Last modified: August 26, 2022
This policy applies only to information we collect from Visitors, Subscribers and Subscriber Players on this Service when 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 may collect information that qualifies as “personal information” or “personal data” under the law applicable to you. We prohibit Subscribers from sending us any of the following data: (1) special categories of data enumerated in European Union Regulation 2016/679, Article 9(1), any successor legislation, and any applicable United Kingdom laws including the U.K. GDPR; (2) patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented) (HIPAA); (3) credit, debit, or other payment card data or financial account information, including bank account numbers; (4) credentials granting access to an online account (e.g. username plus password); (5) social security numbers, driver’s license numbers, or other government identification numbers; (6) other information subject to regulation or protection under specific laws such as the Children’s Online Privacy Protection Act or Gramm-Leach-Bliley Act (or related rules or regulations); or (7) any data similar to the above protected under foreign or domestic laws; and shall not use the Product or Services in connection with any activities where its use or failure could lead to death, personal injury, or environmental damage, such as in life support systems, emergency services, nuclear facilities, autonomous vehicles, or air traffic control.
Our purposes and means of collecting information depend on your status as a Subscriber, Subscriber Player, or Visitor.
Subscriber: “Subscribers” are TGA’s corporate customers of The Training Arcade®. The Service allows Subscribers to rapidly customize a library of fun, casual games with the Subscriber’s content and/or to create a gamified destination to house the games in an arcade (“Arcade™”) for social learning. Subscribers may designate “Administrators” to customize game and other content, access results data, invite, and authorize Subscriber Players to play the games, or add or remove certain features available to its Subscriber Players.
Reseller: “Resellers” are companies that we authorize to sell the Service to Subscribers.
Subscriber Player: A Subscriber authorizes use of the games created with the Service by its “Subscriber Players” for educational or marketing purposes. For example, a Subscriber may use the Service (i) to create customized corporate training for its employees (who are the Subscriber Players), (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. TGA processes Subscriber Players’ data according to its contract with the Subscriber. Subscriber Players are also subject to their respective Subscriber’s privacy policies, which we do not control.
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:
- 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:
- Information that you provide by filling in forms associated with 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 with contact information about 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.
- 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.
- Subscribers’ search queries on the Service.
If You Are a Subscriber Player:
- Registration information you provide to play a game, such as first name, last name, and email address.
- Details of activities you carry out through our Service, including the answers you provide to questions in the games and time spent playing each game. If you participate in an Arcade, we collect information such as experience points and prizes collected.
- Records and copies of your correspondence (including email addresses), if you contact us, for example, regarding customer support; we will generally direct Subscriber Players to the Subscriber for support questions.
- 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.
Information Provided to Us from Others
Information Provided to Us by Subscribers About Their Subscriber Players:
Subscribers may provide us with Subscriber Data that includes information about Administrators and Subscriber Players. 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. If the Subscriber has implemented the “challenge a colleague” feature, allowing Subscriber Players to invite other Subscriber Players (of the same Subscriber) to play a challenge game, the Subscriber will provide us with the list of Subscriber Players authorized to use this feature, including the name of the Subscriber Player as well as their email address.
Information Provided to Us from Resellers About Subscribers:
Resellers may provide us with the same information that Subscribers provide.
Information Provided Through Use of Social Networks by Subscribers and Subscriber Players:
Information We Collect 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 activities Subscribers carry out through our Service, including to create games using uploaded Subscriber Content, determine the method of game access and distribution, invite users to play the games, and analyze the results of the gameplay.
- 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. This data 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.
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 directly identifiable data but can be read by the entity that placed the cookie and may allow it to associate your device to other data about you.
- 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 visit allaboutcookies.org.
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 INFORMATION ABOUT YOU
We may use any of the information we collect about you for the following purposes. We may use and disclose aggregated or anonymous information about our Visitors, Subscribers and their Subscriber Players, and information that does not identify any individual, without restriction (unless prohibited by applicable law).
- Service functionality: To provide you with the Service. For more information about what the Service is and how it works, please visit https://thetrainingarcade.com. Part of Service functionality is compiling data about Subscriber Players’ scores on a leaderboard. Subscribers have full control over how to use and disclose leaderboard information, and Subscriber Players may share leaderboard information with social media services as permitted by their Administrators. Service functionality also includes taking steps to enter a contract for sale or for services, processing payments, fulfilling orders, sending service communications (including renewal reminders), and conducting general business operations, such as accounting, recordkeeping, and audits.
