Terms of Use

Preamble

By logging on to myControl.aero from AVIONIS GMBH, users accept the following General Terms and Conditions (hereinafter the “GTC”) for using Services from AVIONIS GMBH. AVIONIS GMBH (AVIONIS) operates services under various top-level domains (avionis.ch, mycontrol.aero, etc.), as well as various sub-domains and aliases of these domains. All websites on which AVIONIS provides AVIONIS Services are hereinafter referred to as “AVIONIS Websites.” These GTC shall govern the contract relationship between the User and AVIONIS, irrespective of which AVIONIS Website the User is registered with or logged on to. The User enters into this agreement on the use of AVIONIS Services with AVIONIS GmbH, unter der Egg 5, 6004 Luzern. The User can call up, print out, download and or save these General Terms and Conditions at any time, even after the agreement has been closed, under the “Terms & Conditions” link that appears on all AVIONIS Websites.

1. Subject Matter

1.1 The AVIONIS Websites offer registered users an online portal to log and manage flights.

1.2 Details about the applicable fees for the Membership are set forth on the AVIONIS Websites. The fees listed are binding. Payment can be made using the various Pay Pal options. If AVIONIS is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs. AVIONIS may deliver invoices and payment reminders to the User by email.

1.3 Any use of the services and contents offered on the AVIONIS Websites beyond the scope of options provided by AVIONIS requires the prior written consent of AVIONIS.

1.4 AVIONIS shall only make data and/or information provided by the User available for other uses provided that this data and/or information does not violate any laws or these GTC. AVIONIS is entitled to remove any illegal or prohibited data and/or information from AVIONIS Websites without prior notice to the User.

1.5 The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the AVIONIS Websites. AVIONIS shall nonetheless endeavour to keep AVIONIS Websites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond AVIONIS's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on AVIONIS Websites.

2. Registration, and Representations and Warranties upon Registration

2.1 The User must register prior to using any of the services on the AVIONIS Websites.

2.2 The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to AVIONIS without undue delay.

The User shall not use pseudonyms or pen names.

2.3 The User warrants and represents that he or she is of legal age at the time of registration.

2.4 The User shall choose a password upon registration. The User is obliged to keep this password secret. AVIONIS shall not disclose the password to any third party and AVIONIS shall not ask for the User's password at any time.

2.5 By completing the registration process, the User consents to enter the agreement to use the services of the AVIONIS Websites. AVIONIS accepts this offer by activating the membership for the use of services on AVIONIS Websites. The agreement takes effect with the aforementioned acceptance by AVIONIS.

2.6 Each User is entitled to register with AVIONIS only once, and the User may only establish one (1) user profile.

3. Obligations of the User

3.1 The User is obliged,

3.1.1 To take the full responsibility of his actions. The users is responsable that he is in line with other regulations.

3.1.2 To comply with all applicable legislation, and respect all third-party rights. In Particular, the User shall not use any insulting or defamatory contents, regardless of whether said contents are directed at another user or AVIONIS personnel or other companies.

Use any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors.

Unreasonably annoy (particularly with spam) any other user.

Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.

3.2 The User is prohibited from the following:

Employing any mechanisms, software or scripts when using AVIONIS Websites. However, the User may use the interfaces or software provided by AVIONIS within the scope of the services available on the AVIONIS Websites.

Blocking, overwriting, modifying and copying of any contents of the AVIONIS Websites, unless said actions are necessary for the proper use of the services on the AVIONIS Websites. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the services, and is therefore prohibited.

Distributing or publicly disclosing the contents of any of the Websites of AVIONIS or any other user.

Performing any actions which may impair the operability of AVIONIS's infrastructure, particularly actions which may overload said infrastructure.

4. Changes to the Services on AVIONIS Websites

AVIONIS reserves the right to modify the services offered on the AVIONIS Websites and/or to offer services different from those offered at the time of the User's registration at any time, unless this is unreasonable for the User.

