Last Modified: August 1, 2019

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SmartSky Networks, LLC (“SmartSky” or “We”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing the SmartSky Network and SmartSky Service (each as defined below, and collectively, our “Service”), you agree to this Privacy Policy. If you do not agree with our policies and practices, your choice is not to use our Service. This Privacy Policy may change from time to time. Your continued use of this Service after we make changes is deemed to be an acceptance of those changes, so please check this Privacy Policy periodically for updates. If we make a material change about how we treat our members’ Personal Information we will notify you at the email address specified in your account. As used herein, “SmartSky Service” means the Internet access service provided to you over an 802.11a/b/g/n/ac (or successor 802.11 protocol), Bluetooth, Ethernet, or other similar wired or wireless network connection for your personal use, and “SmartSky Network” means the software, hardware, infrastructure, networking, and communications equipment owned, leased, licensed, or provided by SmartSky in connection with the provision of the Service.

This Privacy Policy describes the types of information we may collect from you or that you may provide when you access the Service and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Privacy Policy applies to the information we collect on the Service, in email, text, or other electronic messages between you and this Service. This Privacy Policy does not apply to any services which do not display or link this Privacy Policy or that have their own privacy policy statements. Additionally, this Privacy Policy does not apply to any external websites which may be linked to the Service.


Information We Collect About You and How We Collect It

As you use the Service, we may collect two types of information from you: (1) “personally identifiable information“ (as described below); and (2) “non-personally identifiable information” (as described below).

“Personal Information” or “Personally identifiable information” is information that identifies you personally, such as your name, address, telephone number, email address, company name, or aircraft identifying information.

Here are some examples of the ways in which we may collect and store your personally identifiable information through the Service:

  • We may collect your first and last name, email address, or other information if you fill out certain forms or online requests on the Service;
  • We may collect your email address if you contact us with a question;
  • We may collect your first and last name, email address, and account number if you make a payment on the website.

“Non-personally identifiable information“ can be technical information (e.g. aircraft destination, travel purpose, cabin class, etc.), or it can be demographic information, such as your age, name, gender, or interests. Non-personally identifiable information may also mean aggregated, non- identifiable, or anonymized information. Non-personally identifiable information does not identify you personally. If you do provide us with non-personally identifiable information, we may use it for the purposes described in this Privacy Policy, or any other legal purpose.

Here are some examples of ways through which we may collect and store your non-personally identifiable information through the Service, and how we use such information:

  • Log Information: When you use the Service or view content provided through the Service, we automatically collect and store certain information in our server logs. This type of information includes details of how you use the Service, IP address information described below, web pages which have been viewed by you, date and time, domain type, device event information such as crashes, system activity, hardware, settings, browser type, browser language, the date and time of your requests, and referral url.
  • Internet Protocol (IP) Address: Your “IP address” is a number that lets computers attached to the internet know where to send you data, such as screens and pages of our services that you view. We use this information to deliver our screens and pages to you upon request, to tailor our services to the interests of you and our other visitors, and to measure traffic to and within our services.
  • Demographic Information: “Demographic Information” may be gender, age, zip code, and interests. We may collect such information about you through our services and use it to provide you with personalized services and to analyze trends to ensure that our services and the information on them is targeted to meet your needs. Please note that we also consider aggregated information, which is not personally identifiable, to be non- personally identifiable information.
  • Location Information: When you use the Service, we may collect and process information about your actual location. We use various technologies to determine location, including IP address, global positioning systems, and other sensors that may provide SmartSky with information about nearby devices and WiFi access points.
  • Usage Information: When you use the Service, we may collect and process information about how you use the Service, including how you move through the Service.
  • Feedback Information: From time to time, we may request that you provide us with feedback regarding the Service, as well as the products and services we offer. We may do this in the form of a survey or other feedback mechanism. We may collect and analyze this information.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies): A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of the Service. Unless you have adjusted your browser setting so that it will refuse our cookies, our system will use cookies when you direct your browser to the Service.
  • Web Beacons: Pages of the Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit our company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

If you encounter a screen or page that requests information you do not want to share with us, do not enter the information and do not proceed with that screen or page.


How We Use Your Information

Personally Identifiable Information

If you provide us with personally identifiable information, we will only use it for the purposes described in this Privacy Policy. Primarily, we use it to fulfill our business interests as set forth below, or for other purposes based on your consent, which in either case may include:

  • Offer you the products and services you request;
  • Help us create or offer content which is relevant to you;
  • Allow you to access certain areas of the Service;
  • Register you as a member and develop your profile to enable you to take advantage of the personalized features of the Service;
  • Alert you to special offers, updated information, and other new services offered by us or by third parties;
  • Forward promotional materials and to fulfill the terms of any promotion;
  • To improve your user experience and the experience of other users of the Service, including through the improvement and implementation of new security measures and protections;
  • To understand how you use the Service;
  • Identify you as a poster or provider of communications or content; or
  • Contact you in response to an email or other communication.

Non-Personally Identifiable Information

We may use non-personally identifiable information for the purposes described in this Privacy Policy, or any other legal purpose, including, when and where applicable, combining non- personally identifiable information with personally identifiable information. Without limiting the above, we may collect information to understand how you use the Service and how we can improve the Service’s functionality and privacy and security measures.

Reports

We periodically prepare analyses and reports reflecting our visitor and member use of the Service and other services. In preparing these reports, we may combine and analyze the Personal Information you provide to us with information from other sources. However, these reports will only include aggregate information about visitors and members. The information in these reports will not identify you individually and any business partner with whom such reports may be shared will not be able to contact you based on the information contained in the reports.


Disclosures of Your Information

We may disclose information we obtain about you in compliance with this Privacy Policy.

Personally Identifiable Information

We may share or disclose your personally identifiable information in the following instances:

  • To fulfill a service to you (e.g. advertising and marketing to you through the Service);
  • To send you information, including news, events, job openings and related information that you have subscribed to receive;
  • To offer you products from our affiliates, strategic partners, or agents, or to assist such parties for research, administrative, and/or business purposes;
  • To unaffiliated third-party service providers, agents, or independent contractors who help us maintain our products and services;
  • To comply with law or, if in good faith we believe that such action is necessary to conform to the requirements of law, or comply with legal process served on us, and to protect and defend our rights or property, or act in urgent circumstances to protect the personal safety of you and our other visitors;
  • To third parties as part of a corporate reorganization process including, but not limited to, a merger, acquisition, or sale of all or substantially all of our assets;
  • To track and analyze non-identifying, aggregate usage and volume information from our visitors or members and provide such information to third parties;
  • To protect against fraud or potential fraud.

 

Non-Personally Identifiable Information

We may share or disclose your non-personally identifiable information for the purposes disclosed in this Privacy Policy or for any other legal purpose, including when and where applicable, sharing and disclosing non-personally identifiable information combined with personally identifiable information.

Legal Disclosure

We may disclose and share information about you and your use of the Service if we believe such disclosure is necessary to:

  • Comply with the law and/or legal process where a formal request has been made;
  • Protect or defend our rights and/or property and property of others;
  • Enforce our SmartSky Service Terms of Use and/or this Privacy Policy
  • Respond to claims that the content(s) of a communication violates the rights of another.

 

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Service may then be inaccessible or not function properly.
  • Promotional Offers from us or our nonaffiliated partners. If you do not wish to have your contact information used to promote our products or services, you can opt-out by sending us an email stating your request to support@smartskynetworks.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.

Accessing, Correcting, and Deleting Your Information

You may choose not to receive marketing email communications from us by clicking on the “unsubscribe” link in our marketing emails. You also may ask us not to send you other marketing communications by contacting us as specified in the “Contact Us” section below, and we will honor your request. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.

Subject to applicable law, you may obtain a copy of Personal Information we maintain about you or request that we delete Personal Information we maintain about you by contacting us as indicated below. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information. In addition, if you believe that Personal Information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated below.


Objection to Processing

Under applicable law, you may have the right at any time to object to our use of your Personal Information for any direct marketing purposes, including profiling to the extent it is used for direct marketing. If we are processing your Personal Information based on our business interests, you may contact us and object to such processing by asserting that our interests do not override your interests, rights, and freedoms. You may exercise the rights set out in this paragraph by contacting us as set forth in the “Contact Us” section below.


Suspension of Processing

Subject to applicable law, you may have the right to request that we restrict the processing of your Personal Information, if:

  • you believe that the Personal Information we maintain about you is inaccurate, and you have asked us to verify the accuracy of such information as provided above;
  • you believe that your Personal Information has been unlawfully processed and you want us to restrict processing rather than erase your information;
  • we no longer need your Personal Information, but you need us to retain it in order to establish, exercise or defend a legal claim; or
  • you have objected to our processing of your Personal Information, as permitted under applicable law,, and we are considering the grounds of your objection.