- Service improvement: To improve and grow our Service, including to develop new products and services and understand how our Services are being used, our customer base and purchasing trends, and the effectiveness of our marketing.
- Personalization: To offer you recommendations and tailor the Service to your preferences.
- Advertising and marketing: To send you marketing communications, personalize the advertisements you see about our Service on third-party online properties, and measure the effectiveness of our advertising. We may share your information with business partners, online advertising partners, and social media platforms for this purpose.
- Security: To protect and secure our Services, assets, network, and business operations, and to detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal.
- Legal compliance: To comply with legal process, such as warrants, subpoenas, court orders, and lawful regulatory or law enforcement requests and to comply with applicable legal requirements.
HOW WE SHARE INFORMATION ABOUT YOU
Visitor, Subscriber, and Subscriber Player Information. We may disclose information we collect from Visitors, Subscribers, or Subscriber Players:
- To contractors and service providers 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. For example, our service providers may use information about you to support the following:
- Supporting Service functionality, such as vendors that support customer service and customer relationship management, application development, and communications (email, fax, chat-bot).
- Auditing and accounting firms, such as firms that assist us in the creation of our financial records.
- Professional services consultants, such as firms that perform analytics, assist with improving our business, provide legal services, or supply project-based resources and assistance.
- Analytics and marketing services, including entities that analyze traffic on our online properties and assist with identifying and communicating with potential customers.
- Security vendors, such as entities that assist with security incident verification and response, service notifications, and fraud prevention.
- Information technology vendors, such as entities that assist with website design, hosting and maintenance, data and software storage, and network operation.
- Marketing vendors, such as entities that support distribution of marketing emails.
- 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 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.
Subscriber Information (including Administrators). In addition to the disclosures listed above, we may disclose Subscriber information:
Subscriber Player Information. In addition to the disclosures listed above, we may disclose Subscriber Player information:
- To the Subscriber who provided us with information about 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) and activities within an Arcade (such as all the experiences points a Subscriber Player garners when playing, watching videos, challenging other Subscriber Players).
- To other Subscriber Players at the direction of the Subscriber Player. For example, if the Subscriber has implemented the “challenge a colleague” feature, the challenge invitation from one Subscriber Player will be received by the other Subscriber Player through one or more of the following Subscriber approved methods: (i) web browser notification or (ii) email. The Subscriber Players will have their game scores shown on leaderboards in the Service.
- 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 information about Subscriber Players in order to facilitate that integration, including all information originally passed to us from the Subscriber and/or its LMS or SSO as well as the Subscriber Player engagement data.
WHAT WE WILL NOT DO WITH SUBSCRIBER PLAYER PERSONAL INFORMATION
YOUR OPTIONS AND RIGHTS REGARDING YOUR INFORMATION
Your Account: If you are a Subscriber Player using Arcades™ or an Administrator using the Service, please log in to update your information.
Email Unsubscribe: If you do not wish to receive marketing information from us or wish to opt out of future email promotions from us, please contact us. Please note that all promotional email messages you receive from us will include an option to opt out of future email communications.
“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.
Jurisdiction-specific rights: You may have certain rights with respect to your information depending on your location or residency. Please see “privacy disclosures for specific jurisdictions” below. Please contact us to exercise your rights.
Making a request to exercise your rights
Submitting requests: You may request to exercise your rights by making a request using the contact information below.
If you are a California resident, you may authorize another individual or a business registered with the California Secretary of State, called an authorized agent, to make requests on your behalf.
We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
Verification: We must verify your identity before responding to your request. We verify your identity by asking you to provide personal identifiers that we can match against information we may have collected from you previously. We may need to follow up with you to request more information to verify identity.
We will not use information we collect in connection with verifying or responding to your request for any purpose other than responding to your request.
We use a combination of physical, technical, and administrative safeguards to protect the information we collect through the Service. While we use these precautions to safeguard your information, we cannot guarantee the security of the networks, systems, servers, devices, and databases we operate or that are operated on our behalf.
TGA is based in the United States, and, regardless of where you use our Service or otherwise provide information to us, the information will 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 email@example.com
European Economic Area, United Kingdom, and Switzerland
We process “personal data,” as that term is defined in the European Union’s General Data Protection Regulation (“GDPR”).
Your rights under the GDPR: Users who are located in the European Economic Area (“EEA”), U.K., or Switzerland have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are located in the EEA, U.K., or Switzerland, you have the following rights.
- Access and Portability: Request access to personal data we hold about you or request transmission of your data to a third party.
