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Positive Control Network Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. This Policy will explain to you how POSCON collect, uses, protects or otherwise handles your Personally Identifiable Information in accordance with our website and services.

Information covered in this Policy:

1.    What data do we collect?
2.    How do we collect your data?
3.    How will we use your data?
4.    What kinds of communications will you receive?
5.    What choices do you have regarding the collection, use, and distribution of your personal information?
6.    How do we store your data?
7.    What are your data protection rights?
8.    What do you do if you want to correct or delete your personal information?
9.    What are cookies?
10.    How do we use cookies?
11.    What types of cookies do we use?
12.    California Privacy Rights
         
a.    California Privacy Rights for Minors
13.    What about children?
          a.    Children Under 13
          b.    Note to Parents from POSCON
14.    Privacy Policies of Other Websites
15.    Changes to POSCON’s Privacy Policy
16.    How to contact POSCON?
17.    How to contact the appropriate authorities?
18.    What happens if there is a data breach?

1. What data do we collect?
POSCON collects the following data:
          •    Your first and last name;
          •    Your email address;
          •    Your location, if you choose to provide one;
          •    Your date of birth;
          •    Your IP address when you connect to POSCON;
          •    Your POSCON password;
          •    Anonymized hardware statistics;
          •    A unique ID tied to your computer to help us identify you on the network;
          •    Your network usage history including voice recordings;
          •    Any feedback that you provide;
          •    Administrative notes made on your account;

2. How do we collect your data?
You directly provide POSCON with the vast majority of the data we collect. We collect data and process data when you do the following:
          •    Register with POSCON;
          •    Request any services from POSCON;
          •    Voluntarily complete surveys or provide feedback on any of our forums or via email;
          •    Post on any one of our forums;
          •    Use or view our website via your browser’s cookies;
          •    Fly on the POSCON Network;
          •    Contact any POSCON staff member;
          •    When POSCON administrators and staff leave comments on your account;
          •    When you provide feedback to POSCON;
          •    When you log on to the POSCON HQ;
          •    When you connect to POSCON;

3. How will we use your data?
POSCON collects your data so that it can:
          •    Provide you with online simulated air traffic control and multiplayer traffic services;
          •    Contact you with news regarding the POSCON Network;
          •    Contact you with news regarding the flight simulation world, inclusive of updates to Lockheed Martin Prepar3D, Microsoft Flight Simulator (X, X Steam Edition, 2020), and Laminar Research X-Plane;
          •    Track your flight and ATC activity on the POSCON Network;
          •    Provide you with POSCON ATC ratings;
          •    Provide you with POSCON Pilot ratings.

POSCON does not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless POSCON provides you with advance notice. This does not include website hosting partners and other parties who assist POSCON in operating its website, conducting its business, or serving its users, so long as those parties agree to keep this information confidential. POSCON may also release information when it's release is appropriate to comply with the law, enforce its site policies, or protect its or others' rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Google
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

POSCON uses Google AdSense Advertising on its website. Google, as a third-party vendor, uses cookies to serve ads on POSCON’s site. Google's use of the DART cookie enables it to serve ads to POSCON’s users based on previous visits to its site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

4. What kinds of communications will you receive?
POSCON Network Updates
POSCON will send you regular information on its services, network updates, events, and other pertinent news and promotions. Out of respect for your privacy, we present the option not to receive these types of communications. Please the “Choice” section, which is Section 5 of this Policy.

Training-related Announcements
POSCON will send you information concerning your ATC and/or Pilot training related activities. This includes notifications for your mentoring programs, examinations, examination results, comments from your POSCON division staff, tips and tricks, and other advice related to your rank advancement.

Customer Service
Based upon the personally identifiable information you provide POSCON, POSCON will send you a welcoming email to verify your username and password. POSCON will also communicate with you in response to your inquiries, to provide simulated air traffic control and multiplayer traffic services, and to manage your account. POSCON will communicate with you via email, through the HQ messaging system, through our forums, or directly through the network.

Additional Essential Communications
POSCON will also send you notifications via Email, in addition to website push notifications, that will include mandatory briefing items from the network that are non-marketing in nature. 

The CANSPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

POSCON collects your email address in order to send you POSCON Network Updates, provide you with Training-related Announcements, provide you with Customer Service, and send you Additional Essential Communications

To be in accordance with CAN SPAM, POSCON agrees to the following:

          •    Not use false or misleading subjects or email addresses
          •    Identify the message as an advertisement in some reasonable way
          •    Include the physical address of our business or site headquarters
          •    Monitor third-party email marketing services for compliance, if one is used
          •    Honor opt-out/unsubscribe requests quickly
          •    Allow you to unsubscribe by using the link at the bottom of each email

If at any time you would like to unsubscribe from receiving future emails, follow the instructions at the bottom of each email and POSCON will promptly remove you from ALL non-essential correspondence.

5. What choices do you have regarding the collection, use, and distribution of your personal information?
POSCON allows you to control the way that we use personally identifying information that we might obtain. At the time you provide personal information, POSCON may give you the option of declining any future offers or information about new products, promotions, or services. In addition, many of the "communications" POSCON may send you, such as newsletters, have procedures within them to cancel the receipt of any future mailings. Lastly, you may be given the opportunity to "opt-out" of certain features or functionality. See the applicable feature's FAQ or information page for more details.

Your browser may allow you to set a Do Not Track (DNT) signal indicating that you do not wish your online activity to be tracked. Currently, POSCON’s system does not support and cannot act on DNT signal headers that it may receive. However, the choices that POSCON provides you concerning the collection and use of your personal information will continue to operate as described in this Privacy Policy.

CalOPPA
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. To learn more, please visit http://consumercal.org/california-online-privacy-protection-act-caloppa/

According to CalOPPA, POSCON agrees to the following:

          •    You can visit our site anonymously.
          •    You will be notified of any Privacy Policy changes:
          •    On POSCON’s Privacy Policy Page
          •    You can change your personal information by emailing POSCON or by logging in to your account

6. How do we store your data?
POSCON securely stores your data on the Google Cloud Platform, located in datacenters across the globe. All data is encrypted at rest, and all reasonable security precautions are taken to prevent data exfiltration, by following best practices of the systems we use. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

POSCON’s website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to the POSCON site as safe as possible. POSCON also uses regular Malware Scanning.

POSCON implements a variety of security measures when you place a request, enter, submit, or access your information to maintain the safety of your personal information.

POSCON will keep the data you provide in Section 1 of this Policy until you no longer wish to use POSCON’s services and request that your data be removed, or if POSCON terminates your account for failure to abide by the POSCON User Agreement. Once you have requested that your data be deleted, or if POSCON terminates your account for failure to abide by the POSCON User Agreement, we will delete your data by removing it entirely from POSCON’s servers.

However, due to legal reporting requirements, local law, and to ensure non-interruption of service, POSCON may keep an offline and secure backup of all network data.

7. What are your data protection rights?
POSCON would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

          •    The right to access - You have the right to request POSCON for copies of your personal data. We may charge you a small fee for this service, if applicable.

          •    The right to rectification - You have the right to request that POSCON correct any information you believe is inaccurate. You also have the right to request POSCON to complete information you believe is incomplete.

          •    The right to erasure - You have the right to request that POSCON erase your personal data, under certain conditions.

          •    The right to restrict processing - You have the right to request that POSCON restrict the processing of your personal data, under certain conditions.

          •    The right to object to processing - You have the right to object to POSCON’s processing of your personal data, under certain conditions.

          •    The right to data portability - You have the right to request that POSCON transfer the data that we have collected to another organization, or directly to you, under certain conditions.

In most cases, we have automated the ability to exercise these rights through the POSCON user profile settings page; however, if the right you wish to exercise is not automated, please contact us at our email: [email protected]poscon.net or write to us at:

Positive Control LLC
Attention: Privacy Policy Administrator
2803 Philadelphia Pike, Ste. 101
Claymont, DE 19703

If you make a request via email or regular mail, we have one month to respond to you from the time of receipt.

8. What do you do if you want to correct or delete your personal information?
If for any reason you are concerned with the way we are using your personal information, or would like to correct or request that we delete such personal information, please first attempt to use our automated tools located on the POSCON user profile settings page. If you are unable to find a solution there, please contact us at our email: [email protected]poscon.net or write to us at:

Positive Control LLC
Attention: Privacy Policy Administrator
2803 Philadelphia Pike, Ste. 101
Claymont, DE 19703

If you make a request via email or regular mail, we have one month to respond to you from the time of receipt.

In some cases, we may not be able to delete your personal information and will retain and use our information as long as necessary to comply with our legal obligations, resolve disputes, and/or enforce our agreements.

Please note that the deletion of your data will lead to the termination of your account and all applicable services.

9. What are cookies?
Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit POSCON’s websites, POSCON may collect information from you automatically through cookies or similar technology.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.

