Privacy Policy & Terms of Use

THE TRAINING ARCADE® PRIVACY POLICY

Service

Last modified: December 18, 2019

INTRODUCTION

The Game Agency, LLC (“TGA,” “we,” “us,” or “our”) respects your privacy. This Privacy Policy describes the types of information we may collect from you or that you provide to us. This Privacy Policy applies whether you are a Subscriber who uses the game authoring and administration tools in The Training Arcade® to customize and make the games available to your Subscriber Players, a Subscriber Player who plays one of the games from The Training Arcade®, or a Visitor to our website http://thetrainingarcade.com (Subscriber, Subscriber Player, and Visitor are each defined below) (collectively the “Service“). This Privacy Policy describes our practices for collecting, using, maintaining, protecting, and disclosing that information.

Depending on whether you are a Subscriber, Subscriber Player, or a Visitor, different provisions of this Privacy Policy apply, as indicated. Please review these terms to determine whether you are a Subscriber, a Subscriber Player, or a Visitor:

Visitor: A “Visitor” is anyone who visits our website http://thetrainingarcade.com (and successor sites as we may designate) directly, such as to play our publicly available games or sign up for information about our Service.

 Subscriber: The Service allows individuals and legal entities, each referred to as a “Subscriber,” to rapidly customize a library of fun, casual games with the Subscriber’s content pursuant to an agreement between TGA and the Subscriber. References to a Subscriber include its authorized agents who are granted certain administrative rights (e.g., to customize game and other content, access results data, invite, and authorize Subscriber Players to play the games) (each an “Administrator”). Where a Subscriber acting as a “Publisher” uses the Service to create customized corporate training or marketing communication for its client (“Publisher Client”) pursuant to a written agreement between the Publisher and its Publisher Client, all references to “Subscriber” in this Privacy Policy shall be deemed to include both “Publisher” and “Publisher Client.”

Subscriber Player: A Subscriber may permit use of the Service by its “Subscriber Players” in order to reinforce educational material and for its marketing purposes (subject to the terms of the agreement between TGA and the Subscriber). For example, a company (as a Subscriber) may use the Service (i) to create customized corporate training for its employees (each, a Subscriber Player), (ii) at tradeshows for its own marketing purposes to engage with and collect contact information of booth visitors/attendees (also, Subscriber Players), or (iii) on Subscriber’s website to educate its website visitors (also, Subscriber Players) about its products, services, or mission. A Subscriber Player accesses the Service via the Subscriber’s website, learning management system (“LMS”), Single-Sign On (“SSO”), a link provided to a Subscriber Player by Subscriber, or another method selected by the Subscriber; to be clear, a person who visits our website http://thetrainingarcade.com/ directly is a Visitor (defined above) with respect to that visit (and not a Subscriber or Subscriber Player).

When we process personal information of a Visitor, we do so on our own behalf. When we process personal information of a person authorized by a Subscriber’s Subscriber Player, we do so to provide our Service to that Subscriber pursuant to our agreement with that Subscriber. Each Subscriber is responsible for its own use of the data it obtains through the Service and ensuring it obtains the rights to allow us to process that personal information to provide our Services to its Subscriber Players.

We ask each Subscriber to make available its own privacy policy to its Subscriber Players prior to the use of our Service by any Subscriber Player, but we cannot and do not have any responsibility if the Subscriber fails to make its privacy policy available. We do not disclose, transfer, or allow third-party access to Subscriber Player personal information, except to provide the Service as described in this Privacy Policy pursuant to our agreement with the Subscriber, or as required by law. We do not sell data that our Subscribers provide to us or that we collect on behalf of our Subscribers that is Subscriber Player personal information (except in connection with the sale or merger of our business or its assets, as stated below).

This policy applies only to information we collect from Visitors, Subscribers and their respective Subscriber Players on this Service from creating the games, playing the games, email, online forms, text, and other electronic messages between you and us regarding the Service. It does not apply to information collected: (a) from any other service operated by TGA (including www.thegameagency.com), which have their own privacy policies, or (b) by any third-party including through any application or content (including advertising) that may link to, or be accessible from or on the Service, such as an LMS or eLearning authoring tools.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about Visitors, Subscribers and their respective Subscriber Players, including information:

  • by which you may be personally identified, such as name, company ID, user ID, email address (for Subscriber Players, either company or personal email address, depending on the specific use of the Service by the Subscriber), address for Subscribers or Visitors, telephone number for Subscribers and/or Visitors, Subscriber payment information, and any other identifier by which you may be identified and contacted online or offline (“personal information“);
  • that is about you but individually may not directly identify you, such as your IP address, order ID, anonymized data, cookie data, WHOIS lookup and/or about your internet connection, the equipment you use to access our Service and usage details. In some situations, it may be possible for us to link some of the above information to your personal information (for example, if you are a Subscriber, we may log your IP address when you sign into your account for administrative and security purposes) and some of the above information may be deemed “personal information” under applicable law and subject to this Privacy Policy.Information that does not identify you and is not linked by us to personal information, including anonymized and/or aggregated data, and that is not considered personal information under applicable law may be used by us without restriction by this Privacy Policy.