5. Term and Termination of Membership, Reimbursement of Advance Payments

5.1 Membership shall run for the period selected by the user when purchasing the membership. After this term, the membership will be extended by a term of the same length as the original term, unless terminated in due time by the User or AVIONIS. The User and AVIONIS may each terminate without cause Premium membership to the end of the initial term chosen by the User in the course of the registration process, or to the end of any renewal period after said minimum term expires, by giving notice of fourteen (14) business days. The User may deliver notice of termination using the contact form available on all AVIONIS Websites. Furthermore, both the User and AVIONIS may deliver termination by sending a fax or letter. The termination notice shall include the username of the User and an email address of the User registered on the AVIONIS Websites.

5.3 A good cause is defined as an event which makes it unacceptable for AVIONIS to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of AVIONIS against the User's.

5.4 In the event of a good cause in accordance with section 5.3 and notwithstanding AVIONIS's right to terminate the contract in accordance with section 6.3, AVIONIS is entitled to:

Delete the contents posted by the User

Issue a warning, or

Block the User's access to the services on the AVIONIS Websites.

5.5 In the following cases, the User shall not be entitled to claim reimbursement of any advance payments:

If AVIONIS has terminated the contract for good cause pursuant to section 5.3,

If AVIONIS has blocked the User’s access in accordance with section 5.4, or

If the User has terminated the agreement. However, the User's right to claim reimbursement of any advance payments shall not be excluded in this case if the User has terminated the agreement for a good cause attributable to AVIONIS.

6. Responsibility for the User’s Content, Data or other Information

7.1 AVIONIS does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the AVIONIS Websites or on any external websites linked to them. In particular, AVIONIS does not warrant or represent that said data and/or information is true or accurate, or that it fulfills or serves any particular purpose.

7. Customer Service/Support

Queries regarding agreement with AVIONIS or regarding AVIONIS Services can be sent by the customer to AVIONIS using the contact form available at all times on all AVIONIS Websites, or by sending a fax or letter.

8. Liability of AVIONIS

Whatever the legal grounds, liability for damage claims based only on ordinary negligence against AVIONIS (including its vicarious agents) shall exist only if AVIONIS breaches a basic/cardinal obligation under this agreement. A cardinal obligation is an obligation the User can expect to be met, and which fulfillment is a prerequisite to the ordinary execution of the contract. In this event, the amount of claims are limited to typical and foreseeable damages.

9. Indemnity

9.1 The User shall indemnify and exempt AVIONIS from all actions, including damage claims, asserted by other users or third parties against AVIONIS resulting from an infringement of their rights by the contents posted by the User on AVIONIS Websites. Furthermore, the User shall indemnify and exempt AVIONIS from all actions, including damage claims, asserted by other users or third parties against AVIONIS resulting from an infringement of their rights regarding the use of the services on AVIONIS Websites by the User. The User assumes all reasonable costs AVIONIS incurs due to an infringement of third party rights, including all reasonable legal defense costs. All other rights, including damage claims by AVIONIS, are hereby unaffected. The User has the right to prove that AVIONIS incurred lesser charges than claims made.

The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement.

9.2 In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at AVIONIS's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of AVIONIS Websites, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by AVIONIS.

10. Final Provisions

10.1 These GTC and any amendments thereto must be in writing to be valid. No secondary agreements exist.

10.2 AVIONIS reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. AVIONIS shall give due notice of any amendments of these GTC to the User. If the User does not object to the applicability of the revised GTC within six (6) weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the User. AVIONIS shall inform the User about the User's right to object and of the relevance of the objection deadline in said notice.

10.3 Unless otherwise stated in these GTC, the User may submit all notices to AVIONIS using the contact form provided on each of the AVIONIS Websites, or by letter or fax. AVIONIS may send notices to the User by email, fax or post to the addresses given in the User’s current contact data in his or her user account.

10.4 If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

10.5 The place of performance under these GTC shall be AVIONIS's main place of business.

10.6 Place of jurisdiction for merchants within the scope of the Swiss Commercial Code (OR) shall be the main place of business of AVIONIS.

10.7 These GTC and the contractual relationship shall be governed by Swiss Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by Swiss Law.

Privacy policy

1. Introduction

1.1 We are committed to safeguarding the privacy of our website visitors and service users.

1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.

