Privacy Policy

Introduction

Innovative Learning Solutions, Inc. doing business as Marketplace Simulations (referred to herein as “Marketplace Simulations,” “we”, or “us”) is committed to protecting the privacy and security of the personal information we receive and collect from you, our users, through our websites. We also believe in transparency and are committed to informing you about certain rights and options that you have with regard to your personal information and how we treat your personal information. We do this through making our online Privacy Policy, together with our Terms of Use [https://www.marketplace-simulation.com/terms-of-use], and any documents referenced therein.

This Privacy Policy applies to the following websites (each a "Site" and, collectively, the “Sites”) maintained by us under the following domain names:

  • marketplace-simulation.com
  • marketplacesimulation.com
  • business-simulation.com
  • marketplace-live.com
  • roman-era.com
  • ilsworld.com
  • ilshome.com
  • map-mind.com
  • retail-game.com
  • onlinegbg.com
  • marketplacebike.com
  • marketplacesims.com

and all of their respective subdomains and web sites.

This Privacy Policy, together with our Terms of Use, governs your use of the above-mentioned domains, subdomains, and Sites and all information and services provided therein (collectively, the “Site Content”). This Policy does not apply to any third party applications, services, or websites, even if you access them through or they are mentioned by this Site. This Policy does not apply to information provided to or collected by any third party. When this Policy does not apply, you should read the applicable privacy policy and related terms posted on the website, application, or other service you are using before providing them with your information.

Marketplace Simulations offers several learning applications (the “Learning Tools” or the “Games”) on the Sites. These Learning Tools include Marketplace® business simulation, Marketplace Live® business simulation, Roman History Game, and Marketplace Microsimulations® that are hosted on the Sites.

WHEN REGISTERING FOR USER ACCOUNT OR OTHERWISE USING THE SITE, YOU WILL BE REQUIRED TO CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO COMPLY WITH THIS POLICY. PLEASE READ THIS POLICY CAREFULLY AS IT DESCRIBES OUR PRIVACY POLICIES AND PRACTICES. IF YOU DO NOT AGREE WITH OUR PRIVACY POLICIES AND PRACTICES, DO NOT USE THE SITE.

THIS POLICY MAY CHANGE FROM TIME TO TIME WITH NOTICE TO YOU. BY CONTINUING TO USE THE SITE AFTER YOU ARE NOTIFIED OF ANY CHANGES, YOU ACCEPT THOSE CHANGES.

1. Who is Responsible for your Personal Information?

We are the party responsible for processing data on this Site. We observe certain legal and compliance measures with regard to the personally-identifiable information (any information that identifies or is identifiable to a natural person under U.S. and other laws that may apply) that you provide to us through our Site and associated services.

If you are a user in in the European Union (the "EU"), the European Economic Area ("EEA"), or the United Kingdom (UK), for purposes of the EU General Data Protection Regulation, 2016/679 (the "GDPR") or the UK Data Protection Act of 2018, or any successor legislation (collectively, "Data Protection Laws"), we may act as a data controller or processor for the "personal data" we collect from you via our Site. For those users in Canada, we may collect “personal information” from you in connection with certain commercial activities associated with the Learning Tool and we do so in compliance with the Privacy Act and the Personal Information Protection and Electronic Documents Act (PIPEDA).

Whenever we disclose your personal data to our organizational affiliates, or vice versa, we will inform you of our lawful basis for doing so and honor your rights with respect to the processing of your personal data. We also will let you know if an entity other than us is acting as a controller or processor of your data when you request a product or service from us.

2. Collection of personally-identifiable information

We must collect some of your personally-identifiable information to provide, support, improve, and market the Site and our Content to you. Some of the ways that we may collect such information include information that you provide us directly, information about you that we automatically collect from log data, IP addresses, and aggregated user data, cookies and similar technologies, and information that you give us about your contacts, and your chat histories. We will only use your personally-identifiable information when the law allows us to do so and in the ways described in this Privacy Policy.