Data Security

We have implemented measures to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Before we receive and store information, we make reasonable efforts to ensure the security of our systems. We use firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such firewalls or secure server software. The safety and security of your information also depends on you. Where you have chosen a password to access the Service, you are responsible for keeping this password confidential. We ask that you not share this password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted via our Service. Any transmission of Personal Information is done at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Service.


Retention and Deletion

Personally identifiable information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. We will retain your personally identifiable information as follows: name, email address, phone number, job title, company name, and aircraft identifying information will be retained for so long as you are a customer of SmartSky and/or are otherwise using the Service, and for a minimum period of 30 days following the date that you cease to be a SmartSky customer or otherwise cease using the Service (whichever is longer), and for a maximum period of 60 months following the date that you cease to be a SmartSky customer or otherwise cease using the Service (whichever is longer). In some cases it is not possible for us to specify in advance the periods for which your personally identifiable information will be retained. In such cases, we will determine the period of retention based on the following criteria: the period of retention of name, email address, phone number, job title, company name will be determined based on the nature of the inquiry information included within the contact form submission, or lack thereof. Notwithstanding the other provisions of this section, we may retain your personally identifiable information where such retention is necessary for compliance with a legal obligation to which we are subject, or to protect your vital interests or the vital interests of another natural person.


Children Under the Age of 16

Our Service is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Service. We do not knowingly collect Personal Information from children under 16. If you are under 16, do not use or provide any information on our Service or on or through any of its features/register on the Service, use any of the interactive or public comment features of this Service or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 16 years of age without verification of parental consent, we will delete the information. If you believe we might have any information from or about a child under age 16, please contact us at support@smartskynetworks.com.


Third Party Links

The Service may contain links to webpages operated by parties other than SmartSky. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the User to take precautions to ensure that whatever links the User selects or software the User downloads (whether by using the Service to access websites or otherwise) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Other websites and services may have their own privacy policies, which the User will be subject to upon linking to the other third party’s website. SmartSky strongly recommends that each User review the other third party’s terms and policies.


Do Not Track (DNT) Signals

Our Service does not respond to Do Not Track (DNT) signals. Some third party websites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies.


Information for California Residents

California residents are entitled to contact us to request information about whether we have disclosed Personal Information to third parties for the third parties’ direct marketing purposes. We do not disclose Personal Information to third parties for the third parties’ direct marketing purposes. California customers may request further information about our compliance with this law by e-mailing us at the address listed in the “Contact Us” section. California residents may also request at any time that we not sell their Personal Information to any third party, other than as permitted under applicable law.


Compliance and Cooperation with Regulatory Authorities

We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data if we cannot resolve the matter with our customers directly. Subject to applicable law, you also have a right to communicate directly with appropriate regulatory authorities if you believe we are in violation of your rights under applicable law.


Transfers

Your Personal Information may be transferred to countries outside of the country in which we collect it, including to the United States. If we transfer your information to a country outside of the country in which we collect it, we will comply with applicable law, including any requirements related to ensuring that data is transferred with appropriate safeguards.


Changes to this Policy

From time to time, we may make changes to this Privacy Policy in order to accommodate new technologies, platforms, industry practices, regulatory requirements, new developments or for other purposes. We encourage you to review this Privacy Policy periodically to ensure that you understand how we collect, use, and share information through the Service. If we do make changes to this Privacy Policy, we will notify you as required under applicable law, and we will also update the “Effective Date” posted at the top of this Privacy Policy.

Any changes to this Privacy Policy will become effective when the revised Privacy Policy is available on the Service. By continuing to use the Service following such changes, you are agreeing to accept the terms of the revised Privacy Policy.


Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: support@smartskynetworks.com.

 

Last Modified: August 1, 2019

Download PDF


SmartSky Networks, LLC (“SmartSky” or “We”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing the SmartSky Network and SmartSky Service (each as defined below, and collectively, our “Service”), you agree to this Privacy Policy. If you do not agree with our policies and practices, your choice is not to use our Service. This Privacy Policy may change from time to time. Your continued use of this Service after we make changes is deemed to be an acceptance of those changes, so please check this Privacy Policy periodically for updates. If we make a material change about how we treat our members’ Personal Information we will notify you at the email address specified in your account. As used herein, “SmartSky Service” means the Internet access service provided to you over an 802.11a/b/g/n/ac (or successor 802.11 protocol), Bluetooth, Ethernet, or other similar wired or wireless network connection for your personal use, and “SmartSky Network” means the software, hardware, infrastructure, networking, and communications equipment owned, leased, licensed, or provided by SmartSky in connection with the provision of the Service.

This Privacy Policy describes the types of information we may collect from you or that you may provide when you access the Service and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Privacy Policy applies to the information we collect on the Service, in email, text, or other electronic messages between you and this Service. This Privacy Policy does not apply to any services which do not display or link this Privacy Policy or that have their own privacy policy statements. Additionally, this Privacy Policy does not apply to any external websites which may be linked to the Service.


Information We Collect About You and How We Collect It

As you use the Service, we may collect two types of information from you: (1) “personally identifiable information“ (as described below); and (2) “non-personally identifiable information” (as described below).

“Personal Information” or “Personally identifiable information” is information that identifies you personally, such as your name, address, telephone number, email address, company name, or aircraft identifying information.

Here are some examples of the ways in which we may collect and store your personally identifiable information through the Service:

  • We may collect your first and last name, email address, or other information if you fill out certain forms or online requests on the Service;
  • We may collect your email address if you contact us with a question;
  • We may collect your first and last name, email address, and account number if you make a payment on the website.

“Non-personally identifiable information“ can be technical information (e.g. aircraft destination, travel purpose, cabin class, etc.), or it can be demographic information, such as your age, name, gender, or interests. Non-personally identifiable information may also mean aggregated, non- identifiable, or anonymized information. Non-personally identifiable information does not identify you personally. If you do provide us with non-personally identifiable information, we may use it for the purposes described in this Privacy Policy, or any other legal purpose.

Here are some examples of ways through which we may collect and store your non-personally identifiable information through the Service, and how we use such information:

  • Log Information: When you use the Service or view content provided through the Service, we automatically collect and store certain information in our server logs. This type of information includes details of how you use the Service, IP address information described below, web pages which have been viewed by you, date and time, domain type, device event information such as crashes, system activity, hardware, settings, browser type, browser language, the date and time of your requests, and referral url.
  • Internet Protocol (IP) Address: Your “IP address” is a number that lets computers attached to the internet know where to send you data, such as screens and pages of our services that you view. We use this information to deliver our screens and pages to you upon request, to tailor our services to the interests of you and our other visitors, and to measure traffic to and within our services.
  • Demographic Information: “Demographic Information” may be gender, age, zip code, and interests. We may collect such information about you through our services and use it to provide you with personalized services and to analyze trends to ensure that our services and the information on them is targeted to meet your needs. Please note that we also consider aggregated information, which is not personally identifiable, to be non- personally identifiable information.
  • Location Information: When you use the Service, we may collect and process information about your actual location. We use various technologies to determine location, including IP address, global positioning systems, and other sensors that may provide SmartSky with information about nearby devices and WiFi access points.
  • Usage Information: When you use the Service, we may collect and process information about how you use the Service, including how you move through the Service.
  • Feedback Information: From time to time, we may request that you provide us with feedback regarding the Service, as well as the products and services we offer. We may do this in the form of a survey or other feedback mechanism. We may collect and analyze this information.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies): A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of the Service. Unless you have adjusted your browser setting so that it will refuse our cookies, our system will use cookies when you direct your browser to the Service.
  • Web Beacons: Pages of the Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit our company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

If you encounter a screen or page that requests information you do not want to share with us, do not enter the information and do not proceed with that screen or page.


How We Use Your Information

Personally Identifiable Information

If you provide us with personally identifiable information, we will only use it for the purposes described in this Privacy Policy. Primarily, we use it to fulfill our business interests as set forth below, or for other purposes based on your consent, which in either case may include:

  • Offer you the products and services you request;
  • Help us create or offer content which is relevant to you;
  • Allow you to access certain areas of the Service;
  • Register you as a member and develop your profile to enable you to take advantage of the personalized features of the Service;
  • Alert you to special offers, updated information, and other new services offered by us or by third parties;
  • Forward promotional materials and to fulfill the terms of any promotion;
  • To improve your user experience and the experience of other users of the Service, including through the improvement and implementation of new security measures and protections;
  • To understand how you use the Service;
  • Identify you as a poster or provider of communications or content; or
  • Contact you in response to an email or other communication.