For further information, visit https://www.allaboutcookies.org/.

10. How do we use cookies?
POSCON uses cookies in a range of ways to improve your experience on POSCON’s website and network, including:

          •    Keeping you signed in;
          •    Understanding how you use POSCON’s website;
          •    Authenticating you into various POSCON services.

11. What types of cookies do we use?
There are several different types of cookies used on the Internet today. Our website uses the following:

          •    Functionality – POSCON uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.
          •    Advertising – POSCON uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed, and information about your browser, device, and your IP address. POSCON sometimes shares limited aspects of this data with third parties for advertising purposes. POSCON may also share online data collected through cookies with its advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on POSCON’s website.

12. California Privacy Rights
Under California law, POSCON’s users that are California residents may request certain information regarding our disclosure of their personal information to third parties for direct marketing purposes. As detailed above, POSCON does not share its users’ personal information with any third parties for direct marketing purposes without their approval.

If at any time you do not wish to have your personal information shared with third parties and/or receive information from POSCON (via e-mail) about new products, services, or promotions, you can opt-out by visiting your POSCON user profile settings page and updating your preferences. You may also contact us at our email: [email protected]poscon.net or write to us at:

Positive Control LLC
Attention: Privacy Policy Administrator
2803 Philadelphia Pike, Ste. 101
Claymont, DE 19703

Please indicate what publications or services you no longer wish to receive so that POSCON may better address your needs.

          a.    California Privacy Rights for Minors
California residents under the age of 18 have the right to remove, or request the removal of, content or information they have posted to the message boards or forums. This request can be made by contacting us at our email: [email protected]poscon.net or write to us at:

POSCON Privacy Policy
Attention: Privacy Policy Administrator
Positive Control LLC
2803 Philadelphia Pike, Ste. 101
Claymont, DE 19703

Please again be advised that any information posted to the message boards or forums is publicly viewable. POSCON strongly recommend that all users avoid posting personal or sensitive information at any time.

Please note that residual copies of content and/or information that have been deleted may remain on POSCON’s backup servers. POSCON is not required to remove posted content or information if it has been rendered anonymous or if it is required by law to retain it. Additionally, POSCON does not have control over third parties (e.g., other users) who may have copied or reposted the content or information.

13. What about children?
When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online. POSCON does not specifically market to children under the age of 13 years old.

          a.    Children Under 13
Once a child states that his/her age is under 13, they will be unable to register an account with POSCON and if the account already exists on our servers, it will be deleted. POSCON does not knowingly collect or store any personally identifiable information from children under 13. If parents believe that POSCON may have unintentionally collected their children’s personal information, they may request the deletion of the information by contacting POSCON at our email: [email protected]poscon.net or writing us at:

Positive Control LLC
Attention: Privacy Policy Administrator
2803 Philadelphia Pike, Ste. 101
Claymont, DE 19703

To learn more, please see the POSCON Minor’s Policy at http://forums.poscon.net/policies/minors/.

          b.    A Note to Parents from POSCON
POSCON recognizes a special obligation to protect personal information about young children. POSCON urges parents to instruct their children to never give out their real names, addresses, or phone numbers without permission when on-line. Teenagers under the age of 16 and over the age of 13 should encourage their parents to review this policy and to contact POSCON if they would like to evoke our opt-out policy or to raise any concerns.

14. Privacy Policies of Other Websites
POSCON’s website contains links to other websites. POSCON’s privacy policy applies only to the POSCON website, so if you click on a link to another website, you should read their privacy policy.

15. Changes to POSCON’s Privacy Policy
POSCON keeps its privacy policy under regular review and places any updates on this web page. This privacy policy was last updated on 15 January 2020.

16. How to contact POSCON?
If you have any questions about POSCON’s privacy policy, the data POSCON holds on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact POSCON.

Email us at:
[email protected]poscon.net

Positive Control LLC
Attention: Privacy Policy Administrator
2803 Philadelphia Pike, Ste. 101
Claymont, DE 19703

17. How to contact the appropriate authorities?
Should you wish to report a complaint or if you feel that POSCON has not addressed your concern in a satisfactory manner, you may contact the Information Commissioner's Office for your specific country.

18. What happens if there is a data breach?
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

          •    POSCON will notify you via email within one (1) business day
          •    POSCON will also notify all users via the in-site notifications system within one (1) business day

POSCON also agrees to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

 

POSCON, 2803 Philadelphia Pike, Ste 101, Claymont, Delaware, 19703

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