Marketplace Simulations collects, processes, stores, and transfers personally-identifiable information that you submit through the Site, and email, telephone, fax, or postal mail relating to your participation in the Learning Tools and our provision of the Site and its other services and Content, including:

  • Your User Profile. You be asked by us or your instructor to provide or otherwise may choose to provide us with your first name, last name, username, school affiliation, postal address, email address, telephone number, billing information, gender, nationality, age, academic grade point average (GPA), photo, and other information about your interests and preferences you may wish to feature on your profile. Your profile information may also include your username and password, purchases or orders made by you or on your behalf, and your interests, preferences, and feedback. While some basic profile information will be required to maintain an active, functional user profile on the Site, your submission of the foregoing information is voluntary.
  • Content You Share. You may choose to communicate with us, your instructor, your classmates, or other users via messaging, media upload (of photos, videos, etc.), and/or chat features of the Site or a third party messaging service. We collect the content you create and upload on our Site as well as information about that content, such as if the recipient has viewed the content and metadata associated with the content. If you share your information or content with other users, or any type, please remember that your messages, chats, and any other information or media submitted may be further shared by that user with others or become public. Please exercise caution before sharing any non-public information with other users of the Site and respect the Acceptable Use restrictions listed on our Site.
  • Business Information. This includes information provided in the course of the contractual or client relationship between you or your organization and us, or otherwise voluntarily provided by you or your educational institution or organization.
  • Usage Data. When you access and use the Site, we may automatically collect certain details of your access to and use of it, including traffic data, location data, logs, and other communication data. This includes how and with whom you communicate via the Site using chat and messaging, such as the names or usernames of users, the time and date of your communications, the number of messages and chats you exchange with other users, which users you exchange messages and chats with the most, and how you interact with chats and messages (such as when you open a message or chat).
  • Device Data. We automatically collect certain information that your Internet-enabled device sends when you use our Site, including your IP address, some user settings, which may include device model, connection and browser type, and operating system in use. Depending on your device type and device and browser settings, this information may provide geographic, time zone, or other location information associated with your device.
  • Financial and Payment Data. If you create an account or purchase access to paid features of the Site, we request certain personally-identifiable information from you on our payment form, including, but not limited to, name, email address and payment card information (including credit card number, expiration date, and verification code). We use a third party processor (currently Authorize.Net and PayPal.com) to assist in securely processing your personally-identifiable payment information, including recurring charges (if any). The credit card information you provide is encrypted and transmitted directly to Authorize.net or PayPal.com. We do not store your debit or credit card information and do not control and are not responsible for Authorize.Net and PayPal.com or their collection or use of your information. You can find out more about Authorize.Net’s privacy practices at https://www.authorize.net/company/privacy/. If you choose PayPal to make purchases through the Site, you will be directed to the PayPal website and provide your payment information directly to PayPal, whose privacy policy applies to the information you provide. Refer to PayPal’s privacy policy at https://www.paypal.com/va/webapps/mpp/ua/privacy-full.
  • Marketing and Communications Preferences. These include your preferences in receiving marketing from us and third parties and your communication preferences. We offer you control over the various types of optional communications made available by us to you, including opt-in and opt-out capabilities. At times, you also will receive mandatory communications from our Site when we deliver the services and Content that you request or need to advise you of important notices about the Site. In such cases, your only option for opting out of mandatory communications is to cancel your user account with us.
  • Contact Information, Feedback, and Inquiries. When you submit feedback to us, contact us for support, or ask us questions, we may collect your first and last name, email address, telephone number, and/or other contact information in order to respond to your feedback, provide support, or answer your questions. This includes records and copies of your correspondence (including email addresses and phone numbers) with us, if any. If you choose to communicate with us via WhatsApp, you use of WhatsApp and any account information you maintain with WhatsApp is governed by its Privacy Policy at https://www.whatsapp.com/legal?eea=0#privacy-policy.

In accordance with applicable law, we will only use your personally-identifiable information in the following circumstances:

  • In most cases, such as enabling you to use the Site and managing your user profile and account, because we have a necessary and legitimate interest in doing so to perform the Services you have requested, or to comply with your instructions or other contractual obligations between you and us;
  • Because our legitimate interests, or those of a third party recipient of your personal information, make the processing necessary, provided those interests are not overridden by your interests or fundamental rights and freedoms;
  • To comply with our legal obligations as well as to keep records of our compliance processes;
  • Because you have chosen to publish or display your personal information on a public area of the Site;
  • Because it is necessary to protect your vital interests;
  • Because it is necessary in the public interest; and/or
  • Because you have expressly given us your consent to process your personal information in a particular manner.