- Correction: Request that we rectify inaccurate or incomplete personal data we store about you.
- Erasure: Request that we erase personal data when such data is no longer necessary for the purpose for which it was collected, when you withdraw consent and no other legal basis for processing exists, or when you believe that your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.
- Restriction of processing: Request that we restrict our processing of personal data if there is a dispute about the accuracy of the data; if the processing is unlawful; if the processing is no longer necessary for the purposes for which it was collected but is needed by you for the establishment, exercise or defense of legal claims; or if your request to object to processing is pending evaluation.
- Objection to processing: Object to processing of your personal data based on our legitimate interests or for direct marketing (including profiling). We will no longer process the data unless there are compelling legitimate grounds for our processing that override your interests, rights, and freedoms, or for the purpose of asserting, exercising, or defending legal claims.
- Transfers: Obtain information about and a copy of the safeguards we use to transfer personal data across borders.
Please contact us to exercise these rights.
Your California Privacy Rights; “Shine the Light” Law
California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their own direct marketing purposes in the preceding calendar year. We do not share your personal information with third parties for those third parties’ direct marketing purposes.
California Consumer Privacy Act
The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and disclosure of information about them, as well as rights to know/access, delete, and limit disclosure of personal information. You have the right to be free from discrimination based on your exercise of your CCPA rights. To the extent that we collect personal information that is subject to the CCPA, that information, our practices, and your rights are described below.
Notice at Collection Regarding the Categories of Personal Information Collected
You have the right to receive notice of the categories of personal information we collect and the purposes for which we use personal information. The following table summarizes the categories of personal information we collect, the categories of sources of that information, and whether we disclose or sell that information to service providers or third parties, respectively. The categories we use to describe personal information are those enumerated in the CCPA. We collect this personal information for the purposes described in “how we use information.”
Entities to whom we disclose information for business purposes are service providers, which are companies that we engage to conduct activities on our behalf. We restrict service providers from using personal information for any purpose that is not related to our engagement. The types of service providers we use are listed in “How We Share Information About You.”
|Category||Information Type||Source||We disclose to:||We sell to:|
|Identifiers||Contact information or personal characteristics (name; email address; postal address; telephone number; signature)||You; our social media pages||Service Providers||Not sold|
|Social media handles|
|Financial Information (Subscribers only)||Payment card data||You||Service Providers||Not sold|
|Bank account information|
|Commercial Information (Subscribers only)||Transaction information||You||Service Providers||Not sold|
|Billing and payment records|
|Device identifier (e.g., MAC)|
|Advertising identifier (e.g., IDFA, AAID)|
|Information provided in URL string (e.g., search keywords)|
|Cookie or tracking pixel information|
|Information about your interaction with our website, app, email correspondence, or products|
|Diagnostic information (e.g., crash logs, performance data)|
|Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information||Call recordings||You||Service Providers||Not sold|
|Professional or Employment-Related Information||Current employer||You||Service Providers||Not sold|
|Education Information||Education history||You||Service Providers||Not sold|
|Level of education|
Entities to whom we “sell” information are third parties. Under the CCPA, a business “sells” personal information when it discloses personal information to a company for monetary or other benefit. A company may be considered a third party either because we disclose personal information to the company for something other than an enumerated business purpose under California law, or because its contract does not restrict it from using personal information for purposes unrelated to the service it provides to us.
Your rights under the CCPA
- Know and request access to and deletion of personal information: You have the right to request access to personal information collected about you and information regarding the source of that personal information, the purposes for which we collect it, and the third parties and service providers with to whom we sell or disclose it. You also have the right to request in certain circumstances that we delete personal information that we have collected directly from you. Please contact us to exercise these rights.
Colorado, Connecticut, Utah, and Virginia
Residents of the States of Colorado, Connecticut, Utah, and Virginia have the following rights:
- Opt out of “sales” of personal information and use of their personal information for “targeted advertising,” as those terms are defined under applicable law.
- Opt out of “profiling” under certain circumstances, as defined under applicable law. (Residents of Colorado, Connecticut, and Virginia only.)
- Confirm processing of and access to personal information under certain circumstances.
- Correct personal information under certain circumstances. (Residents of Colorado, Connecticut, and Virginia only.)
- Delete personal information under certain circumstances.
Residents of these states can exercise their rights by contacting us at using one of the methods listed above.
Residents of the State of Nevada have the right to opt out of the sale of certain pieces of their information to third parties. Currently, we do not engage in such sales. If you are a Nevada resident and would like more information about our data sharing practices, please contact us.