Privacy Policy

Last modified: 25th May 2018.

Introduction

Orbx provides users the ability to purchase or freely download our software from the website (“OrbxDirect”), the client application (the “Client”) and related internet services (collectively, the “Service(s)”). The Service is operated by Orbx Simulation Systems Pty. Ltd. (the “Company”, “we”, “us” or “Orbx”) for users of the Service (“you”).

This Privacy Policy sets forth our policy with respect to information that is collected from visitors to the Site and users of the Client and/or the Services.

By continuing to use our services after the 25th of May 2018, you agree to the terms set out in this document.

Information we collect

When you interact with us through the Services, we may collect information from you when you voluntarily provide such information, such as when you register for access to the Services or use certain Services. Information we collect may include but not be limited to your email address and the version(s) of our software that you have installed.

Other information

• Data we collect automatically: when you interact with us through the Services, we receive and store certain information such as IP address, device ID, device name, your activities within the Services, and the version(s) of our software that you have installed.
• Aggregated information: we collect and aggregate customer data to understand the users of our Services. This data is compiled and aggregated and may be shared with affiliates, agents and business partners. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes. Because this data is aggregated, it cannot be used to identify any individual user.
• Cookies: We employ cookies and similar technologies to keep track of your settings such as which account you are logged into. Cookies are pieces of data that sites and services can set on your browser or device that can be read on future visits. We may expand our use of cookies to save additional data as new features are added to the Service. In addition, we use technologies such as web beacons and single-pixel gifs to record log data such as open rates for emails sent by the system.
• We may use third party analytics tools such as Google Analytics on our website that employs cookies to collect certain information concerning your use of our Services. However, you can disable cookies by changing your browser settings. Further information about the procedure to disable cookies can be found on your Internet browser provider’s website via your help screen.
• Advertisements: you may see our Service advertised in other applications or websites. Advertising platforms, which include Facebook (and whose SDKs are integrated within our service), may collect information for optimising advertising campaigns outside of the Service.
• License transfers: if you conduct a transfer of license information from The FlightSim Store, Turbulent Designs or iBlueYonder, we may store the email address you used to conduct the license transfer and your license information for the products that are transferred.

If you do not wish to receive personalized advertising that is delivered by third parties outside of the Orbx Services, you may be able to exercise that choice through opt-out programs that are administered by third parties, including the Network Advertising Initiative (NAI) and/or the Digital Advertising Alliance (DAA). Our Services currently do not respond to “Do Not Track” (DNT) signals and operate as described in this Privacy Policy whether a DNT signal is received, as there is no consistent industry standard for compliance.

Where information is processed

Orbx is based in Australia. Most of our services are hosted in the United States. No matter where you are located, you consent to the processing and transferring of your information in and to Australia, the United States and other countries. The laws of Australia, the United States and other countries governing data collection may not be as comprehensive or protective as the laws of the country where you live.

Our use of your information

We use the information you provide in a manner that is consistent with this Privacy Policy. If you provide information for a certain reason, we may use the information in connection with the reason for which it is provided. For instance, if you contact us via our Support System (orbx.to/support) or Facebook, we will use the information you provide to answer your question or resolve your problem. Also, if you provide information in order to obtain access to the Services, we will use your information to provide you with access to such Services and monitor your use of such Services. The company and its affiliates (the “Related Companies”) may also use your information collected through the Services to help us improve the content and functionality of the Services. Orbx and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each marketing communication we send you will contain instructions permitting you to “opt-out” of receiving future marketing communications. In addition, if at any time you wish to not receive any future marketing communications, or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

Our legal basis for handling of your personal data

The laws in some jurisdictions require companies to tell you about the legal ground they rely on to use or disclose your personal data. To the extent those laws apply, our legal grounds are as follows:

• To honour our contractual commitments to you. Much of our processing of personal data is to meet our contractual obligations to our users, or to take steps at users’ requests in anticipating of entering into a contract with them. For example, we handle personal data on this basis to create your account and provide our Services.
• Legitimate interests. In many cases, we handle personal data on the ground that it furthers our legitimate interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals. This includes:
  • Providing a safe and enjoyable user experience
  • Customer service
  • Marketing (e.g. sending emails or other communications to let you know about new features)
  • Protecting our users, personnel and intellectual property
  • Analysing and improving our business (e.g. collecting information about how you use our Services to optimise and design and placement of certain features)
  • Managing legal issues
• Legal compliance. We need to use and disclose personal data in certain ways to comply with our legal obligations
• Consent: where required by law, and in some other cases, we handle personal data on the basis of your implied or express consent

Our disclosure of your information

We are not in the business of selling your information. We may, however, share information with certain third parties:

• Consent: we may transfer your information with your consent.
• Agents, Consultants and Related Third Parties: like many businesses, we sometimes hire other companies or individuals to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments.
• Aggregated or non-identifiable data: we may also share aggregated or non-personally identifiable information with our partners or others for business purposes.

Children

Our Services are for users age 13 and over and we do not knowingly collect personal information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe they have disclosed personal information to us please contact us at [email protected]. For residents of the EEA, where processing of personal information is based on consent, Orbx will not knowingly engage in that processing for users under the age of consent established by applicable data protection law. If we learn that we are engaged in that processing with such users, we will halt such processing and will take reasonable measures to promptly remove applicable information from our records.

Security

If a security breach causes an unauthorized intrusion into our system that materially affects you, then Orbx will notify you as soon as possible and later report the action we took in response.

We take reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Information.

Orbx accounts require an email and password to log in. You must keep your username and password secure, and never disclose it to a third party.

Data retention

We generally retain personal data for so long as it may be relevant to the purposes identified herein. To dispose of personal data, we may anonymize it, delete it or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.

Your rights

If you meet the legal requirements, you have the following legal rights under the GDPR: right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing and to processing for the purposes of direct marketing. You can also unsubscribe from our emails using the “unsubscribe” link at the bottom of one of our emails.

To exercise any of these rights, please email us at [email protected]. Please make sure you clearly state you are exercising one of these rights.

Changes to our Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any information. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Contacting us

Please also feel free to contact us if you have any questions about this Privacy Policy or the information practices of the Services. You may contact us as follows: [email protected].