We collect personally-identifiable information for the following purposes:

  • To enable you to access and use the Site, including to manage user information and accounts;
  • To customize your experience, to conduct research and development to test and introduce new features and products, and to improve and monitor the effectiveness of our Site;
  • To enforce our Terms of Use;
  • For any other purposes that we specifically communicate to you when we collect that information with your consent, or for which we have a legitimate interest, including customer service and technical support;
  • To market our products and services and to provide you with materials about offers, products, and services that may be of interest, including new content or Services, including tailoring content, advertisements, and offers, and to notify you of offers, products and services that may be of interest to you, for other purposes disclosed at the time that you provide your information, or otherwise with your consent;
  • We may analyze, evaluate, and/or aggregate this information to help us understand your interests and the interests of our other users, to analyze trends, to optimize your user experience, and improve the Site; and
  • We may share aggregated information about the Site and our users, without seeking additional consent, with third parties (including, without limitation, advertisers, media, and actual or potential partners or investors) for informational, marketing, and/or promotional purposes.

Other things you should know:

  • We reserve to right to remove, at our sole discretion, any information (such as usernames, profile pictures, names, etc.) that you provide when you register for or use the Site or any services therein, if we believe it is inappropriate or violates our Terms of Use.
  • We have feedback functionality on the Site that allows you to submit comments or suggestions. We may collect your name or username and email address in order to follow up with you or thank you for a suggestion.

Special Categories of Information and Sensitive Data. We do not require that you provide any special categories of personal data and information in order to access and use our Site but, depending on how your instructor designs the assessments or other Content that you may use, limited special categories of personal data and information may be requested from you during your use of the Site (such as your gender and nationality). Sensitive Personal Data and Information is generally defined by law to include details about your race, ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, health, and/or genetic and biometric data and the collection of such data and information subject to certain protections. We also do not intentionally collect or require any information from you about criminal convictions and offences and request that you do not provide it to us. You should only share Sensitive Personal Data and Information with trusted persons. We are not liable for any harm or loss whatsoever occurring as a result of your decision to share such data with us or third parties via the Site. Notwithstanding the foregoing, we may use Sensitive Personal Data and Information we receive to comply with lawful user requests and to enforce our Terms of Use, which may include deleting any Sensitive Personal Data and Information you submit that is deemed unlawful or unnecessary for your access and use of the Site.

Student Data Privacy. In accordance with the requirements of the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and its implementing regulations, 34 CFR part 99, as amended from time to time (collectively, “FERPA”), we do not use data about individually-identifiable student preferences gleaned from scanning student content to build user profiles or target ads to individual students.

3. Anonymous collection of information

We also collect or request anonymous or non-personally identifiable data and information from you that cannot identify you as an individual unless combined with personally identifiable information, which shall be segregated in a commercially reasonable manner intended to prevent re-identification. For example, our web server collects and stores the following general and aggregate information about your visits to our Site: the originating name of the domain from which you access the Internet; the date and time you access our service; the pages you visit; the Internet address of the website from which you linked directly to us; the name and version of the web browser software you are using. This information is collected automatically for a variety of audience and performance-related purposes, such as tabulating the number of visitors to our Sites in terms of new users, origin of referrers, popularity of pages, amount of use, and types of errors, in addition to making the Sites more useful to you.

4. Use of cookies

We use “cookies,” which are small files stored on your computer's hard drive that are used to store and track personal information. Many browsers can notify you when you receive a cookie, giving you the option to accept it or not. By not accepting cookies, you may not be permitted to access certain information and some Site pages may not display properly.

When you visit our Site, the following categories of cookies will be set in your browser:

Strictly necessary cookies. These cookies are essential in order to enable you to move around a site and use its features. Without these cookies services you have asked for cannot be provided.

Performance cookies. These cookies collect information so that we can analyze how our visitors use our site. These cookies do not collect information that identifies you. All information these cookies collect is anonymous and is only used to improve how our site works.

