized disclosure of, or access to, the Data we process or use. For example, when you submit any form requiring registration, we use a secure server. The secure server software (SSL) helps protect your information as it travels over the Internet by encrypting that information before it is sent to us. Please note that while we have implemented industry-standard security mechanisms and procedures to protect data from loss, misuse and unauthorized access, disclosure, alteration and destruction, no method of storage or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices and signing out of websites after your sessions.

14. Links to Other Websites and Public Forums

The Services may contain links to other websites that we do not control, and the Services may contain videos, advertising and other content hosted and served by third parties. We are not responsible for the privacy practices of any third-party. Those websites are not governed by this Privacy Policy, and if you have questions about how a website uses your information, consult that website’s privacy statement. Portions of this website may also make chat rooms, forums, message boards, and/or news groups available to visitors. Please remember that any information that is disclosed in these areas becomes public information and exercise caution when deciding to disclose any personal information.

15. Children’s Privacy

The Services are intended for a general audience and are not intended for and may not be used by children under the age of 18. We do not knowingly collect information from children under the age of 13 and we do not target the Services to children under the age of 13.

16. Changes

We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, and other factors. If we do, we will update the “effective date” at the top of this Privacy Policy. If we make a material change to the way in which we treat Personal Information, we may provide you with notice prior to the update taking effect, such as by posting a conspicuous notice on our Site or by contacting you using the email address you provided.

We encourage you to periodically review this Privacy Policy to stay informed about out collection, processing and sharing of your personal information.

17. Contact Us

If you have any questions about this Privacy Policy, please feel free to contact us by email at legal@htxlabs.com.