Non-Personally Identifiable Information

We may use non-personally identifiable information for the purposes described in this Privacy Policy, or any other legal purpose, including, when and where applicable, combining non- personally identifiable information with personally identifiable information. Without limiting the above, we may collect information to understand how you use the Service and how we can improve the Service’s functionality and privacy and security measures.

Reports

We periodically prepare analyses and reports reflecting our visitor and member use of the Service and other services. In preparing these reports, we may combine and analyze the Personal Information you provide to us with information from other sources. However, these reports will only include aggregate information about visitors and members. The information in these reports will not identify you individually and any business partner with whom such reports may be shared will not be able to contact you based on the information contained in the reports.


Disclosures of Your Information

We may disclose information we obtain about you in compliance with this Privacy Policy.

Personally Identifiable Information

We may share or disclose your personally identifiable information in the following instances:

  • To fulfill a service to you (e.g. advertising and marketing to you through the Service);
  • To send you information, including news, events, job openings and related information that you have subscribed to receive;
  • To offer you products from our affiliates, strategic partners, or agents, or to assist such parties for research, administrative, and/or business purposes;
  • To unaffiliated third-party service providers, agents, or independent contractors who help us maintain our products and services;
  • To comply with law or, if in good faith we believe that such action is necessary to conform to the requirements of law, or comply with legal process served on us, and to protect and defend our rights or property, or act in urgent circumstances to protect the personal safety of you and our other visitors;
  • To third parties as part of a corporate reorganization process including, but not limited to, a merger, acquisition, or sale of all or substantially all of our assets;
  • To track and analyze non-identifying, aggregate usage and volume information from our visitors or members and provide such information to third parties;
  • To protect against fraud or potential fraud.

 

Non-Personally Identifiable Information

We may share or disclose your non-personally identifiable information for the purposes disclosed in this Privacy Policy or for any other legal purpose, including when and where applicable, sharing and disclosing non-personally identifiable information combined with personally identifiable information.

Legal Disclosure

We may disclose and share information about you and your use of the Service if we believe such disclosure is necessary to:

  • Comply with the law and/or legal process where a formal request has been made;
  • Protect or defend our rights and/or property and property of others;
  • Enforce our SmartSky Service Terms of Use and/or this Privacy Policy
  • Respond to claims that the content(s) of a communication violates the rights of another.

 

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Service may then be inaccessible or not function properly.
  • Promotional Offers from us or our nonaffiliated partners. If you do not wish to have your contact information used to promote our products or services, you can opt-out by sending us an email stating your request to support@smartskynetworks.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.

Accessing, Correcting, and Deleting Your Information

You may choose not to receive marketing email communications from us by clicking on the “unsubscribe” link in our marketing emails. You also may ask us not to send you other marketing communications by contacting us as specified in the “Contact Us” section below, and we will honor your request.We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.

Subject to applicable law, you may obtain a copy of Personal Information we maintain about you or request that we delete Personal Information we maintain about you by contacting us as indicated below. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information. In addition, if you believe that Personal Information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated below.


Objection to Processing

Under applicable law, you may have the right at any time to object to our use of your Personal Information for any direct marketing purposes, including profiling to the extent it is used for direct marketing. If we are processing your Personal Information based on our business interests, you may contact us and object to such processing by asserting that our interests do not override your interests, rights, and freedoms. You may exercise the rights set out in this paragraph by contacting us as set forth in the “Contact Us” section below.


Suspension of Processing

Subject to applicable law, you may have the right to request that we restrict the processing of your Personal Information, if:

  • you believe that the Personal Information we maintain about you is inaccurate, and you have asked us to verify the accuracy of such information as provided above;
  • you believe that your Personal Information has been unlawfully processed and you want us to restrict processing rather than erase your information;
  • we no longer need your Personal Information, but you need us to retain it in order to establish, exercise or defend a legal claim; or
  • you have objected to our processing of your Personal Information, as permitted under applicable law,, and we are considering the grounds of your objection.

Data Security

We have implemented measures to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Before we receive and store information, we make reasonable efforts to ensure the security of our systems. We use firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such firewalls or secure server software.The safety and security of your information also depends on you. Where you have chosen a password to access the Service, you are responsible for keeping this password confidential. We ask that you not share this password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted via our Service. Any transmission of Personal Information is done at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Service.


Retention and Deletion

Personally identifiable information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. We will retain your personally identifiable information as follows: name, email address, phone number, job title, company name, and aircraft identifying information will be retained for so long as you are a customer of SmartSky and/or are otherwise using the Service, and for a minimum period of 30 days following the date that you cease to be a SmartSky customer or otherwise cease using the Service (whichever is longer), and for a maximum period of 60 months following the date that you cease to be a SmartSky customer or otherwise cease using the Service (whichever is longer). In some cases it is not possible for us to specify in advance the periods for which your personally identifiable information will be retained. In such cases, we will determine the period of retention based on the following criteria: the period of retention of name, email address, phone number, job title, company name will be determined based on the nature of the inquiry information included within the contact form submission, or lack thereof. Notwithstanding the other provisions of this section, we may retain your personally identifiable information where such retention is necessary for compliance with a legal obligation to which we are subject, or to protect your vital interests or the vital interests of another natural person.


Children Under the Age of 16

Our Service is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Service. We do not knowingly collect Personal Information from children under 16. If you are under 16, do not use or provide any information on our Service or on or through any of its features/register on the Service, use any of the interactive or public comment features of this Service or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 16 years of age without verification of parental consent, we will delete the information. If you believe we might have any information from or about a child under age 16, please contact us at support@smartskynetworks.com.


Third Party Links

The Service may contain links to webpages operated by parties other than SmartSky. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the User to take precautions to ensure that whatever links the User selects or software the User downloads (whether by using the Service to access websites or otherwise) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Other websites and services may have their own privacy policies, which the User will be subject to upon linking to the other third party’s website. SmartSky strongly recommends that each User review the other third party’s terms and policies.


Do Not Track (DNT) Signals

Our Service does not respond to Do Not Track (DNT) signals. Some third party websites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies.


Information for California Residents

California residents are entitled to contact us to request information about whether we have disclosed Personal Information to third parties for the third parties’ direct marketing purposes. We do not disclose Personal Information to third parties for the third parties’ direct marketing purposes. California customers may request further information about our compliance with this law by e-mailing us at the address listed in the “Contact Us” section. California residents may also request at any time that we not sell their Personal Information to any third party, other than as permitted under applicable law.


Compliance and Cooperation with Regulatory Authorities

We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data if we cannot resolve the matter with our customers directly. Subject to applicable law, you also have a right to communicate directly with appropriate regulatory authorities if you believe we are in violation of your rights under applicable law.


Transfers

Your Personal Information may be transferred to countries outside of the country in which we collect it, including to the United States. If we transfer your information to a country outside of the country in which we collect it, we will comply with applicable law, including any requirements related to ensuring that data is transferred with appropriate safeguards.


Changes to this Policy

From time to time, we may make changes to this Privacy Policy in order to accommodate new technologies, platforms, industry practices, regulatory requirements, new developments or for other purposes. We encourage you to review this Privacy Policy periodically to ensure that you understand how we collect, use, and share information through the Service. If we do make changes to this Privacy Policy, we will notify you as required under applicable law, and we will also update the “Effective Date” posted at the top of this Privacy Policy.

Any changes to this Privacy Policy will become effective when the revised Privacy Policy is available on the Service. By continuing to use the Service following such changes, you are agreeing to accept the terms of the revised Privacy Policy.


Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: support@smartskynetworks.com.

 

Last Modified: August 1, 2019

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Skytelligence®

Trial End User License Agreement

This Skytelligence® Trial End User License Agreement (these “Program Terms”) is entered into by the legal entity accepting these Program Terms (the “User”) and SmartSky Networks, LLC (“SmartSky”); each of User and SmartSky a “Party” and collectively referred to as the “Parties.” User acknowledges and agrees that when User clicks the “I Accept” box as part of any online acceptance process for these Program Terms in order to participate in the Skytelligence Program (as defined below) and/or utilize the Skytelligence Platform (as defined below), that User accepts these Program Terms in their entirety. Any individual accepting these terms on behalf of a legal entity hereby represents and warrants that he or she is accepting the Program Terms with the full and complete authority to bind the legal entity as a User with respect to the matters contained herein and as stated herein. SmartSky reserves the right to modify these Program Terms at any time as set forth herein. User may not use the Skytelligence Platform or access the Information if User does not accept these Program Terms in their entirety.