Functional cookies. These cookies allow websites and applications to remember choices you make (e.g., such as your user name or the region you are in) and provide enhanced, more personal features. We may use information collected from functional cookies to identify user behavior and to serve Content based on your user profile. These cookies cannot track your browsing activity on other websites. They do not gather any information about you that could be used for advertising or to record where you’ve been on the Internet outside our site.

Analytics cookies. In order to keep our Site services relevant, easy to use and up-to-date, we use web analytics services to help us understand how people use the site.

5. Using Information About You

When you provide your contact information to us, or request information about our products, we will enter your contact information in our database of inquiries. We use this information to:

  • process sales and support requests;
  • create instructor and learner accounts;
  • send newsletters;
  • send game management related notifications; and
  • process payments to Marketplace Simulations.

6. Third Party Websites

This Privacy Policy is applicable only to the Sites and does not apply to any third party websites or to other companies or persons. The Sites may contain links to, and media and other content from, other sites. In addition, such third-party media and content may also contain external links. Marketplace Simulations cannot and does not guarantee the privacy policies and practices of any third party. Marketplace Simulations does not control, operate, or endorse any information, products, or services of any third-party websites that may be reached through links from the Site. The use of any personal information provided by you to such a third party will be governed by that party's privacy policy. You should review the privacy policy at each linked website to determine how that website treats your personal information.

Marketplace Simulations will require its agents to safeguard personal information consistent with this Privacy Policy by contract obligating the agent to provide at least the same level of protection as is required by the EU-U.S. and Swiss-U.S. Privacy Shield Principles.

In connection with our remarketing activities, third-party websites, such as Google, Bing, etc. show our advertisements on websites across the Internet. These third-party websites use cookies or similar tracking technologies to serve advertisements based on your interests and your past visits to the Sites. We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of Google's use of cookies by visiting Google's Ads Settings (located at http://www.google.com/settings/ads). You can opt out of receiving targeted advertisements from members of the Network Advertising Initiative ("NAI") on the NAI's website (located at http://www.networkadvertising.org/managing/opt_out.asp).

Additionally, the Site may use third-party service providers to provide various aspects of the Site. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. The Site currently uses the following third-party service providers:

  • Google Analytics – This service tracks website usage and provides information such as referring websites and user actions on the Website. Google Analytics may capture your IP address, but no other personal information is captured by Google Analytics. You can read our agreement with Google Analytics and privacy terms here: https://policies.google.com/technologies/partner-sites
  • Authorize.Net– This service is used to serve our ecommerce platform. At no time is your financial or payment information passed to the Site. We receive only limited information necessary for order fulfillment. You can access the privacy policy for Authorize.Net here: https://www.authorize.net/company/privacy/
  • PayPal.com - This service is used to serve our ecommerce platform. At no time is your financial or payment information passed to the Site. We receive only limited information necessary for order fulfillment. You can access the privacy policy for PayPal.com here: https://www.paypal.com/va/webapps/mpp/ua/privacy-full

7. Visiting our Site from outside the United States

If you are visiting this Site from outside the United States, please be aware that your information will be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. By using our services, you understand and consent to your information being transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.

8. Privacy Shield

Marketplace Simulations complies with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information (“Personal Information”) from member countries of the EU, the EEA, and Switzerland. Marketplace Simulations has certified that it adheres to the Privacy Shield Principles. If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, generally, please visit https://www.privacyshield.gov/. To view details about our Privacy Shield certification, please visit www.privacyshield.gov/list.

Marketplace Simulations’ participation in the Privacy Shield applies to personal data received from the EU, the EEA, and/or Switzerland. Marketplace Simulations will comply with the Privacy Shield Principles in respect of such personal data. Some types of Personal Information may be subject to additional privacy-related requirements and policies, which are consistent with the Privacy Shield Principles, including, but not limited to, specific contractual obligations, additional applicable laws and professional standards, Marketplace Simulations’ internal policies, and this Privacy Policy.

In implementing the Privacy Shield Principles, Marketplace Simulations has agreed to subject its compliance to the full breadth of regulatory enforcement of the Federal Trade Commission (FTC) or any other statutory body empowered to enforce compliance with the Privacy Shield Principles.

Marketplace Simulations acknowledges that EU and Swiss individuals protected by the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks have the right to access or limit the use or disclosure of the personal information that we maintain about them. An EU or Swiss individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct their query to [email protected] If requested to remove data, we will respond within a reasonable timeframe.

