SMARTSKY NETWORKS™ WEBSITE PRIVACY POLICY

SmartSky Networks, LLC, its affiliates, web site developers, distribution and promotional partners (“SmartSky”) takes your privacy rights very seriously. This Privacy Policy informs you of the types of information that SmartSky collects. It also provides you with information about SmartSky’s policies and practices relating to collection, use, and disclosure of that information through the SmartSky web pages at the following URL: www.smartskynetworks.com by whatever technology accessed (e.g., computer, smartphone, tablet) in conjunction with the services provided by SmartSky to its customers over its proprietary private network (collectively the “Services”).

When you use the Services, you are acknowledging that you understand and agree to the terms of SmartSky’s Privacy Policy. SmartSky’s Terms of Use Agreement governs your use of the Services and information that you submit to the Site and related web pages.

Information Collected On SmartSky Web Site

Personal Information You Provide to SmartSky
You may decide to provide information that could reasonably be used to contact you or to identify you personally (such as your name, user name and password for you SmartSky account, email address, phone numbers (collectively, “Personal Information”)).

Information Collected through Automated Methods
Whenever you use the Services, SmartSky, as well as contractors, subcontractors and vendors, may use different technologies that automatically or passively collect information about how the Services are accessed and used (“Usage Information”). Usage Information may include, in part, browser type, operating system, the page served, the time, and the preceding page views. This statistical data provides SmartSky with information about the use of its web site. SmartSky may also collect technical information about use of the Services, including, but not limited to, orders, order information, online ordering tools, equipment installs, inventory, historical data usage in flight, information contained in company core data (“CCD”), online return material authorization (“RMA”), quality management tools and invoicing information. SmartSky distribution partners, their dealers and original equipment manufacturers (“OEMs”) may be provided with access to this technical information, if authorized and upon written request. Customers may access their own technical information if authorized. Usage Information generally does not identify the customer. When it identifies a SmartSky customer, it is treated as Personal Information by SmartSky.

In connection with voice services, SmartSky may collect call detail records (“CDR”), which may include information about the numbers you call, when you call them, and the length of those calls.

SmartSky may also collect Customer Proprietary Network Information (“CPNI”), which includes the time, date, duration and destination number of each call, as well as the particular services you use.

Device Identifier
As part of the process of collecting Usage Information, SmartSky automatically collects your IP address, MAC Address or other unique identifier (“Device Identifier”) for the computer, smartphone, other mobile device, Wi-Fi card, technology or other device (collectively, “Device”) you use to access and utilize the Services. A Device Identifier is a number that is automatically assigned to your Device when you access a web site or its servers. SmartSky’s computers identify your Device by its Device Identifier. When you visit the Site, SmartSky may view your Device Identifier. SmartSky then uses this information to determine the geographical location of your Device which permits SmartSky to analyze and understand from what areas of the world the visitors to the Site come. We may use this information to associate your Device Identifier with your Personal Information or to improve the Site’s performance and content. The technologies used on the Sites to collect Usage Information, including Device Identifiers, may include, among other technologies, cookies and web beacons.

Cookies
Cookies constitute data files placed on a Device when it is used to visit the Site or access the Services. There are two types of cookies that SmartSky may use: Session Cookies expire once you close your web browser); Persistent Cookies (which stay on your computer until you delete them). SmartSky may use Cookies to collect and store information about your Account. Cookies will allow SmartSky to select certain advertisements and offers that may appeal to you and display them while you are using the Services. Cookies can enhance your online experience by saving your preferences while you are visiting a particular web site.

Nearly all browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) to set your browser to automatically reject cookies. If you disable or reject cookies, some features and services on the Site may not work properly because SmartSky may not be able to recognize and associate you with your SmartSky Account.

Nearly all browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) to set your browser to automatically reject cookies. If you disable or reject cookies, some features and services on the Site may not work properly because SmartSky may not be able to recognize and associate you with your SmartSky Account.

Web Beacons
SmartSky may include web beacons (also called Internet tags, pixel tags, tracking beacons and clear GIFs) with the content and ads that SmartSky delivers to you. SmartSky will use web beacons to gather information regarding your interaction with such content and ads. A web beacon is a transparent graphic image placed on a web page or in an email, which indicates that a page or email has been viewed or that an email has been forwarded. Web beacons also allows third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. A web beacon may also instruct your browser to get content from another server.