Information You Provide Us

The information we collect on or through our Service may include the following, depending on whether you are a Visitor, Subscriber or Subscriber Player:

If You Are a Visitor:

  • With respect to Visitors, information that you provide by filling in forms on our Service. This includes information provided at the time of registering to use our Service, signing up to receive marketing emails from us, engaging with a customer service “chat bot” to assist you in using the Service or requesting further services, and scheduling an appointment to receive a demonstration or discuss our Service.
  • Records and copies of your correspondence (including email addresses), if you contact us, for example, regarding customer support.
  • Search queries on the Service.

If You Are a Subscriber (Including an Administrator for a Subscriber):

  • With respect to Subscribers, information that you provide by filling in forms on our Service. This includes information provided at the time of registering to use our Service, engaging with a customer service “chat bot” to assist you in using the Service or requesting further services.
  • Records and copies of your correspondence (including email addresses), if you contact us, for example, regarding customer support.
  • Subscriber Data. Each Subscriber may provide us, pursuant to our agreement with each Subscriber, personal information (e.g., email address, name) regarding its authorized agents (e.g., an employee, agent, or independent contractor of Subscriber who is designated by Subscriber as an Administrator and its authorized Subscriber Players, and we in turn provide data to the Subscriber pertaining to its authorized users and Subscriber Players (e.g., information regarding the customization of games by Administrators and engagement with the games by the Subscriber Players) (“Subscriber Data”). Although we limit access to certain pages on our website (e.g., through log-in access), please be aware that no security measures are perfect. Therefore, we cannot and do not guarantee that your Subscriber Data posted to our website (e.g., game leaderboards) will not be viewed by unauthorized persons.
  • Subscriber Content. Subscribers may provide information to be published or displayed (hereinafter, “posted”, or “post”), such as content uploaded to customize games in The Training Arcade® by Subscribers (e.g., questions, answers, images) (“Subscriber Content”). Although we limit access to certain pages, please be aware that no security measures are perfect. Therefore, we cannot and do not guarantee that your Subscriber Content will not be viewed by unauthorized persons.
  • Details of activities Subscribers carry out through our Service, including but not limited to creating games using uploaded Subscriber Content, determining the method of game access and distribution, inviting users to play the games, and analyzing the results of the gameplay.
  • Subscribers’ search queries on the Service.

If You Are a Subscriber Player:

  • Details of activities you carry out through our Service, including but not limited to the answers you provide to questions in the games and time spent playing each game (which is also Subscriber Data).
  • Player Content. Subscriber Players may post information, such as leaderboard names, scores, and comments (collectively, “Player Content”) to game leaderboards, through social media sites such as Twitter™, or through internal communication business applications such as Slack. Subscribers determine whether to directly post or allow their Subscriber Players to post Player Content. Your Player Content is posted on our Service or third-party social media sites and transmitted to others at your own risk. Although we limit access to certain pages on our website (e.g., through log-in access), please be aware that no security measures are perfect. Therefore, we cannot and do not guarantee that your Player Content posted to our website (e.g., game leaderboards) will not be viewed by unauthorized persons.

Information Provided to Us from Others

 Information Provided to Us by Subscribers About Their Subscriber Players:

Subscriber Data. Subscribers may provide us with Subscriber Data that includes personal information of its authorized users (e.g., Administrators) and its Subscriber Players pursuant to our agreement with each Subscriber. For example, an employer may provide us with the company email addresses, names, and company IDs for those of its employees it invites to use the Service as Subscriber Players. Similarly, a company using the Service to run a game tournament on its website may provide us with email addresses or some other unique identification, as determined by the Subscriber, for its Subscriber Players who want to participate so that we can enable access to the Service on behalf of the Subscriber to its authorized Subscriber Players.

Information Provided to Us from Resellers About Subscribers:

Some Subscribers subscribe to our Service through a third-party who is authorized by us to resell our Service (each a “Reseller”). Resellers may provide us with information described above with respect to Subscribers who have purchased access to our Service via the Reseller.