1. Program Description

1.1. Scope; Term

1.1.1. These Program Terms govern User’s participation in the SmartSky innovative approach to the secure exchange of information that supports the business objectives of a community of Users (the “Skytelligence Program”) and User’s access to and use of: (i) the SmartSky portal (“Skytelligence Platform”) and all of its content, data, applications, programs, documents, software development tools, or other materials provided by SmartSky and third parties in the Skytelligence Program that SmartSky makes available to User (collectively “Program Materials”), and/or (ii) User’s provision of content, data, documents, software development tools, or other materials to be made available through the Skytelligence Platform (collectively, “User Materials”). User acknowledges and agrees these Program Terms solely provide access to the Skytelligence Platform and do not permit commercialization of any data or application.

1.1.2. Nothing in these Program Terms will impair SmartSky’s right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with, any other products, software, or technologies that a User may develop, produce, market, or distribute, subject to applicable patents or copyrights.

1.1.3. SmartSky reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Program Terms, at any time by posting revisions with a new effective date and by providing User with notice of such changes to User by email to its last known email address. User acknowledges and agrees that User is solely responsible to keep its email address current with SmartSky by sending updated email address to SmartSky at: Skytelligence@SmartSkyNetworks.com. Further, User acknowledges and agrees that User is responsible to check these Program Terms periodically for changes at: https://smartskynetworks.com/skytelligence-devhub-legal- terms and if any changes are not acceptable, to terminate these Program Terms pursuant to Section 1.1.5. User hereby agrees that its continued use of Skytelligence Platform following the posting of changes constitutes User’s acceptance and agreement to the changes.

1.1.4. The term of these Program Terms (the “Term”) will begin on the date User accepts these Program Terms and will continue until terminated by User or SmartSky.

1.1.5. User may terminate these Program Terms at any time by providing notice of termination to SmartSky at: Skytelligence@SmartSkyNetworks.com and ceasing any use of the Skytelligence Platform and Program Materials (other than User Materials).

1.2. Registration; Acceptance; Data Privacy

1.2.1. Conditioned upon meeting the requirements of SmartSky, User will obtain credentials to access the Skytelligence Platform (a “User Account”).

1.2.2. SmartSky may verify the information User provides during the configuration of its User Account.

1.2.3. User agrees that any use of the Program Materials and User Materials, or contribution of User Materials or any other person accessing the Skytelligence Platform, Program Materials, or User Materials through the User Account will be bound by these Program Terms.

1.2.4. User acknowledges and agrees to the terms and conditions of the Skytelligence Privacy Policy which can be viewed at: https://smartskynetworks.com/skytelligence- devhub-legal-terms.

1.2.5. [INTENTIONALLY LEFT BLANK]

1.2.6. [INTENTIONALLY LEFT BLANK]

1.2.7. Violating the security of the Skytelligence Platform is prohibited and may result in criminal and civil liability. User agrees not to disclose User Account information to any third party absent SmartSky’s prior written consent, which consent may be requested from SmartSky at Skytelligence@SmartSkyNetworks.com. User agrees and acknowledges it is solely responsible for any activity conducted on its User Account or with its User Account information.

1.2.8. User is required to notify SmartSky without delay of any fraudulent access to its User Account or any unauthorized use by any third party of which User becomes aware. In such a case, User acknowledges that SmartSky shall have the option to suspend or cancel at any time User’s User Account and/or the functions related to the use thereof.

1.2.9. SmartSky reserves the right, at any time and without prior notice, to suspend or terminate the User Account, prohibit access to the Skytelligence Platform and the use of Program Materials, or delete User Materials in the event of a breach of these Program Terms or for any reason deemed reasonable by SmartSky with or without notice.


2. Content and Restrictions

2.1. Program Materials

2.1.1 SmartSky grants User a revocable, limited use, non-exclusive, non-transferable right during the Term of these Program Terms, as specifically authorized by SmartSky, to access the Skytelligence Platform and the Program Materials, and copy and use the Program Materials for the purposes of developing related data feeds and applications.

2.1.2. SmartSky retains title to, and all ownership interests in, the Skytelligence Platform and SmartSky provided Program Materials. Third parties providing Program Materials retain title to and all ownership interests in its User Materials including all intellectual property rights. User agrees not to remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Program Materials.

2.2. User Materials

2.2.1. User grants to SmartSky and to each other User the worldwide, royalty-free license and right to access, display, view, store, distribute, perform, and reproduce its User Materials in connection with the Skytelligence Program which shall be considered Skytelligence Program Materials hereunder. Each User’s use of the Skytelligence Program Materials may be subject to additional User License Terms, as set forth below.

2.2.2. User may include and require additional license terms as a condition of access and use of its User Materials (“User License Terms”) and access controls. In no event will User License Terms assert to: (i) create any legally binding obligation on SmartSky or (ii) modify, amend, or supersede these Program Terms with respect to SmartSky; any such assertion(s) shall be void and constitute a breach of these Program Terms.

2.2.3. User acknowledges and agrees that it is responsible for obtaining all necessary consents, licenses, and approvals prior to publishing or distributing any User Materials to or through the Skytelligence Platform. User agrees that SmartSky has no responsibility to User or to any third party for the consequences of User’s actions, including any loss or damage that User or any third party may suffer.

2.3. Third Party Materials

2.3.1. Program Materials may include materials, data, content, or resources obtained from third parties (collectively, “Third Party Materials”), which may be protected by intellectual property rights which are owned by the third party providers or by other persons or entities on their behalf. 2.3.2. User agrees to comply with any third party license terms applicable to any Third Party Materials accessed, copied, or downloaded by User through the Skytelligence Platform.

2.3.3. User acknowledges and agrees: (i) not to use any Third Party Materials in a way that would infringe or violate the rights of any other party, and (ii) that SmartSky is not responsible for any such use.

2.3.4. User acknowledges that its access and use of Third Party Materials may be subject to separate terms between User and the relevant third party. SmartSky assumes no obligations with respect to any such third party and/or Third Party Materials, does not provide any warranty with respect thereto, and assumes no liability or obligation for the availability of and/or use of any Third Party Materials.

2.3.5. SmartSky and/or third party providers may charge for access and/or use of Program Materials as identified and agreed upon in a separate written agreement and in such event, User agrees to pay the fees as stated in such separate written agreement for the receipt of the specified Skytelligence Program benefits.

2.4. Permitted Use and Restrictions

2.4.1. USER AGREES TO COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE PROGRAM MATERIALS AND USER MATERIALS. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS, AND END USE.

2.4.2. User may neither use (i) any means to manipulate the Skytelligence Platform or attempt to exceed the limited authorization and access granted to User, nor (ii) devices or programs to catalog, download, or otherwise reproduce, store, or distribute content available on the Skytelligence Platform except as expressly permitted in writing by SmartSky.

2.4.3. SmartSky does not guarantee the accuracy, integrity, or quality of any Program Materials made available on or through the Skytelligence Platform. SmartSky shall have the right (but not the obligation) in its sole discretion to monitor, refuse, or remove any Program Materials that are available via the Skytelligence Platform for any or no reason. 2.4.4. SmartSky takes no responsibility and assumes no liability for any content uploaded, transmitted, or downloaded by User or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity User may encounter. As the provider of the Skytelligence Platform, SmartSky is not liable for any statements, representations, or content provided by User and/or any users of the Skytelligence Platform. SmartSky is not responsible for any use by User of the Skytelligence Platform and/or Program Materials in violation of any agreement between User and SmartSky and/or third party. Any opinions, advice, or recommendations expressed therein are those of the third party providing such content and not those of SmartSky. SmartSky does not endorse any content or any opinion, recommendation, or advice expressed therein. SmartSky reserves the right to take such action as deemed appropriate, including suspension and/or termination, in cases where the Skytelligence Platform is used to disseminate statements that are harmful, inflammatory, or otherwise offensive.