If you are located in European Union (“EU”), the European Economic Area (“EEA”), or Switzerland, we share this information with our applicable EU, EEA, and Swiss distributor(s) to contact you with news and special offers to follow up on your request. You may always unsubscribe to these news or offers by removing your personally identifiable information using the method below or by clicking the “unsubscribe” link in any email.

Employees of Marketplace Simulations who have access to any of your personal information in connection with the Marketplace Simulations are not permitted to use this information for any other purpose than to carry out services on behalf of Marketplace Simulations. We share information about your participation in the Learning Tools with your game instructor (professor) and/or other applicable faculty of your educational institution. We share your name with other users to help those users identify the proper game and team to join.

If you have any questions or complaints about our compliance with the Privacy Shield, please contact us using the contact information provided below.

In compliance with the Privacy Shield Principles, Marketplace Simulations commits to resolve complaints about your privacy and our collection or use of your personal information. EU or Swiss individuals with inquiries or complaints regarding this privacy policy should first contact Marketplace Simulations using the contact information provided below.

Marketplace Simulations has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.

Under certain limited circumstances, if all other remedies have been exhausted to no avail, EU and Swiss individuals may invoke binding Privacy Shield arbitration as a last resort. Please visit https://www.privacyshield.gov/article?id=ANNEX-I-introduction for information on when you may invoke binding arbitration. To initiate binding arbitration, you must give notification of this decision to Marketplace Simulations using the contact information provided below.

Pursuant to the Privacy Shield, Marketplace Simulations remains liable for the transfer of personal data to third parties acting as our agents unless we can prove we were not a party to the events giving rise to the damages.

General information about the Privacy Shield and the Privacy Shield Principles, as well as information about binding Privacy Shield arbitration, can be found at www.privacyshield.gov.

9. Information We Share with Third Parties

In addition to using your information for the purposes described above, we may share your information with parties other than us or our users (the “Third Parties”). In some cases we may request your permission before we share that information, but we reserve the right to share your information with Third Parties without prior notification or without soliciting additional permission when permitted by law. We discuss below those situations where we may share your information without requesting your further permission.

We may share your personal data in the following contexts:

  • Disclosures without Your consent. We may disclose your personal data in response to subpoenas, warrants, court orders or other legal process, or to comply with relevant laws or regulatory investigations when we believe in good faith that applicable law requires it. We may also share your personal data in order to establish or exercise our legal rights, to defend against a legal claim, to investigate, prevent, enforce, or take other action regarding possible illegal activities, suspected fraud, threats to the safety of person or property, or a violation of our Terms of Use or our other policies or agreements.
  • Disclosures with your consent. We may ask if you would like us to share your personal information with other unaffiliated third parties who are not described elsewhere in this Policy. We will only disclose your personal information in this context with your specific and express consent.
  • Other users. We may disclose your personal data in response to your request to share Content with other users.
  • Job Applications and Employment. If you apply for a job with us, we may disclose personal information necessary to process your application or employment. This may include, among other things, your contact information, your social security number, and employment history, in accordance with applicable law.
  • Third Party Support. If you provide us with feedback, contact us for support, or ask us questions via web form, telephone, email, or other method allowed by our Services, we will collect and may disclose your name, email address, other contact information and other information to third parties as needed to respond to your feedback, request for support, or answer your question.
  • Employees, business affiliates, and intermediaries. We disclose your personally identifiable information to our affiliates, subsidiaries, or divisions and their respective officers, directors, employees, accountants, attorneys, and agents, or with our business partners, all of whom are bound by all of the confidentiality and other data processing protections and practices described in this Policy, use your information strictly to carry out their job duties on a need-to-know basis, and only do so as required by law and as required by our legitimate interests.
  • Our Vendors. Our Services may be developed and supported by third party vendors, who may, in the course of performing such services for us, have access to your personally identifiable information. Among other things, Service Providers may help us to administer the Services, support our provision of products and services requested by you, provide technical support, send marketing and promotions and communicate with you about our products and services, payment processing issues, and other legitimate purposes permitted by law. We require such vendors to maintain the confidentiality of your information, and take appropriate measures to keep it secure. We prohibit such vendors from using or sharing your information for any purpose other than in performing specific services for us required to maintain and update our Services.
  • We also receive or disclose personal data about you from third parties, inside and outside of the EU/EAA, who are bound to obligations of confidentiality and required to perform processing with us or on behalf only for as long as a required by role and contract or business relationship with us. The types of personal data and third parties involved in these activities include: contact, financial, and transaction data with providers of technical, payment and delivery services, usage data with service providers who provide additional IT and system administration services, and business information and transaction data with professional advisers including, but limited to, lawyers and accountants who provide us with legal and accounting services. Please contact us with if you have any questions about the business and legal purposes for which we make such disclosures.
  • We may transfer your personal information for the purposes described in our Privacy Policy to a third party acting as a data controller or as an agent. If we disclose personal information to a third party acting as a data controller or as an agent, we will comply with and protect the information as provided in the Accountability for Onward Transfer Principle and our agreement(s) with you.
  • Corporate Change. We may sell, transfer or otherwise share some or all of our assets in connection with a merger, reorganization or sale of assets, or in the event of bankruptcy, without your permission. In such an event, personally identifiable information may among the assets transferred.
  • Aggregated Data. We may disclose aggregated, anonymized information about the Site and its users to third parties (including, without limitation, advertisers, media, and actual or potential partners or investors) for informational, new product development, marketing, and/or promotional purposes, without seeking additional consent from you, when such aggregated information does not identify you or any specific individual, as is the case with groupings of demographic data and customer preferences.
  • Advertisers. We allow third-party advertising partners to collect the advertising identifier and IP address from your device and set tracking tools on your browser (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We also share such de-identified information as well as selected personal information we have collected with third-party advertising partners. We gather additional information for remarketing or similar audiences on the Sites. This allows us to advertise to people who previously visited the Sites. We engage third-party vendors, such as Google, to provide remarketing services on our behalf. If you prefer that we do not share your personal information with third-party advertising partners, you may opt-out of such sharing at no cost by following the instructions provided in this Privacy Policy. Third parties that provide advertising or other functionality on our Site may collect the same information about your device that we automatically collect, as described above. We will not seek to gather additional information from third parties or enhance or merge personally-identifiable information with data obtained from third parties. We will not give or sell your personally-identifiable information to any outside organization.

Please note the above list contains examples of personal data and information we may have concerning you and it does not necessarily mean that we do hold or disclose this information about you.

10. Individual Rights Under GDPR

Absent exceptional circumstances, we offer you reasonable access to and control over your personal data at any time, at no charge. Please inform yourself of your rights by reviewing the list below. You may use the “Contact Us” details at the end of this Policy to exercise your rights and choices.

For those users in the European Union (EU) or the European Economic Area (EEA), we generally consider ourselves to be the “controller” of the “personal data” we collect and process, and we do so in compliance with the EU General Data Protection Regulation, 2016/679 (GDPR).

We try to respond to all legitimate requests regarding your personal information within one month. Occasionally, it could take us longer than a month if your request is particularly complex or you have made a number of requests. In such cases, we will notify you and keep you updated. The timeframes described here do not apply to our response times for addressing ordinary customer service and support requests unrelated to the exercise of personal information access rights.

Although we uses commercially reasonable efforts to provide individuals with access to their personal information and to respond to their requests, there may be circumstances in which we need to ask you for more information to identify your account and may ask you to demonstrate your identity or we may be unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If we determine that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.

1. Request of access. You have the right to request a copy of the personal data that we hold about you, as well as to inquire about the origin, recipients, and purposes of that data. There are certain exceptions to this right, however, so that we may deny access to you as required by law or to protect the legal rights of others. You can request a download of your account information. To request a download, navigate to the “Request Account Info” button inside the Settings section of the Site.

2. Request correction. You have the right to request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. Our goal is to keep your personal information accurate, current and complete. Please contact us if you believe your information is not accurate or changes. You may edit your account information via the Site.

3. Right to Erasure and Deletion of Your Personal Information. You may have a legal right (for instance, if you are located in the EU or EEA under the GDPR) to request that we delete your personal information when it is no longer necessary for the purposes for which it was collected, or when, among other things, your personal information has been unlawfully processed. You may request to delete your chat history stored on our servers, for any reason, by contacting our Support Department. You may delete your entire user account, by selecting the appropriate option in the Site settings.