Information Provided Through Use of Social Networks by Subscribers and Subscriber Players:

As discussed above regarding Player Content, our Service may allow Subscribers and Subscriber Players to use your social networking services (like Slack, Facebook, Twitter, and Google) to connect with us on those platforms or share some of your information from your usage of the Service out to those platforms. For example, certain games in our Service may allow you to share your score through your Twitter™ account. If you choose to connect with a social networking service, that service may have access to certain information, and that service may share information with us, as described in their privacy policy. We do not control your access to those services or their privacy policies.

Information Collected Through Data Collection Technologies About Visitors, Subscribers, and Subscriber Players

 As you navigate through and interact with our Service, we may automatically collect certain information about your equipment, browsing actions, engagement on the Service with content and activities, as well as your browsing patterns, including:

  • Details of your visits to our Service, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Service.
  • Information about your computer and internet connection, including your IP address, platform, operating system and browser type.

The information we collect automatically is both statistical data and individual; as described above, our use of anonymous, de-identified, or aggregate data is not subject to nor limited by this Privacy Policy, to the extent allowed by applicable law. We may tie this information to personal information about you that we collect from other sources or you provide to us. It helps us to provide and improve our Service and to deliver a better, more secure, and more personalized service by enabling us to, for example:

  • Estimate our audience size and usage patterns for our Subscribers and for ourselves (with respect to Subscriber Players, using aggregated and/or de-identified data).
  • Store information about your preferences, allowing us to customize our Service according to your individual interests; with respect to Subscriber Players, as authorized or instructed by the applicable Subscriber.
  • Recognize you when you return to our Service and where you left off.
  • Provide data to Subscribers about their Subscriber Players (e.g., providing an employer information about an employee’s engagement with our Service).
  • Speed up your searches.
  • Support our company growth, publicity, and marketing efforts, with respect to Subscriber Players, using aggregated and/or de-identified data.

We use the Google Analytics service to analyze our Service; for more information please see “How Google uses data when you use our partners’ sites or apps”, located at www.google.com/policies/privacy/partners/. You can opt out from Google Analytics service from using your information by installing the Google Analytics Opt Out Browser tool: tools.google.com/dlpage/gaoptout. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: www.google.com/policies/privacy.

The Technologies We Use for This Automatic Data Collection May Include:

  • Cookies (or browser cookies). A “cookie” is a small data file that a website sends to and stores on your device that allows the site to recognize your browser or store information or settings. The cookie itself does not contain personal data but can be read by the entity that placed the cookie and may allow it to associate your device to personal data. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Service. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Service.
  • Web Beacons. Pages of the Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit TGA, for example, to count users who have visited those pages or opened an email and for other related Service statistics (for example, recording the popularity of certain Service content and verifying system and server integrity). For further information visitallaboutcookies.org.
  • “Do Not Track” Signals. Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a Subscriber or Subscriber Player’s To find out more about “Do Not Track,” you may wish to visit www.allaboutdnt.com.

Please click here to find out more about the cookies that are used on our Service and your options to enable and disable those cookies.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information (a) to provide Visitors, Subscribers, and Subscriber Players with our Service, (b) where we have a legitimate interest in doing so in compliance with law, or (c) where we have consent (and with respect to Subscriber Players, pursuant to our agreement with Subscribers), including:

We Use Personal Information of Visitors:

  • To present our Service and its content to Visitors, to allow you to participate in the Service, and to customize our Service.
  • To notify Visitors about changes to our Service.
  • To promote new offerings available from our Service and other products and services to Visitors. You may opt out of marketing information from us by clicking the unsubscribe link in the email or by contacting us at support@thegameagency.com. In the header of the email, please include the words <The Training Arcade® Marketing Opt Out>.
  • To fulfill any other legitimate purpose for which you provide it (or where we have obtained your consent if required by applicable law).

We Use Personal Information of Subscribers (Including an Administrator for a Subscriber), Including Subscriber Data:

  • To process orders, manage the accounts, and to provide notices about your Subscriber account/subscription and our Service (including payment, term, new offers, and renewal information).
  • To notify Subscribers about changes to our Service.
  • To promote new offerings available from our Service and other products and services to Subscribers. You may opt out of marketing information from us by clicking the unsubscribe link in the email or by contacting us at support@thegameagency.com. In the header of the email, please include the words <The Training Arcade® Marketing Opt Out>.
  • To fulfill any other legitimate purpose for which you provide it (or where we have obtained your consent if required by applicable law).