2.4.5. User agrees to use the Program Materials (whether provided by SmartSky or others), as well as any software, data, documents and/or other information provided in connection with the Program Materials or Skytelligence Platform, in a manner consistent with all applicable laws and regulations. Additionally, User will not, except with the prior written permission of SmartSky which can be in the form of email from SmartSky, provide User Materials or use the Program Materials, Skytelligence Platform, related software, or content to upload, post, email, distribute, transmit, link, solicit, or otherwise make available any content in any manner that:

  • is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful, or abusive;
  • infringes someone else’s patent, trademark, trade secret, copyright, or other intellectual property or other rights;
  • removes any proprietary notices or labels;
  • advocates or solicits violence, criminal conduct, or the violation of any local, state, national or international law, or the rights of any third party;
  • is deceptive in any way, such as by offering to sell fraudulent goods, containing an impersonation of a person or entity, or misrepresenting an affiliation with a person or entity;
  • constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
    interferes with others using the Skytelligence Platform or disrupts, interferes with, or inhibits any other user from enjoying the Skytelligence Platform, Program Materials or other affiliated or linked websites, material, contents, products, or services;
  • is off-topic according to the description of the group, forum, or webpage;
    contains software viruses, worms, time bombs, corrupted files, Trojan horses, or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair, or limit the functioning of any software, hardware, network, server, or communications systems or equipment;
  • contains a charity request, petitions for signatures, chain letters, or letters relating to a pyramid scheme;
    uses any SmartSky domain name as a pseudonymous return email address;
  • contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such;
  • attempts to disable, bypass, modify, defeat, or otherwise circumvent any of the digital rights management or other security related tools incorporated into the Program Materials, software or any content or the Skytelligence Platform;
  • reproduces, duplicates, copies, sells, trades, resells, or exploits for any commercial purposes, any portion of the Skytelligence Platform, use of the Skytelligence Platform, or access to the Skytelligence Platform;
  • makes derivative uses of the Skytelligence Platform;
  • uses, frames, or utilizes framing techniques to enclose any portion of the Skytelligence Platform (including the images found at the Skytelligence Platform or any text or the layout/design of any page or form contained on a page);
  • • provides material support or resources (or conceals or disguises the nature, location, source, or ownership of any material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • systematically collects and uses any content including the use of any data mining, or similar data gathering and extraction methods;
  • modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the Skytelligence Platform or Program Materials. 2.5. Updates and Modifications

2.5.1. User may from time to time update or modify its User Materials; however, User understands and acknowledges that these Program Terms do not create any obligation on the part of SmartSky or any provider of Third Party Materials to update or modify any Program Materials or to provide User (or users of the User Materials) with any support or maintenance of the Program Materials. User further understands that updates or modifications to the Program Materials may: (a) remove or restrict previously existing functionality; and/or (b) require User to update or modify User’s services, products and/or applications

2.6. Feedback.

If User sends or submits to SmartSky creative ideas, suggestions, inventions, or materials with respect to the Skytelligence Platform and/or Program Materials (“Feedback”), SmartSky shall: (a) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (b) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to User or any other person. User agrees that User shall have no recourse against SmartSky for any alleged or actual infringement or misappropriation of any proprietary right in Feedback. User hereby represents and warrants that any Feedback submitted to Smartsky will not infringe or constitute a misappropriation of any right of any third party, including any copyrights, patents, trade secret, trademarks or confidentiality rights. 2.7. Open Source Materials. Some of the software required by or included in the Program Materials may be offered under an open source license. To the limited extent that an open source software license term conflicts with these Program Terms, the open source license will govern with respect to the applicable open source software. User agrees to comply with all applicable Freeware and Open Source Software (“FOSS”) licensing terms. User also agrees not to use any FOSS in the development of User Materials in such a way that would cause the non-FOSS portions of the Program Materials to be subject to any FOSS licensing terms or obligations.


3. Publicity and Trademarks

3.1. The SmartSky logo and the Skytelligence logo (the “Logos”) are trademarks, service marks and registered marks of SmartSky Networks, LLC. Other trademarks, service marks, graphics, logos and domain names appearing as part of the Skytelligence Platform or Program Materials or on any related websites may be the trademarks or service marks of SmartSky or of third parties (collectively with the Logo, the “Marks”). Neither User’s access to and use of the Skytelligence Platform or Program Materials nor these Program Terms grant User any right, title or interest or license to reproduce or otherwise use the Marks or any graphics, logos or domain names. Any goodwill in the Marks generated as a result of User’s use of the Program Materials will inure to SmartSky’s benefit or the benefit of the applicable third-party owner. User shall not at any time, nor shall User assist others to, challenge SmartSky’s right, title, or interest in or to, or the validity of, SmartSky’s Marks or any other intellectual property rights of SmartSky’s.

3.2. Unless otherwise expressly approved by SmartSky beforehand in writing, User may not make any statement, press release or other public communication regarding these Program Terms or the use of the Program Materials, nor may User state or imply any endorsement by SmartSky or any of its affiliates of User or of any product or application.


4. General Provisions

4.1. Indemnification.

To the extent permitted by law, User agrees to indemnify, and hold harmless SmartSky, its directors, officers, employees, independent contractors, partners, dealers, suppliers, customers, and agents (each a “SmartSky Indemnified Party”) from any and all third party claims (including but not limited to tort, negligence, personal injury, and strict product liability), losses, liabilities, damages, expenses, and costs (including without limitation attorney’s fees and court costs) (collectively “Losses”) against or otherwise incurred by a SmartSky Indemnified Party resulting from: (1) breach by User and/or its users of User Materials of these Program Terms, (2) the use of User Materials by SmartSky or any third party person including, without limitation, user of User Materials, (3) the use of User Fee4d.4b.a1c.k by SmartSky that results in violation of any law or infringes any patent, copyright, trade secret or trademark, (4) any claims by any users of User Materials, or (5) any claims that any User Materials violates any law or infringes any patent, copyright, trade secret, or trademark.

4.1.1. A SmartSky Indemnified Party shall promptly notify User in writing of any such claim. The SmartSky Indemnified Party shall be entitled, at its sole option, to participate in or assume in total the defense of any such claim at its sole expense and User agrees to cooperate as fully as reasonably required in the defense.

4.2. Termination, and Modification

4.2.1. These Program Terms and all rights granted to User hereunder will immediately and automatically terminate if: (a) User violates any provisions of these Program Terms; or (b) User engages in any action that disparages SmartSky or any of its affiliates or otherwise devalues the name, logos, trademarks, goodwill, or reputation of SmartSky or any of its affiliates.

4.2.2. Notwithstanding the foregoing, all terms of sections 2, 3 and 4 survive the termination of these Program Terms and remain enforceable.

4.3. DISCLAIMERS

4.3.1. USER UNDERSTANDS AND AGREES THAT USER’S USE OF THE SKYTELLIGENCE PLATFORM, PROGRAM MATERIALS, AND/OR THIRD PARTY MATERIALS IS AT USER’S OWN RISK AND THAT THE SKYTELLIGENCE PLATFORM, PROGRAM MATERIALS, THIRD PARTY MATERIALS AND SUPPORT

SERVICES (IF ANY) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND FROM SMARTSKY.
4.3.2. USER ACKNOWLEDGES AND AGREES THAT SMARTSKY HAS NO OBLIGATION, RESPONSIBILITY OR LIABILITY RELATED TO THE ACCESS, USE, RESULTS OR ANY OTHER MATTER RELATED TO THE PERFORMANCE OR LACK THEREOF OF THIRD PARTY PROVIDED PROGRAM MATERIALS AND/OR USER MATERIALS.

4.3.3. USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY SYSTEM OR DEVICE THAT MAY ARISE FROM SUCH USE. SMARTSKY MAKES NO WARRANTY OR GUARANTEE THAT USER’S USE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT ANY ERRORS IN THE SKYTELLIGENCE PLATFORM, PROGRAM MATERIALS, OR THIRD PARTY MATERIALS WILL BE CORRECTED.

4.3.4. SMARTSKY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES IN THE SKYTELLIGENCE PLATFORM, PROGRAM MATERIALS, AND THIRD PARTY MATERIALS.

4.3.5. IF DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF SUCH IMPLIED WARRANTY IS LIMITED TO THIRTY (30) DAYS FROM THE DATE THE PROGRAM MATERIALS WERE ACCESSED BY USER.

4.4. LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, WARRANTY, PRODUCTS LIABILITY, OR OTHERWISE, WILL SMARTSKY OR ANY OF ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, THE USE OF THE SKYTELLIGENCE PLATFORM OR PROGRAM MATERIALS, OR ANY INABILITY TO USE THE SKYTELLIGENCE PLATFORM OR PROGRAM MATERIALS, (INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOST PROFITS OR DATA, FAILURE OR MALFUNCTION OF ANY COMPUTER OR ELECTRONIC SYSTEM, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), EVEN IF SMARTSKY OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL SMARTSKY’S TOTAL LIABLITY TO USER UNDER THESE TERMS FOR ANY DAMAGES EXCEED THE AMOUNT OF ONE THOUSAND DOLLARS ($1,000.00). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF ANY REMEDY GRANTED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

4.4.2. THE LIMITATIONS HEREIN APPLY REGARDLESS OF WHETHER USER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

4.4.3. SMARTSKY IS NOT LIABLE FOR ANY COST OR EXPENSE USER INCURS WHATSOEVER IN CONNECTION WITH THESE TERMS OR THE DEVELOPMENT OF USER’S PRODUCTS OR APPLICATIONS.

