Last modified: May 25, 2018
The Game Agency, LLC (“TGA,” “we,” “us,” or “our”) respects your privacy. This policy describes the types of information we may collect from you (whether you are a Subscriber, User, or visitor to our Service) or that you may provide to us when you visit http://thetrainingarcade.com/, sign up to The Training Arcade® subscription service, use the game authoring and administration tools in The Training Arcade®, and/or play one of the games from The Training Arcade® (collectively the “Service“) and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies only to information we collect on this Service and in e-mail, online forms, text, and other electronic messages between you and us regarding the Service. It does not apply to information collected by (a) us offline or on any other service operated by TGA (including www.thegameagency.com), or (b) any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Service, such as learning management systems (“LMS”) or eLearning authoring tools.
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We collect several types of information from and about Subscribers, Users, and other visitors (e.g., anyone who accesses our Service who is not a Subscriber or User) of our Service, including information:
- by which you may be personally identified, such as name, company ID, e-mail address (which with typically be your company e-mail address unless you provide a different e-mail address), company address, telephone number (which will typically be your company telephone number unless you provide a different telephone numbers), payment information, and any other identifier by which you may be identified and contacted online or offline (“personal information“);
Information You Provide to Us
The information we collect on or through our Service may include the following, depending on whether you are a Subscriber, User, or visitor to our Service:
- Information that you provide by filling in forms on our Service. This includes information provided at the time of registering to use our Service, subscribing to our service, posting material or requesting further services.
- Records and copies of your correspondence (including e-mail addresses), if you contact us, for example, regarding customer support.
- 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.
- Your responses to optional surveys that we might ask you to complete for research purposes.
- Your search queries on the Service.
- User Contributions. You also may provide information to be published or displayed (hereinafter, “posted“), such as content uploaded to customize games in The Training Arcade®, information regarding the Users who are invited to participate in those games, and leaderboard names and scores, on public areas of the Service, or transmitted to other Users of the Service and Subscribers (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Service with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information Provided to Us from Subscribers About Users
Subscribers provide us with personal information of its Users. For example, an employer may provide us with the company email address, names, and company ID for those of its employees it invites to use the Service as Users.
Information Provided to Us from Resellers
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
Information Collected Through Data Collection Technologies
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. 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:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Service according to your individual interests.
- Recognize you when you return to our Service and where you left off.
- Provide data to Subscribers about their Users (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. The technologies we use for this automatic data collection may include:
- Web Beacons. Pages of the Service and our e-mails 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 e-mail and for other related Service statistics (for example, recording the popularity of certain Service content and verifying system and server integrity). For further information visit www.aboutcookies.org or www.allaboutcookies.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 visitor’s browser. To find out more about “Do Not Track,” you may wish to visit (www.allaboutdnt.com).
HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information to (a) provide Subscribers, Users and other visitors with our Service, (b) where we have a legitimate interest in doing so, or (c) where we have consent, including:
- To present our Service and its content to Subscribers and their Users and other visitors to our Service, and to allow you to participate in the Service.
- With respect to Subscribers, to process orders, manage the accounts, and to provide you with notices about your account/subscription (including payment, term, new offers, and renewal information).
- To carry out our obligations and enforce our rights arising from any contracts entered into between Subscribers, Users and us (including our Terms of Service).
- To notify you about changes to our Service.
To promote new offerings available from our Services and other products and services to Subscribers and visitors. You may opt-out of marketing information from us by clicking the unsubscribe link in the email or by contacting us at email@example.com. In the header of the email, please include the words .
- To fulfill any other legitimate purpose for which you provide it (or where we have obtained your consent if required by applicable law).
HOW WE DISCLOSE YOUR INFORMATION
- To the Subscriber who provided us with the personal information of its Users 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 Users’ engagement with our Service, including personal information, such as answer grading, gameplay frequency and duration, and leaderboard status in relation to other Users of the same Subscriber (which may be viewable to all Users of that Subscriber and/or the administrator(s) of that Subscriber).
- Subscribers may utilize third party learning management systems (“LMS”) through which our Service is made available to their respective Users. We may make available personal information of Users in order to facilitate that integration, including all personal information originally passed to us from the LMS as well as the User 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 Services with your social network accounts.
- To our subsidiaries and affiliates.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of TGA’s assets, whether as a going concern or 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 e-mail address to use the “e-mail a colleague” feature of our Service, we will transmit the contents of that e-mail and your e-mail address to the recipients.
We may also disclose your personal information:
- 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. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
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.
Where you are a User who is employed by a company subscribing to our Service or a User who has provided personal information to a company who is using our Service for their own marketing purposes, 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.
Where you are a Subscriber and wish to access, correct, disable or delete certain personal information including of your Users, you should contact us directly at firstname.lastname@example.org and indicate the requested action.
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 email@example.com; if you are a User, 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 Users in accordance with applicable law.
You can also exercise any of your rights by contacting us directly through the contact information provided below. You always have the right to lodge a complaint with the relevant supervisory authority for data protection in your jurisdiction.
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. Any personal information will be encrypted in transit and in our database using SSL or other 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.
Following termination or deactivation of a Subscriber account (a) we may retain personal information of Subscribers for a commercially reasonable time for backup, archival, contract performance and enforcement, or audit purposes, but no longer that 8 years and (b) we will promptly delete or return to the Subscriber personal information of its Users, and delete existing copies, unless further storage of the personal information is required or authorized by applicable law.
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 U.S., 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 will adopt 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, e-mail 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 firstname.lastname@example.org.
THIRD PARTY WEBSITES, SOFTWARE, AND SERVICES
Last modified: May 25, 2018
The Service allows individuals and legal entities, each referred to as a “Subscriber,” and their authorized agents to rapidly customize a library of fun, casual games with Subscriber’s content for use by its “Users” in order to reinforce educational material and for marketing purposes. For example, a company (as a Subscriber) may use the Service to create customized corporate training for its employees (Users) or a Subscriber may use the Service at tradeshows for its own marketing purposes to engage and collect contact information of visitors (also, Users).
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).
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.
The Service allows Subscribers (such as employers, educators, or marketers), as Third Party Providers, to customize certain game Content by uploading and integrating Content consisting of 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 an 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 Users. 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
With respect to Subscriber Content, the above license is granted to you only if you are accessing Subscriber Content through the Service as an authorized User of the Subscriber who provided the Subscriber Content.
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, 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, 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 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), we disclaim any and all representations and warranties with respect to the Service including the functionality and relevance of the Service.
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’ 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.
Applicable Laws; Jurisdiction
Limitation on Time to File Claims
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:
- An electronic or physical signature of the person authorized to act on behalf of the copyright or other intellectual property owner;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our Service;
- Your address, telephone number, and email address so that we can contact you;
- 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
- 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 2011, Stamford, CT 06902, U.S.A.
By email: email@example.com.
By Phone: (310) 863-8107. Claims provided under the Digital Millennium Copyright Act must be provided in writing as stated above.