1.3 By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

1.4 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information. You can access the privacy controls via https://mycontrol.aero/preferences.

1.5 In this policy, "we", "us" and "our" refer to AVIONIS GmbH. For more information about us, see Section 12.

2. Credit

2.1 This document was created using a template from Docular (https://docular.net).

3. How we use your personal data

3.1 In this Section 3 we have set out:

(a) the general categories of personal data that we may process;

(b) the purposes for which we may process personal data; and

(c) the legal bases of the processing.

3.2 We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.

3.3 We may process your account data ("account data"). The account data may include your name and email address. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

3.4 We may process your information included in your personal profile on our website ("profile data"). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, educational details and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

3.5 We may process your personal data that are provided in the course of the use of our services ("service data"). The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

3.6 We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

3.7 We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.

3.8 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.

3.9 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.

3.10 We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

3.11 We may process other kinds of data. This data may be processed for service related purposes. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

3.12 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

3.13 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

3.14 In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

3.15 Please do not supply any other person's personal data to us, unless we prompt you to do so.

4. Providing your personal data to others

4.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.

4.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4.3 We may disclose categories of personal to our suppliers or subcontractors insofar as reasonably necessary for service related purposes.

4.4 Financial transactions relating to our website and services may be handled by our payment services provider Stripe. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at www.stripe.com

4.5 We may disclose your enquiry data to one or more of those selected third party suppliers of goods and services identified on our website for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services.

4.6 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

5. International transfers of your personal data

5.1 In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

5.2 We and our other group companies have offices and facilities in Switzerland. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely in accordance with Swiss data protection laws.

5.3 The hosting facilities for our website are situated in Switzerland. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely in accordance with Swiss data protection laws.

5.4 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

6. Retaining and deleting personal data

6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6.3 We will retain your personal data as follows:

(a) personal data will be retained for a minimum period of three months following the date of registration, and for a maximum period of three months following after the deletion of the user account.

6.4 In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:

(a) the period of retention of personal data will be determined based on best user interest.

6.5 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

7. Amendments

7.1 We may update this policy from time to time by publishing a new version on our website.

7.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

7.3 We may notify you of changes to this policy by email or through the private messaging system on our website.

8. Your rights

8.1 In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

8.2 Your principal rights under data protection law are:

(a) the right to access;

(b) the right to rectification;

(c) the right to erasure;

(d) the right to restrict processing;

(e) the right to object to processing;

(f) the right to data portability;

(g) the right to complain to a supervisory authority; and

(h) the right to withdraw consent.

8.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

8.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

8.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

8.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

8.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

8.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

8.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

8.10 To the extent that the legal basis for our processing of your personal data is:

(a) consent; or

(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

8.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

8.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8.13 You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 8.

9. About cookies

9.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

9.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

9.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

10. Cookies that we use

10.1 We use cookies for the following purposes:

(a) authentication - we use cookies to identify you when you visit our website and as you navigate our website (cookies used for this purpose are: [identify cookies]);

(b) status - we use cookies to help us to determine if you are logged into our website;

(c) personalisation - we use cookies to store information about your preferences and to personalise the website for you;

(d) security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;

(e) analysis - we use cookies to help us to analyse the use and performance of our website and services; and

(f) cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally.

11. Managing cookies

11.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);

(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);

(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e) https://support.apple.com/kb/PH21411 (Safari); and

(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

11.2 Blocking all cookies will have a negative impact upon the usability of many websites.

11.3 If you block cookies, you will not be able to use all the features on our website.

12. Our details

12.1 This website is owned and operated by AVIONIS GmbH.

12.2 We are registered in Switzerland under registration number CHE-114.825.740, and our registered office is at Unter der Egg 5, 6004 Luzern.

12.3 Our principal place of business is at Unter der Egg 5, 6004 Luzern.

12.4 You can contact us:

(a) by post, to the postal address given above;

(b) using our website contact form;

(c) by telephone, on the contact number published on our website from time to time; or

(d) by email, using the email address published on our website from time to time.

13. Data protection officer

13.1 Our data protection officer's contact details are: Fabian Reinhard, fabian.reinhard@avionis.ch.

Luzern, 13.4.2018

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