4.4.4. THE SKYTELLIGENCE PLATFORM AND PROGRAM MATERIALS ARE NOT FAIL-SAFE AND ARE NOT DESIGNED OR INTENDED FOR USE IN SITUATIONS REQUIRING FAIL-SAFE PERFORMANCE OR ANY USE IN WHICH AN ERROR OR INTERRUPTION IN THE SYSTEM OR SERVICES COULD LEAD TO SEVERE INJURY TO BUSINESS, PERSONS, PROPERTY OR ENVIRONMENT. THE SKYTELLGENCE PORTAL AND SKYTELLIGENCE MATERIALS SHOULD NOT BE RELIED UPON FOR ANY SAFETY SYSTEM OR ANY SITUATIONS REQUIRING FAILSAFE PERFORMANCE, AND ANY SUCH USE IS AT USER’S DISCRETION AND SOLE LIABILITY.

4.5. Miscellaneous

4.5.1. The Parties shall comply with all applicable laws and regulations related to their performance hereunder.

4.5.2. User shall be liable for the payment of all taxes related to the performance of these Program Terms excluding tax related to income of SmartSky.

4.5.3. These Program Terms do not constitute an agency relationship between SmartSky and User and neither SmartSky nor User shall hold itself out to be the legal representative, agent, or employee of the other party for any purpose whatsoever.

4.5.4. SmartSky can assign these Program Terms in whole or in part to anyone SmartSky chooses. User may not assign these terms or its obligations to anyone else without SmartSky’s prior written consent.

4.5.5. Any written notice from User required by these Program Terms will be considered given when SmartSky receives it by registered, courier, express, or other verified mail service at the following address: 430 Davis Drive, Suite 350, Morrisville, NC 27560, Attn: Vice President, Supply Chain, with a copy at the same address to the Office of General
Counsel. Any written notice from SmartSky required by these Program Terms will be considered given when SmartSky sends it to User by email to its last known email address, such address may be updated by User by sending updated email address to SmartSky at: Skytelligence@SmartSkyNetworks.com.

4.5.6. If any provision of these Program Terms shall be held invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed deleted from these Program Terms and replaced by a valid and enforceable provision which, so far as possible, achieves the same economic and other benefits for SmartSky and User as the severed provision was intended to achieve, and the remaining provisions of these Program Terms shall continue in full force and effect.

4.5.7. These Program Terms shall be governed by, construed, and interpreted in accordance with the laws of the State of North Carolina, without reference to (i) the conflicts of laws principles thereof and (ii) the United Nations Conventions on Contracts for the International Sale of Goods. User hereby submits itself to the jurisdiction of the State of North Carolina and agrees that, for the purposes of any action brought by User under these Program Terms, the exclusive venue for any claims shall be the state courts located in Wake County, North Carolina, or the Federal District Court in the district of North Carolina within which Wake County, North Carolina, is located. SmartSky may, pursuant hereto, bring any action hereunder or any claim for money due in the aforementioned United States District Court, or, at its sole option, may bring any action in any other court of competent jurisdiction.

4.5.8. These Program Terms represent the entire integrated agreement between SmartSky and User with respect to the subject matter hereof and supersedes all previous agreements and understandings between the parties with respect to the subject matter of these Program Terms.

Last Modified: August 1, 2019

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SmartSky Networks, LLC (“SmartSky” or “We”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing the SmartSky Network and SmartSky Service (each as defined below, and collectively, our “Service”), you agree to this Privacy Policy. If you do not agree with our policies and practices, your choice is not to use our Service. This Privacy Policy may change from time to time. Your continued use of this Service after we make changes is deemed to be an acceptance of those changes, so please check this Privacy Policy periodically for updates. If we make a material change about how we treat our members’ Personal Information we will notify you at the email address specified in your account. As used herein, “SmartSky Service” means the Internet access service provided to you over an 802.11a/b/g/n/ac (or successor 802.11 protocol), Bluetooth, Ethernet, or other similar wired or wireless network connection for your personal use, and “SmartSky Network” means the software, hardware, infrastructure, networking, and communications equipment owned, leased, licensed, or provided by SmartSky in connection with the provision of the Service.

This Privacy Policy describes the types of information we may collect from you or that you may provide when you access the Service and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Privacy Policy applies to the information we collect on the Service, in email, text, or other electronic messages between you and this Service. This Privacy Policy does not apply to any services which do not display or link this Privacy Policy or that have their own privacy policy statements. Additionally, this Privacy Policy does not apply to any external websites which may be linked to the Service.


Information We Collect About You and How We Collect It

As you use the Service, we may collect two types of information from you: (1) “personally identifiable information“ (as described below); and (2) “non-personally identifiable information” (as described below).

“Personal Information” or “Personally identifiable information” is information that identifies you personally, such as your name, address, telephone number, email address, company name, or aircraft identifying information.

Here are some examples of the ways in which we may collect and store your personally identifiable information through the Service:

  • We may collect your first and last name, email address, or other information if you fill out certain forms or online requests on the Service;
  • We may collect your email address if you contact us with a question;
  • We may collect your first and last name, email address, and account number if you make a payment on the website.

“Non-personally identifiable information“ can be technical information (e.g. aircraft destination, travel purpose, cabin class, etc.), or it can be demographic information, such as your age, name, gender, or interests. Non-personally identifiable information may also mean aggregated, non- identifiable, or anonymized information. Non-personally identifiable information does not identify you personally. If you do provide us with non-personally identifiable information, we may use it for the purposes described in this Privacy Policy, or any other legal purpose.

Here are some examples of ways through which we may collect and store your non-personally identifiable information through the Service, and how we use such information:

  • Log Information: When you use the Service or view content provided through the Service, we automatically collect and store certain information in our server logs. This type of information includes details of how you use the Service, IP address information described below, web pages which have been viewed by you, date and time, domain type, device event information such as crashes, system activity, hardware, settings, browser type, browser language, the date and time of your requests, and referral url.
  • Internet Protocol (IP) Address: Your “IP address” is a number that lets computers attached to the internet know where to send you data, such as screens and pages of our services that you view. We use this information to deliver our screens and pages to you upon request, to tailor our services to the interests of you and our other visitors, and to measure traffic to and within our services.
  • Demographic Information: “Demographic Information” may be gender, age, zip code, and interests. We may collect such information about you through our services and use it to provide you with personalized services and to analyze trends to ensure that our services and the information on them is targeted to meet your needs. Please note that we also consider aggregated information, which is not personally identifiable, to be non- personally identifiable information.
  • Location Information: When you use the Service, we may collect and process information about your actual location. We use various technologies to determine location, including IP address, global positioning systems, and other sensors that may provide SmartSky with information about nearby devices and WiFi access points.
  • Usage Information: When you use the Service, we may collect and process information about how you use the Service, including how you move through the Service.
  • Feedback Information: From time to time, we may request that you provide us with feedback regarding the Service, as well as the products and services we offer. We may do this in the form of a survey or other feedback mechanism. We may collect and analyze this information.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies): A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of the Service. Unless you have adjusted your browser setting so that it will refuse our cookies, our system will use cookies when you direct your browser to the Service.
  • Web Beacons: Pages of the Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit our company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

If you encounter a screen or page that requests information you do not want to share with us, do not enter the information and do not proceed with that screen or page.


How We Use Your Information

Personally Identifiable Information

If you provide us with personally identifiable information, we will only use it for the purposes described in this Privacy Policy. Primarily, we use it to fulfill our business interests as set forth below, or for other purposes based on your consent, which in either case may include:

  • Offer you the products and services you request;
  • Help us create or offer content which is relevant to you;
  • Allow you to access certain areas of the Service;
  • Register you as a member and develop your profile to enable you to take advantage of the personalized features of the Service;
  • Alert you to special offers, updated information, and other new services offered by us or by third parties;
  • Forward promotional materials and to fulfill the terms of any promotion;
  • To improve your user experience and the experience of other users of the Service, including through the improvement and implementation of new security measures and protections;
  • To understand how you use the Service;
  • Identify you as a poster or provider of communications or content; or
  • Contact you in response to an email or other communication.

Non-Personally Identifiable Information

We may use non-personally identifiable information for the purposes described in this Privacy Policy, or any other legal purpose, including, when and where applicable, combining non- personally identifiable information with personally identifiable information. Without limiting the above, we may collect information to understand how you use the Service and how we can improve the Service’s functionality and privacy and security measures.