We Use Personal Information of Both Subscribers and Subscriber Players, Including Subscriber Data:

  • To present our Service and its content to Subscribers and Subscriber Players, to allow both to participate in the Service, and to customize our Service.
  • To notify Subscriber Players about features of our Service and/or provide customer support, where authorized or directed to do so by the Subscriber (pursuant to our agreement with that Subscriber).
  • For analytics purposes (as described above).
  • To carry out our obligations and enforce our rights arising from any contracts entered into between Subscribers (and its Subscriber Players) and us (including our Terms of Use).
  • We may combine personal information received from one or more Subscribers (including of its Subscriber Players) to the extent necessary to detect data security incidents, protect against fraudulent, or illegal activity (except to the extent prohibited by law).

HOW WE DISCLOSE YOUR INFORMATION

We may disclose aggregated information about our Visitors, Subscribers and their Subscriber Players, and information that does not identify any individual, without restriction (unless prohibited by applicable law).

We May Disclose Visitor Personal Information:

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To third-party scheduling and chat providers, if you use these functions on our Service to schedule demonstrations and/or chat with us.
  • To social network services, as described above, if you elect to connect our Service with your social network accounts.
  • To our subsidiaries and affiliates in connection with providing the Service and subject to this Privacy Policy.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, other sale, or transfer of some or all of TGA’s assets, whether as a going concern, as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by TGA about our Service users is among the assets transferred.
  • To fulfill any other legitimate purpose for which you provide it (or where we have obtained your consent if required by applicable law). For example, if you give us an email address to use the “email a colleague” feature of our Service, we will transmit the contents of that email and your email address to the recipients.
  • To enforce or apply our terms of use and other agreements, as permitted by law, including our agreement with a Subscriber.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of TGA, our customers, or others, as permitted by law. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We May Disclose Subscriber Personal Information (Including an Administrator for a Subscriber), Including Subscriber Data:

  • To our payment services provider, Stripe, if you as a Subscriber purchase Services directly from us using our online shopping cart. You can review Stripe’s privacy policy at https://stripe.com/us/privacy/. We share information with Stripe only to the extent necessary for the purposes of processing payments you make to us via our Service and dealing with queries relating to such payments and refunds. We do not store your credit card payment data on our servers. Your use of Stripe is subject to Stripe’s terms of service and privacy policy.
  • To our Resellers (defined above), if you are a Subscriber who purchased access to our Service from one of our Resellers. We share Subscriber personal information with your Reseller to the extent reasonably necessary for the purposes of processing payments you make for our Service and dealing with queries relating to such payments and refunds, administering or enforcing agreements relating to our Service, or providing Service maintenance and support. If you are a Subscriber, you should contact your Reseller for its privacy policy as we are not responsible for and do not control the Reseller’s privacy practices.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of TGA, our customers or others, including for billing and collections purposes, as permitted by law. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We May Disclose Subscriber Player and Subscriber Personal Information, Including Subscriber Data:

  • To the Subscriber who provided us with the personal information of its Subscriber Players to enable their use of the Service on behalf of the Subscriber and in compliance with our contractual obligations.
  • For example, a Subscriber will have access to information regarding its Subscriber Players’ engagement with our Service, including personal information, such as answer grading, gameplay frequency and duration, and leaderboard status in relation to other Subscriber Players of the same Subscriber (which may be viewable to all Subscriber Players of that Subscriber and/or the Administrator(s) of that Subscriber).
  • To an LMS or SSO as authorized by a Subscriber, through which our Service is made available to their respective Subscriber Players. We may make available to the Subscriber’s LMS and/or SSO personal information of Subscriber Players in order to facilitate that integration, including all personal information originally passed to us from the Subscriber and/or its LMS or SSO as well as the Subscriber Player engagement data.
  • To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To social network services, as described above, if you elect to connect our Service with your social network accounts.
  • To our subsidiaries and affiliates in connection with providing the Service and subject to this Privacy Policy.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, other sale, or transfer of some or all of TGA’s assets, whether as a going concern, as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by TGA about our Service users is among the assets transferred.
  • To fulfill any other legitimate purpose for which you provide it (or where we have obtained your consent if required by applicable law, and consistent with our agreement with our Subscriber). For example, if you give us an email address to use the “email a colleague” feature of our Service, we will transmit the contents of that email and your email address to the recipients.
  • To enforce or apply our terms of use and other agreements, as permitted by law, including our agreement with a Subscriber.
  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.

WHAT WE WILL NOT DO WITH SUBSCRIBER PLAYER PERSONAL INFORMATION

TGA does not sell, rent, copy, or allow third-party access to Subscriber Data that is personal information except as described in this Privacy Policy.

