Privacy Policy

Last Updated: January 2, 2021

We, ITOCHU Corporation (“ITOCHU”), recognizes that it is our social responsibility to properly manage and protect personal information that is provided to us, such as names, addresses and other information of individuals, which could allow specific individuals to be identified. This Privacy Policy describes how ITOCHU processes personal information that we collect through the SimShare Platform.

1. Definitions

Undefined terms in this Privacy Policy have the same definition as in our Terms of Service (“Terms”).

2. Personal information we collect

2.1 Information needed to use the SimShare Platform

We collect personal information about you when you use the SimShare Platform. Without it, we may not be able to provide you with all services requested. This information includes:

• Contact Information, Account, Profile Information. Such as your first name, last name, phone number, postal address, and email address, some of which will depend on the features you use.
• Payment Information. Such as bank account or payment account information.

2.2 Information you choose to give us

You can choose to provide us with additional personal information. This information may include:

• Additional Profile Information. Such as city, county, nationality, and personal description. Some of this information as indicated in your account settings is part of your profile page and will be visible to other Users.
• Other Information. Such as when you fill in a form, add information to your account, communicate with our customer support team and other Users.

2.3 Information automatically collected by using the SimShare Platform and our Payment Services

When you use the SimShare Platform and Payment Services, we automatically collect personal information. This information may include:

• Geo-location Information. Such as precise or approximate location determined from your IP address depending on your device settings. We may also collect this information when you are not using the app if you enable this through your settings or device permissions.
• Usage Information. Such as the pages or content you view, searches for listings, bookings you have made, and other actions on the SimShare Platform.
• Log Data and Device Information. Such as details about how you have used the SimShare Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you have viewed or engaged with before or after using the SimShare Platform. We may collect this information even if you have not created a SimShare account or logged in.
• Cookies and Similar Technologies as described in our Cookie Policy.
• Payment Transaction Information. Such as payment instrument used, date and time, payment amount, and other related transaction details.

3. How we use information we collect

3.1 Provide, improve, and develop the SimShare Platform. We use personal information to:

• enable you to access the SimShare Platform and make and receive payments,
• enable you to communicate with other Users,
• perform analytics, debug and conduct research,
• provide customer service,
• send you messages, updates, security alerts, and account notifications, and
• personalize and customize your experience based on your interactions with the SimShare Platform, your search and booking history, your profile information and preferences, and other content you submit.

3.2 Create and maintain a trusted and safer environment. We use personal information to:

• detect and prevent fraud, spam, abuse, security and safety incidents, and other harmful activity,
• conduct security investigations and risk assessments,
• verify or authenticate information provided by you,
• conduct checks against databases and other information sources,
• comply with our legal obligations,
• resolve disputes with our Users,
• enforce our agreements with third parties,
• comply with law, respond to legal requests, prevent harm and protect our rights (see section 4.5), and
• enforce our Terms and other policies.

3.3 Provide, personalize, measure, and improve our advertising and marketing. We may use personal information to:

• send you promotional messages, marketing, advertising, and other information based on your preferences and social media advertising through social media platforms,
• personalize, measure, and improve our advertising,
• administer promotional activities or events sponsored or managed by ITOCHU or its third-party partners,
• analyze characteristics and preferences to send you promotional messages, marketing, advertising and other information that we think might be of interest to you, and
• invite you to events and relevant opportunities.

3.4 Provide Payment Services. Personal information is used to enable or authorize third parties to use Payment Services:

• Detect and prevent money laundering, fraud, abuse, security incidents,
• Conduct security investigations and risk assessments,
• Comply with legal obligations (such as anti-money laundering regulations),
• Enforce the payment terms and other payment policies, and
• Provide and improve the Payment Services.

4. Sharing and disclosure

4.1 Sharing with your consent or at your direction

Where you provide consent, we share your information as described at the time of consent, such as when authorizing a third-party application or website to access your SimShare account or participating in promotional activities by SimShare partners or third parties.

Where permissible with applicable law, we may use certain information about you, such as your email address, de-identify it, and share it with social media platforms, to generate leads, drive traffic to SimShare or otherwise promote our products and services.

4.2 Sharing between Users

To help facilitate bookings or other interactions between Users, we may need to share certain information such as:

• When a booking request is made or dispute is submitted, certain information may be shared between Buyer(s) and Seller(s), including profile, name, cancellation history, review information, dispute outcome (when applicable) and other information you choose to share and submit. When a booking is confirmed, additional information is shared to assist with coordinating the Flight Simulator training, like phone number. When you as a Seller have a confirmed booking, certain information is shared with the Buyer to coordinate the booking, such as your full name, phone number, and Listing address.

4.3 Information you publish in profiles, Listings, and other public information

You can make certain information publicly visible to others, such as:

• Your public profile page, which includes your profile photo, name, description, city and country, and
• Listing pages that include information such as the Flight Simulator’s approximate or precise location description, calendar availability, profile photo, and additional information you choose to share.