Reports

We periodically prepare analyses and reports reflecting our visitor and member use of the Service and other services. In preparing these reports, we may combine and analyze the Personal Information you provide to us with information from other sources. However, these reports will only include aggregate information about visitors and members. The information in these reports will not identify you individually and any business partner with whom such reports may be shared will not be able to contact you based on the information contained in the reports.


Disclosures of Your Information

We may disclose information we obtain about you in compliance with this Privacy Policy.

Personally Identifiable Information

We may share or disclose your personally identifiable information in the following instances:

  • To fulfill a service to you (e.g. advertising and marketing to you through the Service);
  • To send you information, including news, events, job openings and related information that you have subscribed to receive;
  • To offer you products from our affiliates, strategic partners, or agents, or to assist such parties for research, administrative, and/or business purposes;
  • To unaffiliated third-party service providers, agents, or independent contractors who help us maintain our products and services;
  • To comply with law or, if in good faith we believe that such action is necessary to conform to the requirements of law, or comply with legal process served on us, and to protect and defend our rights or property, or act in urgent circumstances to protect the personal safety of you and our other visitors;
  • To third parties as part of a corporate reorganization process including, but not limited to, a merger, acquisition, or sale of all or substantially all of our assets;
  • To track and analyze non-identifying, aggregate usage and volume information from our visitors or members and provide such information to third parties;
  • To protect against fraud or potential fraud.

 

Non-Personally Identifiable Information

We may share or disclose your non-personally identifiable information for the purposes disclosed in this Privacy Policy or for any other legal purpose, including when and where applicable, sharing and disclosing non-personally identifiable information combined with personally identifiable information.

Legal Disclosure

We may disclose and share information about you and your use of the Service if we believe such disclosure is necessary to:

  • Comply with the law and/or legal process where a formal request has been made;
  • Protect or defend our rights and/or property and property of others;
  • Enforce our SmartSky Service Terms of Use and/or this Privacy Policy
  • Respond to claims that the content(s) of a communication violates the rights of another.

 

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Service may then be inaccessible or not function properly.
  • Promotional Offers from us or our nonaffiliated partners. If you do not wish to have your contact information used to promote our products or services, you can opt-out by sending us an email stating your request to support@smartskynetworks.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.

Accessing, Correcting, and Deleting Your Information

You may choose not to receive marketing email communications from us by clicking on the “unsubscribe” link in our marketing emails. You also may ask us not to send you other marketing communications by contacting us as specified in the “Contact Us” section below, and we will honor your request.We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.

Subject to applicable law, you may obtain a copy of Personal Information we maintain about you or request that we delete Personal Information we maintain about you by contacting us as indicated below. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information. In addition, if you believe that Personal Information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated below.


Objection to Processing

Under applicable law, you may have the right at any time to object to our use of your Personal Information for any direct marketing purposes, including profiling to the extent it is used for direct marketing. If we are processing your Personal Information based on our business interests, you may contact us and object to such processing by asserting that our interests do not override your interests, rights, and freedoms. You may exercise the rights set out in this paragraph by contacting us as set forth in the “Contact Us” section below.


Suspension of Processing

Subject to applicable law, you may have the right to request that we restrict the processing of your Personal Information, if:

  • you believe that the Personal Information we maintain about you is inaccurate, and you have asked us to verify the accuracy of such information as provided above;
  • you believe that your Personal Information has been unlawfully processed and you want us to restrict processing rather than erase your information;
  • we no longer need your Personal Information, but you need us to retain it in order to establish, exercise or defend a legal claim; or
  • you have objected to our processing of your Personal Information, as permitted under applicable law,, and we are considering the grounds of your objection.

Data Security

We have implemented measures to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Before we receive and store information, we make reasonable efforts to ensure the security of our systems. We use firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such firewalls or secure server software.The safety and security of your information also depends on you. Where you have chosen a password to access the Service, you are responsible for keeping this password confidential. We ask that you not share this password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted via our Service. Any transmission of Personal Information is done at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Service.


Retention and Deletion

Personally identifiable information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. We will retain your personally identifiable information as follows: name, email address, phone number, job title, company name, and aircraft identifying information will be retained for so long as you are a customer of SmartSky and/or are otherwise using the Service, and for a minimum period of 30 days following the date that you cease to be a SmartSky customer or otherwise cease using the Service (whichever is longer), and for a maximum period of 60 months following the date that you cease to be a SmartSky customer or otherwise cease using the Service (whichever is longer). In some cases it is not possible for us to specify in advance the periods for which your personally identifiable information will be retained. In such cases, we will determine the period of retention based on the following criteria: the period of retention of name, email address, phone number, job title, company name will be determined based on the nature of the inquiry information included within the contact form submission, or lack thereof. Notwithstanding the other provisions of this section, we may retain your personally identifiable information where such retention is necessary for compliance with a legal obligation to which we are subject, or to protect your vital interests or the vital interests of another natural person.


Children Under the Age of 16

Our Service is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Service. We do not knowingly collect Personal Information from children under 16. If you are under 16, do not use or provide any information on our Service or on or through any of its features/register on the Service, use any of the interactive or public comment features of this Service or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 16 years of age without verification of parental consent, we will delete the information. If you believe we might have any information from or about a child under age 16, please contact us at support@smartskynetworks.com.


Third Party Links

The Service may contain links to webpages operated by parties other than SmartSky. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the User to take precautions to ensure that whatever links the User selects or software the User downloads (whether by using the Service to access websites or otherwise) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Other websites and services may have their own privacy policies, which the User will be subject to upon linking to the other third party’s website. SmartSky strongly recommends that each User review the other third party’s terms and policies.


Do Not Track (DNT) Signals

Our Service does not respond to Do Not Track (DNT) signals. Some third party websites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies.


Information for California Residents

California residents are entitled to contact us to request information about whether we have disclosed Personal Information to third parties for the third parties’ direct marketing purposes. We do not disclose Personal Information to third parties for the third parties’ direct marketing purposes. California customers may request further information about our compliance with this law by e-mailing us at the address listed in the “Contact Us” section. California residents may also request at any time that we not sell their Personal Information to any third party, other than as permitted under applicable law.


Compliance and Cooperation with Regulatory Authorities

We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data if we cannot resolve the matter with our customers directly. Subject to applicable law, you also have a right to communicate directly with appropriate regulatory authorities if you believe we are in violation of your rights under applicable law.


Transfers

Your Personal Information may be transferred to countries outside of the country in which we collect it, including to the United States. If we transfer your information to a country outside of the country in which we collect it, we will comply with applicable law, including any requirements related to ensuring that data is transferred with appropriate safeguards.


Changes to this Policy

From time to time, we may make changes to this Privacy Policy in order to accommodate new technologies, platforms, industry practices, regulatory requirements, new developments or for other purposes. We encourage you to review this Privacy Policy periodically to ensure that you understand how we collect, use, and share information through the Service. If we do make changes to this Privacy Policy, we will notify you as required under applicable law, and we will also update the “Effective Date” posted at the top of this Privacy Policy.

Any changes to this Privacy Policy will become effective when the revised Privacy Policy is available on the Service. By continuing to use the Service following such changes, you are agreeing to accept the terms of the revised Privacy Policy.


Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: support@smartskynetworks.com.

 

Last Updated: February 24, 2020

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Welcome to the SmartSky Networks®, LLC (“SmartSky”) website (the “Website”). SmartSky provides access to the Website to you subject to the following Terms of Use (“Terms of Use”). The Website contains text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information and other content, as well as available features or services discussed, referenced, provided or offered through or on the Website. THESE TERMS OF USE MAY BE UPDATED FROM TIME TO TIME WITHOUT NOTICE AT SMARTSKY’S DISCRETION UPON POSTING THE REVISED TERMS OF USE ON THE WEBSITE. BY ACCESSING AND USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND TO UTILIZE THE WEBSITE IN COMPLIANCE WITH THESE TERMS OF USE.


ELIGIBILITY

You represent and warrant that you are 18 years of age or older or using the Website under the supervision of a parent or guardian. You represent and warrant that the information you submit to SmartSky is true and accurate and that your use of the Website will not violate any applicable law or regulation.


PRIVACY

SmartSky collects registration and other information about you through your use of the Website. SmartSky’s collection and use of this information is governed by SmartSky’s Privacy Policy, available at https://www.smartskynetworks.com/privacy-policy/, which is expressly incorporated as a term of these Terms of Use.