ACCESSING AND CORRECTING YOUR INFORMATION; DELETING USER CONTRIBUTIONS

You may have the right by law to access, correct, and/or request the disabling or deletion of the personal information stored by us as result of your engagement with our Service and to oppose, on legitimate grounds, that your personal information be collected, processed, used, or stored.

Additionally, some of the third-party services that we use allow you to opt out from their services as described above in the section “Information Collected Through Data Collection Technologies About Visitors, Subscribers, and Subscriber Players.”

General

 Visitor: Where you are a Visitor and wish to access, correct, disable or delete certain personal information, you should contact us directly at support@thegameagency.com and indicate the requested action.

 Subscriber Player: Where you are a Subscriber Player, you should contact the Subscriber directly with your request as we are processing your personal information on that Subscriber’s behalf and do not use it for our own direct marketing purposes; you may however contact us and we can direct you to the Subscriber.

 Subscriber: Where you are a Subscriber and wish to access, correct, disable, or delete certain Subscriber Data that is personal information (including personal information of your Subscriber Players or your authorized users (e.g., Administrators)), you should contact us directly at support@thegameagency.com and indicate the requested action. Please note that if you, as a Subscriber (with respect to Subscriber or your Subscriber Players), delete your Subscriber Content, Subscriber Data, or Player Content from the Service, copies of those Subscriber Content and Player Content may remain viewable in cached and archived pages or might have been copied or stored by other Service users.

European Economic Area:

If you are located in the European Economic Area (“EEA”), or if otherwise required by applicable law, where we are the controller (with respect to Subscribers and/or Visitors), you have the following rights in relation to your information (subject to limitations set forth in the applicable laws):

Inspection and access: you can request from us a summary and a copy of any personally identifiable information we hold about you;

Correction/addition/removal: where you believe your information is inaccurate or incomplete, you are entitled to request us to correct, amend, or delete it;

Portability: you may request that we send you any personally identifiable information that you have provided to us or ask that we send this information to a third-party;

Objection: you may object to us using your personally identifiable information where we use it based on our legitimate interests to do so;

Restriction: you may request that we restrict the processing of your information where you believe it is inaccurate, our processing is unlawful, you believe we no longer need the information or if you have objected to our use of it; and

Automated Decision Making: where we undertake automated decision making (including profiling), which significantly affects you, you are entitled to object to such decision-making.

If you are a Subscriber, you may update or correct your account information and email preferences at any time by contacting us at support@thegameagency.com; if you are a Subscriber Player, you should contact the Subscriber who has authorized you to use the Service on its behalf; we will assist the Subscriber in responding to requests from its Subscriber Players in accordance with applicable law.

You can also exercise any of your rights by contacting us directly through the contact information provided at the bottom of this page. You always have the right to lodge a complaint with the relevant supervisory authority for data protection in your jurisdiction.

DATA SECURITY

We have implemented appropriate technical and organizational security measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us through the Service is stored on secure servers behind firewalls. First name, last name, email address, phone number, country, company name and/or any custom fields created by Subscriber, when collected, will be encrypted in transit and at rest using SSL, AES256 or other commercially acceptable encryption technology.

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 Service, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Service like message boards. The information you share in public areas may be viewed by any user of the Service.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Service. 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 Service.

DATA RETENTION

Following termination or deactivation of a Subscriber account, subject to our agreement with the applicable Subscriber: (a) we may retain personal information of Subscribers for a commercially reasonable time for backup, archival, contract performance and enforcement, compliance with law, fraud prevention, dispute resolution, troubleshooting problems, or audit purposes, and (b) we will promptly delete or return to the Subscriber its Subscriber Data that is personal information and delete existing copies, unless further storage of the personal information is required or authorized by applicable law and/or our agreement with the Subscriber. We retain Visitor personal information as long as it is necessary and relevant for our operations. The information we retain about you will be handled in accordance with this Privacy Policy.

INTERNATIONAL USERS

TGA is based in the United States, and, regardless of where you use our Service or otherwise provide information to us, the information may be transferred to and maintained in servers located outside the EEA, including in the United States, which may not provide the same level of data protection as your country of residence. This is necessary in order to provide our Service. Regardless of where your personal information is located, we undertake measures to protect the security of your personal information as set out above.

CHILDREN UNDER THE AGE OF 13

Our Service is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Service. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Service or on or through any of its features/register on the Service, make any purchases through the Service, use any of the interactive or public comment features of this Service or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@thegameagency.com.