We also may decide to delete your personal information if we believe it is incomplete, inaccurate or that our continued storage of your personal information is contrary to our legal obligations or business objectives. When we delete personal information, it will be removed from our active servers and databases and our Services, but it may remain in our archives when it is not practical or possible to delete it. We may also retain your personal information as needed to comply with our legal obligations, resolve disputes, or enforce any agreements, such as limited information about your device that may be retained for the purposes of fraud detection and enforcement of our Terms of Use.

4. Right to Object. In certain circumstances, as permitted under applicable law, you have the right to object to processing of your personal information and to ask us to erase or restrict our use of your personal information. If you would like us to stop using your personal information, please contact us and we will let you know if are able to agree to your request.

5. Right to Portability. You have the right to request that some of your personal data is provided to you or an authorized third party in a commonly-used, machine-readable format (such as .txt). You can request a download of your account information. To request a download, navigate to the “Request Account Info” button inside the Settings section of the Site. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.

6. Right to Withdraw Consent. If you have provided your consent to the collection, processing and transfer of your personal information, you have the right to fully or partially withdraw your consent. We attempt to comply with all reasonable and legitimate requests. As discussed above, you may modify the permissions and settings on your device and the Site to limit access to certain information. To withdraw your consent with respect to emails and other communications from us, please notify us or follow the opt-out links available in the communications sent to you. Once we have received notice that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there are compelling legitimate grounds for further processing that override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. Withdrawal of consent to receive marketing communications will not affect the processing of personal information for the provision of our Services. However, changing the permissions and settings on your device or within the Site may cause certain features of the Site to stop functioning.

7. Updating Your Personal Information. If any of the personal information you have provided to us changes, please let us know. For instance, if your email changes, you wish to cancel any request you have made of us, or if you become aware of inaccurate personal information about you, please contact us to update your information. You may edit your account information via the Site.

We are not responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.

Marketplace Simulations EU Representative: Marketplace Simulations does not have an establishment in the European Union (“EU”). We have appointed a representative in Austria, who you may address if you are located in the EU to raise any issues or queries you may have relating to our processing of your Personal Data and/or this Privacy Policy more generally. Our EU representative is Maetzler Rechtsanwalts GmbH & Co KG; Attorney at Law; Schellinggasse 3/10, 1010 Vienna, Austria and they can be contacted directly at https://gdpr-rep.eu/q/11648383

You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en. If you need further assistance regarding your rights, please contact us using the contact information provided below and we will consider your request in accordance with applicable law.

11. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personally-identifiable information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Site may then be inaccessible or not function properly,
  • Disclosure of Your Information for Third-Party Advertising. We do not share your personally-identifiable information with unaffiliated third parties for advertising purposes.
  • Google Analytics Opt-out Option. If you do not want your information collected with Google Analytics, you can install the Google Analytics opt-out browser add-on. To opt-out of Google Analytics, visit the Google Analytics opt-out page (located at https://tools.google.com/dlpage/gaoptout) and install the add-on for your browser. For more details, visit the “Google Analytics opt-out browser add-on” page (located at https://support.google.com/analytics/answer/181881?hl=en).

Opt-out. You may “opt-out” and unsubscribe from our communications by clicking on the “unsubscribe link” found at the bottom of any emails you may receive from us or third party affiliates or by contacting us directly at the postal address listed at the end of this policy.

Do Not Track (“DNT”). DNT is a privacy preference that users can set in certain web browsers and devices. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

12. International Transfers

Our company headquarters are located in Knoxville, Tennessee, United States. We store your personal data and information on servers in the United States, so if you access the Services or reside outside of the United States, please be aware that your personal data and information is transferred to, stored, and/or processed in these locations. While the data protection, privacy and other laws of the United States might not be as comprehensive as those in your country, we take necessary and appropriate steps to protect the security and privacy of your personal information. When you use or request Services from us, we require your consent for the collection, storage, processing and transfer of your personal information to our facilities in the United States and those third parties or other countries with whom we may share it as described in this Policy

13. Data Retention Practices

We will retain your personal data for as long as needed to fulfill the purposes for which it was collected and to provide the Services to you. As a result, data retention periods may depend upon the feature of the Site for which the data was provided.