LICENSE AND SITE ACCESS

SmartSky grants you a limited, revocable, nontransferable, nonexclusive license to access and use this Website. You may not modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Website or any portion of the Website without the express written consent of SmartSky. Neither this Website nor any portion of this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Except as may be authorized by SmartSky, you may not resell or make commercial use of this Website or its contents, or of any product or service listings, descriptions, or prices, or make any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly provided herein, you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, video, or form) of SmartSky without its express written consent. You may not use any meta tags or any other “hidden text” utilizing SmartSky’s name or trademarks without the express written consent of SmartSky. You may not use the Website in such a manner that threatens the integrity, security, performance, or availability of the Website. You must retain, without modification, all proprietary notices on the Website or affixed to or contained in the Website. Any unauthorized use, as determined solely by SmartSky, terminates this license.


SITE CONTENT

Other users of the Website may post certain information or provide opinions or advice as part of the Website. Information provided by users of the Website is solely the opinion of such users and does not express the opinions of SmartSky. When reviewing such information, you should not assume that the user is unbiased, independent, or qualified to provide the information or advice. SmartSky does not necessarily exercise editorial control over content created or posted by others. Where information contained on the Website comes from third parties, even where it may have been obtained by SmartSky, SmartSky makes no representations about the suitability of such content for any purpose. When reviewing any information on the Website including user- generated or provided by a third-party, it is important to understand that such information is not a guarantee by SmartSky, and that your actual experience may be different. Neither SmartSky nor any of its data or content providers guarantee the accuracy, completeness, or timeliness of information on the Website, and shall not be liable for any errors or delays in the content or for any actions taken in reliance thereon.


CUSTOMER SUBMISSION OF CONTENT TO THE WEBSITE

SmartSky may, from time to time, permit Users of the Website to post comments or information on the Website. If you do so, in consideration of your use of the Website, you agree as follows with respect to content submitted:

  • You are the sole author any content you post and that you have all necessary intellectual property rights with regard to the content you post;
  • you have voluntarily waived all “moral rights” that you may have in such content;
  • you have posted all accurate and truthful content;
  • you are at least 13 years old; and
  • use of the content you supply does not violate the Terms of Use and will not cause injury to any person or entity.

Additionally, all content submitted by you shall not:

  • Be false, inaccurate, or misleading;
  • infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • violate any law, statute, ordinance or regulation (including but not limited to those governing consumer protection, unfair competition or false advertising);
  • be (or be reasonably considered to be) defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation;
  • include any information that references other websites, addresses, email addresses, contact information or phone numbers; or contain any computer viruses, worms or other potentially damaging computer programs or files.

You further agree that SmartSky (and its officers, directors, equity owners, agents, creditors, subsidiaries, joint ventures, employees and third-party service providers) is not legally responsible for any and all kinds of claims, demands, and damages (actual, incidental and consequential). This may include but is not limited to attorneys’ fees arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

With regard to all content submitted by you, SmartSky is hereby granted a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete fully, adapt, publish, translate, create derivative works from and/or sell and/or distribute and/or incorporate such content into any form, medium, or technology anywhere in the world without compensating you.

All submitted content may be used at SmartSky’s sole discretion. According to the exclusive determination of SmartSky, any content deemed in violation of these guidelines or any other condition of these Terms of Use may be condensed, changed, or deleted. SmartSky cannot guarantee that you will have the opportunity to edit or delete any submitted content. SmartSky reserves the right to remove or refuse to post any submission for any reason. There is no obligation of confidentiality on the part of SmartSky regarding any content you submit and you acknowledge that you, not SmartSky, are responsible for the contents of your submission.


SUBMISSIONS

You acknowledge that you are responsible for the information and material that you submit or transmit to the Website (your “Submissions”), and that you, and not SmartSky, will retain full responsibility for each of your Submissions, including its legality, reliability, appropriateness, originality, and copyright. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content and may not post material that

consists of or contains political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not upload to, distribute, or otherwise publish through the Website any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, hateful, or racially, ethnically or otherwise objectionable, or could give rise to any civil or criminal liability under U.S. or international law; (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties or (d) you were compensated for or granted any consideration for by any third party. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization. Harassment in any manner or form on the Website, including via e- mail, chat, or by use of obscene or abusive language, is strictly forbidden.

Unless otherwise expressly stated herein or in SmartSky’s Privacy Policy, you agree that any Submission provided by you in connection with your use of the Website is provided on a non- proprietary and non-confidential basis. SmartSky reserves the right (but not the obligation) to remove or edit any Submission.

All Submissions become the property of SmartSky and by submitting a Submission you hereby automatically assign to SmartSky any and all rights of ownership to the Submission. SmartSky has the right to use, copy, reproduce, modify, adapt, transmit, publish, translate, distribute, create derivative works from, and display your Submissions in any way as SmartSky sees fit, in whole or in part, in any form, media and technology now known or later developed. You acknowledge that your Submission will not be returned and that SmartSky may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose and without any right to receive notice of, or to inspect or approve, any use of the Submissions. You grant SmartSky and its sublicenses the right to use the name that you submit in connection with such content, if they choose. You further represent and warrant that immediately prior to making a Submission: (i) you own all right, title, and interest in such Submissions, and (ii) the posting of your Submissions on or through the Website does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.


PRODUCT DESCRIPTIONS

SmartSky attempts to be as accurate as possible. However, SmartSky does not warrant that product descriptions, product prices or other content of this Website are accurate, complete, reliable, current, or error-free. If a product offered by SmartSky itself is not as described, your sole remedy is to return it in unused condition.


INTERNATIONAL ACCESS

This Website may be accessed from countries other than the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.


COPYRIGHT

All content included on this Website, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of SmartSky or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of SmartSky and protected by U.S. and international copyright laws. All software used on this site is the property of SmartSky or its software suppliers and protected by United States and international copyright laws.


TRADEMARKS

SmartSky Networks® and other SmartSky graphics, logos, page headers, button icons, and scripts are trademarks, service marks, registered trademarks, registered service marks or trade dress of SmartSky in the U.S. and/or other countries. SmartSky’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not SmartSky’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SmartSky. All other trademarks not owned by SmartSky that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SmartSky.


COPYRIGHT COMPLAINTS

SmartSky respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SmartSky with the written information specified below:

  • The name, address, telephone number of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please note that this procedure is exclusively for notifying SmartSky that your copyrighted material has been infringed.


DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMARTSKY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SMARTSKY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE AND WEBSITE CONTENT, AND YOU RELY ON THE SERVICE AND WEBSITE CONTENT AT YOUR OWN RISK. SMARTSKY DOES NOT WARRANT THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS, OR E-MAIL SENT FROM SMARTSKY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMARTSKY OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.


LIMITATION OF LIABILITY

SMARTSKY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


INDEMNIFICATION

You agree to defend, indemnify and hold harmless SmartSky, and its directors, equity owners, employees, agents, independent contractors, service providers and consultants (collectively, the “Indemnified Parties”) from and against any third party claims, damages, loss, liability, costs and expenses, including reasonable attorney’s fees, arising out of your use of the Website and any

discussion forums or interactive areas contained herein, including any actual or threatened suit, demand, or claim made against any of the Indemnified Parties arising out of or relating to your use of the Website, your Submissions, your violation of these Terms of Use, or your violation of the rights of any third party. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.


NOTICES

Agreements, notices, disclosures and other communications to which these Terms of Use refer will be posted from time to time on this Website.


REMEDIES

You agree that SmartSky’s remedy at law for any actual or threatened breach of these Terms of Use would be inadequate and that SmartSky shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that SmartSky may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including attorneys’ fees. No right or remedy of SmartSky shall be exclusive of any other, whether at law or in equity, including damages injunctive relief, attorneys’ fees and expenses. No instance of waiver by SmartSky of its rights or remedies under these Terms of Use shall imply any obligation to grant any similar, future or other waiver.


APPLICABLE LAW

This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of North Carolina, excluding that body of law known as choice of law, and shall be binding upon the parties hereto in the United States and worldwide. All disputes with respect to this Agreement shall be brought and heard either in the North Carolina state courts located in Mecklenburg County, North Carolina, or the Federal District Court for the Western District of North Carolina located in Mecklenburg County, North Carolina. The parties to this Agreement each consent to the in personam jurisdiction and venue of such courts. The parties agree that service of process upon them in any such action may be made if delivered in person, by courier service, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arises.


SITE POLICIES, MODIFICATION, AND SEVERABILITY

SmartSky reserves the right to make changes to our Website, policies, and these Terms of Use at any time. If any of these provisions shall be deemed invalid, void, or for any reason

unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.


CONTACTING SMARTSKY

If you have any questions or concerns about the Website or these Terms of Use, you can reach SmartSky through the following mailing address, telephone number or email:

SmartSky Networks, LLC 430 Davis Dr., Suite 350 Morrisville, NC 27560 1-800-660-9982 info@smartskynetworks.com

© 2020 SmartSky Networks, LLC