THIRDPARTY WEBSITES, SOFTWARE, AND SERVICES

Our Service may enable you to install and/or use third-party applications and services (e.g., LMS, SSO, Slack, Twitter, YouTube, and Vimeo), and may contains links to third-party websites. For example, we may provide a link for you to view a tutorial about our Service on YouTube and/or Vimeo. These applications, services, and websites are governed by separate terms and privacy policies. We are not responsible for the practices employed by these third parties. Please remember that when you use a link to go from the Service to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Service, is subject to that website’s own rules and policies. Please read those rules and policies before proceeding.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Service home page. If we make material changes to how we treat our users’ personal information, we will provide a notice on the Service home page. We may also notify the Subscriber by email to the primary email address specified in the Subscriber account. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Service and this Privacy Policy to check for any changes.

CONTACT INFORMATION

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: support@thegameagency.com or write to use at The Game Agency, Attention Privacy Policy, 470 West Avenue, Suite 2002, Stamford, CT 06902 USA.

THE TRAINING ARCADE® TERMS OF USE

Last modified:  December 18, 2019

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE TRAINING ARCADE® SUBSCRIPTION SERVICE, THE GAME AUTHORING AND ADMINISTRATION TOOLS IN THE TRAINING ARCADE, AND/OR ONE OF THE GAMES FROM THE TRAINING ARCADE® (COLLECTIVELY THE “SERVICE“). YOUR USE OF THIS SERVICE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS SERVICE.

Introduction

As described below, depending on whether you are a Subscriber, Subscriber Player, or Visitor to our Service (each, a “User”), different provisions of these Terms of Use apply. Please review these terms to determine whether you are a Subscriber, Subscriber Player, or Visitor:

Subscriber: The Service allows individuals and legal entities, each referred to as a “Subscriber,” to rapidly customize a library of fun, casual games with Subscriber’s content pursuant to an agreement between TGA and the Subscriber. A Subscriber includes its authorized agents who are granted certain administrative rights (e.g., to customize game and other content, access results data, invite and authorize Subscriber Players to play the games).

Publisher: Where a Subscriber acting as a “Publisher” uses the Service to create customized corporate training or marketing communication for its client (“Publisher Client”) pursuant to a written agreement between Publisher and Publisher Client, all references to “Subscriber” in these Terms of Use shall be deemed to include both “Publisher” and “Publisher Client” and  Publisher and Publisher Client shall be jointly and severally responsible for compliance with these Terms of Use; additionally, TGA is a third-party beneficiary of any agreement between a Publisher and Publisher Client with respect to the enforcement of TGA’s rights in the Service.

Subscriber Player: A Subscriber may permit use of the Service by its “Subscriber Players” in order to reinforce educational material and for marketing purposes (subject to the terms of the agreement between TGA and the Subscriber). For example, a company (as a Subscriber) may use the Service (i) to create customized corporate training for its employees (Subscriber Player), (ii) at tradeshows for its own marketing purposes to engage and collect contact information of visitors (also, Subscriber Players), or (iii) on Subscriber’s website to educate visitors (also, Subscriber Players) about its products, services, or mission.

Visitor: A Visitor is anyone who visits our website or otherwise uses our Service (e.g., to play a game or sign up for information about our services) who is not a Subscriber or Subscriber Player

Whether you are a Subscriber, Subscriber Player, or Visitor to the Service, you agree to the terms and conditions outlined in these Terms of Use (“Terms of Use”) with respect to this Service. These Terms of Use constitute the entire agreement between The Game Agency, LLC (“TGA,” “we,” “us,” or “our”) and you, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to this Service (and the content, computer programs, and services provided by or through this Service), and the subject matter of these Terms of Use.

Notwithstanding the foregoing, if TGA has a license, subscription, or similar agreement with a Subscriber regarding TGA’s provision of Services to you (“Other Agreement”), in instances of direct conflict, the Other Agreement shall prevail to the extent of that conflict.

Use of the Service with EEA Personal Data Requires Separate Data Processing Agreement

Subscriber must contact TGA and enter into a separate data processing agreement prior to using the Service with any personal data that is subject to the EU Data Protection Legislation. “EU Data Protection Legislations” means the General Data Protection Regulation ((EU) 2016/679) and any applicable national implementing laws, regulations and secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time, including the Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426).

Ownership

This Service is owned and operated by TGA. All right, title, and interest in and to the content, computer programs, and services provided by or through this Service, including, without limitation, design, compilation, information, documents, logos, graphics, sounds, and other materials related to this Service (collectively, “Content”) are owned either by TGA or by third-party providers (which includes Subscribers with respect to their Subscriber Content, defined below) (“Third-Party Providers”). Except as otherwise expressly provided by TGA, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Service shall be construed to confer any license under any of intellectual property rights, whether by estoppel, implication, or otherwise. TGA and Third-Party Providers, as applicable, reserve any rights not expressly granted herein.