How SmartSky Uses the Information Collected

SmartSky uses information it collects concerning you for different business purposes. These include by way of example to provide the Services to you, improve the Services, respond to requests that you make, and to better tailor the content, advertisements, offers, features, performance, and support of the Services; and for other purposes disclosed at the time you provide your Personal Information or otherwise with your consent. SmartSky may use transcripts of your e-mail conversations with SmartSky’s customer service agents for support, training, and improvements to SmartSky Services. If you provide feedback to SmartSky, it may use and disclose such feedback for any purpose, provided that SmartSky does not associate such feedback with your Personal Information.

SmartSky also may use your Personal Information to send you Service-related communications, for which you may opt out if you terminate your Account.

Information SmartSky Shares
Except as otherwise stated in this Privacy Policy, SmartSky does not sell, trade, rent, or share your Personal Information, CDR, or CPNI with third parties, unless you authorize SmartSky to do so. SmartSky may share Usage Information or Device Identifiers with the owners of the aircrafts on which the Services are available. SmartSky may also share non-Personal Information, such as aggregate user statistics, demographic information, and Usage Information with third parties. SmartSky may share your information as set forth in this Privacy Policy and in the following circumstances:

Law Enforcement Compliance
SmartSky may be required by law, or by law enforcement officers acting under the subpoena, to record some or all of your communications on or through the Services. SmartSky may, and you hereby authorize SmartSky to, disclose your Personal Information (including your Account Information) and your communications through the Services, if required by law or by law enforcement officers acting under subpoena, or if SmartSky believes in good faith that such disclosure is necessary to: (a) comply with relevant laws or to respond to subpoenas or warrants served on SmartSky; or (b) to protect or defend the rights, property, or safety of SmartSky, you, other users, or third parties (especially in emergency situations).

Third Parties Providing Services On SmartSky’s Behalf
In order to provide the Services, carry out your requests, make various features, services and materials available to you through the Site and through SmartSky’s proprietary network, and to respond to your inquiries, SmartSky may share your Personal Information or Usage Information with third parties that perform functions and services on SmartSky’s behalf (or on behalf of SmartSky’s partners), including without limitation, companies or individuals that: host or operate SmartSky’s web site; analyze data; provide customer service, billing services, and distribution and maintenance services; manage payments; advertisers; sponsors or other third parties that participate in or administer SmartSky promotions or provide marketing or promotional assistance.

Your Agreement To Have Your Personal Information Shared.
From time to time, SmartSky may offer you the opportunity to opt-in to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of your Personal Information with a third party while you use the Services. If you agree to have your Personal Information shared, it will be disclosed to the third party and will be subject to the privacy policy and business practices of that third party.

Business Transfers
SmartSky may share some or all of your Personal Information with SmartSky affiliates which include parent companies, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”). In such instances, SmartSky will require its Affiliates to honor this Privacy Policy. If SmartSky or the assets of SmartSky are acquired by another company, your Personal Information, and any other information that SmartSky has collected about the users of the Services, may be disclosed to that company as part of the due diligence process and will be transferred to that company as one of the transferred assets. Should such a sale or transfer occur, SmartSky will use reasonable efforts to direct the transferee to use information you have provided through the SmartSky web site in a manner that is consistent with this Privacy Policy. If any bankruptcy or reorganization proceeding is brought by or against SmartSky, all such information may be considered a SmartSky asset and may be sold or transferred to third parties.

If you are a California resident, under California law, you may opt-out of SmartSky’s disclosing personal information about you to third parties for their marketing purposes. If you do not want SmartSky to disclose information to other companies for their marketing purposes, please contact SmartSky by any of the ways described in this Privacy Policy. Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To request a copy of such information, please contact SmartSky by going to “Contact Us” at http://smartskynetworks.com/contact and SmartSky will respond within 30 days as required by law. California law also requires SmartSky to disclose how SmartSky responds to your Web browser “do not track” signals or other mechanisms that provide you the ability to exercise choice regarding the collection of personally identifiable information about your online activities over time and across third-party Web sites or online services. SmartSky is also required to disclose whether other parties may collect personally identifiable information about your online activities over time and across different web sites when you use the Site.