We may display parts of your public profile and other Content you make available to the public like Listing details on third-party sites, platforms and apps.

Information you share publicly on the SimShare Platform may be indexed through third-party search engines. In some cases, you may opt-out of this feature in your account settings.

4.4 Seller service providers

Sellers may use third-party services to help manage or deliver their services, such as accommodation or transportation services. Sellers may use features on the SimShare Platform to share information about the Buyer (like start and end dates, Buyer name, Buyer phone number) with such third-party service providers.

4.5 Complying with law, responding to legal requests, preventing harm and protecting our rights

We may disclose your information to courts, law enforcement, governmental or public authorities, tax authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or where disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with a valid legal request or to respond to claims asserted against ITOCHU, (iii) to respond to a valid legal request relating to a criminal investigation to address alleged or suspected illegal activity, or to respond to or address any other activity that may expose us, you, or any other of our users to legal or regulatory liability, (iv) to enforce and administer our agreements with Users, or (v) to protect the rights, property or personal safety of ITOCHU, its employees, SimShare Users, or members of the public. For example, if permitted due to the forgoing circumstances, Seller tax information may be shared with tax authorities or other governmental agencies.

Where appropriate, we may notify Users about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon or harm to ITOCHU, SimShare Users, or expose ITOCHU to a claim of obstruction of justice.

For jurisdictions where ITOCHU facilitates the collection and remittance of Taxes where legally permissible according to applicable law, we may disclose Sellers’ and Buyers’ information about transactions, bookings, Taxes to the applicable tax authority, such as Seller and Buyer names, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received (or due) by Sellers from Buyers, and contact information.

In jurisdictions where ITOCHU facilitates or requires a registration, notification, permit, or license application of a Seller with a local governmental authority through ITOCHU in accordance with local law, we may share information of participating Sellers with the relevant authority, both during the application process and, periodically thereafter, such as the Seller’s full name and contact details, address, tax identification number, Listing details, and amount of Flight Simulator time booked.

4.6 Service providers

We may share personal information with affiliated and unaffiliated service providers to help us run our business, including service providers that help us: (i) perform product development, maintenance and debugging, (ii) allow the provision of the SimShare services through third-party platforms and software tools (e.g. through the integration with our APIs), (iii) provide customer service, advertising, or payments services, (iv) process, handle or assess claims. These providers are contractually bound to protect your personal information and have access to your personal information to perform these tasks.

5. Other important information

5.1 Analyzing your communications

We may review, scan, or analyze your communications on the SimShare Platform for reasons outlined in the “How we use information we collect” section of this policy, including fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, analytics, enforcing our Terms of Service, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other sites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. Occasionally we may need to manually review communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your messaging communications to send third-party marketing messages to you and we will not sell reviews or analyses of these communications.

5.3 Third-party partners & integrations

Parts of SimShare may link to third-party services, not owned or controlled by ITOCHU, such as Google Maps/Earth. Use of these services is subject to the privacy policies of those providers, such as Google Maps/Earth Additional Terms of Use, and Google Privacy Policy. ITOCHU does not own or control these third parties and when you interact with them you are providing your information to them.

6. Your rights

You can exercise any of the rights described in this section consistent with applicable law. Please note that we may ask you to verify your identity and request before taking further action on your request.

6.1 Managing your information

You can access and update some of your personal information through your account settings. You are responsible for keeping your personal information up to date.

6.2 Data access and portability

In some jurisdictions, applicable law may entitle you to request certain copies of your personal information or information about how we handle your personal information, request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format, and/or request that we transmit this information to another service provider (where technically feasible).

6.3 Data erasure

In certain jurisdictions, you can request that your personal information be deleted. Please note that if you request the erasure of your personal information:

• We may retain your personal information as necessary for our legitimate business interests, such as prevention of money laundering, fraud detection and prevention, and enhancing safety. For example, if we suspend a SimShare account for fraud or safety reasons, we may retain information from that SimShare account to prevent that User from opening a new SimShare account in the future,
• We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, ITOCHU may keep information for tax, legal reporting and auditing obligations, and
• Because we take measures to protect data from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

7. Security

While no organization can guarantee perfect security, we are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration.

8. Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time in accordance with applicable law. If we do so, we will post the revised Privacy Policy and update the “Last Updated” date at the top. In case of material changes, we will also provide you with notice of the modification by email at least thirty (30) days before the effective date. If you disagree with the revised Privacy Policy, you can cancel your account. If you do not cancel your account before the date the revised Privacy Policy becomes effective, your continued access to or use of the SimShare Platform will be subject to the revised Privacy Policy.

9. Contact information

For questions or concerns about this Privacy Policy or ITOCHU’s handling of personal information, please email us at info@simshare.aero.