Subscriber Content

The Service allows Subscribers (such as employers, educators, or marketers), as Third-Party Providers, to customize certain game Content by uploading and integrating Content, such as test questions and answers, (such Content is referred to as “Subscriber Content”). If you are a Subscriber you represent and warrant that all Subscriber Content and its use in the Service complies with all applicable laws, does not violate any intellectual property or other proprietary right, and complies with all of the requirements and prohibitions relating to User Communications, as stated below. Subject to additional license terms that may be provided in any Other Agreement with Subscriber, Subscriber hereby grants to TGA all rights reasonably required in the Subscriber Content in order to enable TGA to make available the Subscriber Content through the Service to Subscriber’s Subscriber Players. Without limiting the above obligations, in no event may the Service be used to upload or collect any information relating to: racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

Limited Permission to You

Except as otherwise set forth in the Other Agreement, TGA grants to you non-exclusive, non-transferable, revocable, limited permission to view the Content made available to you by TGA via the Service using a compatible standard Internet browser and compatible standard media player (which has been optimized for desktops and laptops, and which may also operate on many commonly used mobile devices solely for your personal, informational, non-commercial use, provided that (i) the copyright, trademark, and other proprietary notices appearing on any Content are not altered or removed, (ii) the Content is not used on any other service or in a networked computer environment (provided, however, that we may enable Subscriber Players to access Content through certain eLearning authoring tools, and learning management systems, and in iFrame, where the Service (and its Content) remains hosted and/or operated by TGA), and (iii) the Content is not modified in any way (except by Subscribers with respect to Subscriber Content). You may not resell our Service unless you are an authorized reseller who has entered into a written agreement with TGA. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, and communications regulations and statutes.

With respect to Subscriber Content, the above permission is granted to you only if you are accessing Subscriber Content through the Service as an authorized Subscriber Player of the Subscriber who provided the Subscriber Content.

User Communications

Other than personally identifiable information, which is subject to this Service’s Privacy Policy, and subject to terms in any Other Agreement, if applicable, with respect to any Subscriber confidential information, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, responses (including responses to training questions in games that are part of the Service) or other communication you transmit or post to this Service in any manner is and will be considered non-confidential and non-proprietary to you (“User Communications”). TGA and its designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, and marketing in any manner whatsoever for any or all commercial or non-commercial purposes. TGA may, but is not obligated to, monitor or review any User Communications. TGA shall have no obligations to use, return, review, or respond to any User Communications.

You are prohibited from posting or transmitting to or from this Service any User Communications that:

  • Is unlawful, threatening, libelous, defamatory, obscene, offensive, or pornographic, or
  • would violate any guidelines or policies of TGA (which TGA may issue or modify from time to time in its sole discretion) or any third- party rights, or
  • would interfere with the intended operation, safety, and security of the Service.

TGA will have no liability related to any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. TGA retains the right to remove any or all User Communications that includes any material TGA deems inappropriate or unacceptable.

You shall not access, store, distribute, upload, spam, spoof, or transmit to or from the Service nor include in User Communications: anything (including any software, code, file, or program) which may prevent, impair, or otherwise adversely affect the operation of any computer software, hardware, or network, any telecommunications service, equipment, or network, or any other service or device; prevent, impair, cheat, or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering, or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses, and other similar things or devices; or any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive, discriminatory based on race, gender, color, religious belief, sexual orientation, or disability, facilitates illegal activity, promotes unlawful violence, is otherwise illegal, or causes damage or injury to any person or property.

No Obligation to Monitor; Enforcement and Termination

We reserve the right, in our sole discretion, to suspend, block, remove, ban, or terminate anyone from use of the Service (or portions thereof, including but not limited to User Communications) if we determine the person is tampering with the operation of the Service or acting in any manner we deem to be in violation of these Terms of Use, Privacy Policy, or applicable law; any Other Agreement; acting in any manner we deem to be disruptive, annoying, threatening, abusive, or harassing; or using the Service for competitive purposes.

We also reserve the right, in our sole discretion, to seek damages and other remedies, including without limitation, attorneys’ fees, from any such person to the fullest extent of the law, including criminal prosecution. Without limiting the foregoing, we have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service and to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service.