We keep most personally-identifiable information on our servers for a period of 3 years by default, unless you reasonably request for the information to be deleted sooner or we have a reason to retain it that is protected by law. With regard to credit card payments, our retention process differs, because such payments are all timely processed using third-party gateways Authorize.net and PaPal.com.

We also will retain and use your personal data as long as necessary to comply with our business requirements, legal obligations, resolve disputes, protect our assets, provide our services, and enforce our agreements. We only collect this data on an aggregated basis, and in a manner which does not reveal any personal data or information that identifies any individual user. This data helps us to better understand our users’ interests, analyze trends, and customize the user experience.

When we no longer have a purpose to retain your personal data, we will use commercially reasonable efforts to securely destroy your personal data in accordance with applicable law and our policies. In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

14. Data Security

We maintain appropriate technical and organizational measures to prevent your personal information under our control from being accidentally lost, used or accessed in an unauthorized manner, altered or disclosed during collection, storage, and processing. All information you provide to us is stored on our secure, limited access servers behind firewalls. Your personal data and information is password-protected so that only you can log in to your account. Any additional safeguards used to protect personal information will depend on the sensitivity of the personal information, the amount, distribution and format of the information, and the method of storage.

By using the Site or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice within the Site. Access to your account and personal data and information is restricted within our organization to employees and trusted partners that need access to your personal information in order to correspond with you and provide the products and/or services that you requested from us.

While our security measures seek to protect your personal information in our possession, no security system is perfect and we cannot guarantee that your personal information will remain absolutely secure in all circumstances or that any privacy settings or security measures used in connection with the Services cannot be circumvented. Therefore, we cannot guarantee that unauthorized third parties will not be able to circumvent those measures or other safeguards in use, or access and/or use your personal information for improper purposes.

The majority of communications on our Services, including any submissions through available forms, are sent encrypted through the standard HTTPS protocol and may be delivered using regular e-mail. Information is not sent over the unencrypted HTTP protocol. E-mail, while convenient, does pose some risks (e.g., e-mail is not a secure form of communication, is unreliable, can be forwarded, etc.). Any transmission of information that you make through our Services is at your own risk.

The safety and security of your personal information also depends on you. Where you use a password for access to restricted parts of the Services, you are responsible for keeping the password confidential. Do not share your password with anyone else. Certain Services include social networking, chat room or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.

If a security breach causes an unauthorized intrusion into our Services or systems that compromises your data, we will notify you and any applicable regulator when we are required to do so by applicable law.

15. Children’s Privacy

The Services are not directed to, nor do we knowingly collect personal information from minors under 18 years of age or the locally-applicable legal age of majority. If you learn that a minor has provided us with personal information without a lawful guardian or parent’s lawful consent, you may alert us at [email protected] If we learn that we have unlawfully collected any personal information from minors under 18, we will promptly take steps to delete such information and terminate the minor’s user account.

16. Your California Rights

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits you, if you are a California resident, to request and obtain from us once a year, free of charge, information about the personally identifiable information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared such information. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information at the end of this policy and clearly label your request “Shine the Light Inquiry”.

Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response. Also note that under California law, businesses are only required to respond to such requests once during any calendar year within the time prescribed by law in response to reasonable and verifiable requests.

17. Amendment

This Privacy Policy may be amended consistent with the requirements of the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks. When we update this Privacy Policy, we will also revise the "Last Updated" date at the top of this document. If we make material changes to how we treat our users’ personal information, we will post the new Policy on this page with a notice that an update has occurred. You are responsible for providing us with an active, up-to-date, and deliverable email address for contacting you. It also is your responsibility to carefully review this Policy prior to using the Services and from time to time so you are aware of any changes.

18. Contact Us

If you have questions or comments about this Policy, wish to access personal information we hold about you, believe the personal information we have about you is incorrect, or wish to lodge a complaint with us about how we have handled your personal information, please use the contact details below and we will do our best to assist you:

Marketplace Simulations
Attn: Technical Support
520 W Summit Hill Rd, Suite 701
Knoxville, TN 37902
USA

Email address: [email protected]
Telephone number: +1 (865) 522 1946

Last update 06/06/2019