Information SmartSky Receives from Third Parties

SmartSky may receive information about you from third parties. As an example, if you are on a third party website and you opt-in to receive information from SmartSky that website will forward to SmartSky your email address and other information about you so that SmartSky may contact you as requested. You may also choose to participate in a third party application or feature on a third party web site through which you permit SmartSky to collect and share (or the third party to collect and share) information about you, including Personal Information. In addition, SmartSky may receive information about you if other users of a third party web site give SmartSky access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections” web page, profile page, or similar page on a social networking or other third party web site or interactive service.

From time to time, SmartSky may also supplement the information SmartSky collects about you through the Site with other information from third parties in order to enhance SmartSky’s ability to serve you, to tailor SmartSky content to you and to offer you opportunities to purchase products or services that SmartSky believes may be of interest to you. SmartSky may combine the information it receives from these third parties with information SmartSky collects through the SmartSky web site. SmartSky will apply this Privacy Policy to any Personal Information received, unless SmartSky has disclosed otherwise.

Your Access and Choices

You have choices regarding the collection, use, and sharing of your Personal Information. If you receive promotional communications from SmartSky, you may indicate a preference to stop receiving further promotional communications from SmartSky and its Affiliates and you will have the opportunity to “opt out” by following the unsubscribe instructions provided in the promotional email you receive or by contacting SmartSky directly at info@smartskynetworks.com will not charge for this service, and your opt-out request will be processed within 30 days of the date on which SmartSky receives it. Despite your indicated e-mail preference, SmartSky may send you administrative emails regarding the Services, including, for example, purchase confirmation, account creation confirmation, and notices of updates to SmartSky’s Terms of Use Agreement or Privacy Policy.

If you wish to verify, correct or update any of the Personal Information provided to SmartSky, you may do so by editing it in your Account page, or by contacting SmartSky at the above email address. In accordance with SmartSky routine record keeping, SmartSky may delete certain records that contain Personal Information you have submitted through the Services. Please note that SmartSky may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case SmartSky will comply with your deletion request, only after SmartSky has fulfilled such requirements). You should be aware that it is not always possible to completely remove or delete all of your information from the databases of SmartSky and its Affiliates without some residual data remaining in SmartSky archives because of backups and other reasons.

How SmartSky Protects Personal Information

The connection through which you access the Services is an encrypted link. However, if you have VPN, SmartSky recommends that you use that channel for greater security. Encrypted websites or pages, typically indicated by “https” in the address field and a “lock” icon, can also generally be accessed through www.smartskynetworks.com. You should be aware, however, that data packets from un-encrypted Wi-Fi connections can be captured by technically advanced means when they are transmitted between a user’s Device and the Wi-Fi access point. You should therefore take precautions to lower your security risks. SmartSky recommends that you follow good security practices, such as ensuring that file-sharing is not enabled while accessing the Internet from an un-encrypted public network and that laptops have firewall and other protection against malware. SmartSky recommends that sensitive or private information should not be accessed via or transmitted over an un-encrypted connection. Please be aware that while SmartSky takes steps to provide reasonable security for Personal Information, and employs physical, technical, and administrative safeguards to protect such information, SmartSky cannot ensure or warrant the security of any information you transmit to SmartSky or its Affiliates, and you use the Services and provide SmartSky and its Affiliates with your information at your own risk.

Consent to Processing and Transfer of Information

By using the Services, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Information according to this Privacy Policy.

If you are a User who resides outside the United States, please be aware that information SmartSky collects may be transferred to and processed in the United States. By using the Services, or providing SmartSky with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to, those in the country where you reside and/or are a citizen.

Children

The Services are not directed at Users who are under the age of 13, and SmartSky does not intentionally gather Personal Information about such Users. If SmartSky becomes aware that SmartSky has unknowingly collected Personal Information from a child under the age of 13, SmartSky will make reasonable efforts to delete such Personal Information from SmartSky records.

Updates to SmartSky Privacy Policy

Should you have any questions or concerns regarding this Privacy Policy, please contact SmartSky at website@smartskynetworks.com.

Contact SmartSky

This Privacy Policy and other information on the Site may be updated periodically and without prior notice to you, and any changes will be effective immediately upon the posting of the revised Privacy Policy on the Site. However, SmartSky will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised notice. SmartSky will post a prominent notice on the Site to notify you of any significant changes to SmartSky’s Privacy Policy and indicate at the top of the notice when it was most recently updated.

© 2014 SmartSky Networks, LLC
Updated Through: 09/30/2014