We do not undertake to review Subscriber Content or other Content from Third-Party Providers, User Communications, or other third-party material before it is posted on the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party (e.g., Subscribers and other Third-Party Providers). We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Links to Other Services

From time to time, this Service may contain links to other websites and online services. All such links are provided solely as a convenience to you. If you use these links, you will leave this Service. TGA is not responsible for any content, materials, or other information located on or accessible from any such service. TGA does not endorse, guarantee, or make any representations or warranties regarding any other service, or any content, materials, or other information located or accessible from such services, or the results that you may obtain from using such services. If you decide to access any other service linked to or from this Service, you do this entirely at your own risk.

Links to this Service

You may not create or maintain any link from another service to any page on this Service without TGA’s prior written permission. You may not run or display this Service or any Content displayed on this Service in frames or through similar means on another service or public communication without TGA’s prior written permission. Any permitted links to this Service must comply will all applicable laws. In the event you do link to our Service (as we may permit in our sole discretion), we disclaim any and all representations and warranties with respect to the Service including the functionality and relevance of the Service.

DISCLAIMER

TGA HEREBY WAIVES AND DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS SERVICE AND ASSOCIATED CONTENT AND THESE TERMS OF USE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, THAT TGA’ SECURITY METHODS WILL BE SUFFICIENT, OR REGARDING

CORRECTNESS, ACCURACY, OR RELIABILITY. THIS SERVICE AND ASSOCIATED CONTENT ARE PROVIDED “AS IS” WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, SUITABILITY, AND EFFORT IS WITH YOU. TGA IS, UNDER NO CIRCUMSTANCES, RESPONSIBLE FOR THE PRACTICES, ACTS, OR OMISSIONS OF ANY USERS, INCLUDING ANY SUBSCRIBER, USER, OR VISTOR TO THE SERVICE. IF AND TO THE EXTENT THAT ANY OR ALL OF THE SERVICE AND ASSOCIATED CONTENT ARE DELAYED, SUSPENDED, OR TERMINATED FOR REASONS BEYOND TGA’S REASONABLE CONTROL, INCLUDING THE INABILITY OR UNWILLINGNESS OF THIRD-PARTY PROVIDERS TO PROVIDE SUPPORTIVE SERVICES, TGA HEREBY DISCLAIMS ANY AND ALL LIABILITIES ASSOCIATED THEREWITH. ALL CONTENT PROVIDED BY THIRD-PARTY PROVIDERS INCLUDING ANY SUBSCRIBER CONTENT IS PROVIDED BY TGA TO USERS “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY SUCH CONTENT IS STRICTLY BETWEEN USERS AND THE THIRD-PARTY PROVIDERS (INCLUDING SUBSCRIBERS AND THEIR USERS). THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

LIMITATION OF LIABILITY

IN NO EVENT WILL TGA, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, SUCCESSORS, ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THIS SERVICE OR ASSOCIATED CONTENT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SERVICE, ASSOCIATED CONTENT, ANY SERVICES LINKED TO THIS SERVICE, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, TGA’S SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO US$100.00.

Indemnification

You, whether you are a Subscriber, Subscriber Player, or Visitor, agree to indemnify, defend, and hold TGA and its directors, officers, shareholders, employees, agents, partners, and representatives harmless from any liability, loss, claim, or expense, including attorneys’ reasonable fees, related to your use of this Service or associated Content, including Subscriber Content, any User Communications, or violation by you of these Terms of Use.

Applicable Laws; Jurisdiction

This Service is administered by TGA from its offices in Stamford, Connecticut U.S.A. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. The exclusive jurisdiction of any arbitration or any other legal or court proceeding will be in the State of Connecticut. You hereby waive any jurisdictional, venue, or inconvenient forum objections.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Notice for Claims of Intellectual Property Violations and Agent for Notice

If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide TGA’s designated agent with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the copyright or other intellectual property owner;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on our Service;
  4. Your address, telephone number, and email address so that we can contact you;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.

TGA’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:

By mail: TGA Registered Agent, The Game Agency, LLC, 470 West Avenue, Suite 2002, Stamford, CT 06902, U.S.A.

By email: tgaregisteredagent@thegameagency.com.

By Phone: (310) 863-8107. Claims provided under the Digital Millennium Copyright Act must be provided in writing as stated above.

Modifications to the Service and These Terms of Use

TGA reserves the right in its sole discretion to change, edit, or delete any or all features or other aspects of this Service and associated Content at any time and from time to time without specific notice to you. TGA will post the latest Terms of Use on this Service. You should review the then current Terms of Use prior to each use of this Service because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Service or Other Agreements, if any.

 

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