Airspace Link General Privacy & Cookie Policy

Updated April 2021

1. Introduction

At Airspace Link, Inc., we care about your privacy and want you to be familiar with how we collect, use and share information in connection with the Airspace Link Services, as defined herein. This Privacy & Cookie Policy (General) (the “Policy”) describes our practices in connection with information and Personal Information that we collect, use and share through the Airspace Link website (currently www.airspacelink.com) and any successor website, on both desktop and mobile web browsers (the “Website”); through the services we provide to you, including without limitation any applications made available by us for use on or through computers and mobile devices (the “Apps”); through any drone or unmanned aircraft systems (“UAS”) that you own or operate and that is used in connection with any of our services (each, a “Drone”); and through HTML-formatted email messages that we send to you (collectively, including the Websites, the Apps and Drones, the “Services”). By providing Personal Information to us, using our Services, or creating an account you agree to the terms and conditions of this Policy.

2. Collecting Your Personal Information

We collect information about you in a range of forms, including Personal Information. As used in this Policy, “Personal Information” is as defined in the California Consumers Privacy Act (CCPA) as amended, and any successor legislation in California, or as the term (or a similar term) may be used in other applicable privacy laws or regulation; this includes any information which, either alone or in combination with other information we hold about you, identifies you as an individual.

We collect information about you in the following ways:

Information You Give Us. This includes, without limitation:

• any Personal Information you choose to provide when you register to use, contract for, access and use our Services;
• the Personal Information that may be contained in any submission you upload or post to the Services;
• the Personal Information you provide in connection with our promotions we run with the Services;
• the Personal Information you provide when you report a problem with the Services, ask us to contact you or when we provide you with customer support;
• the Personal Information you provide when you correspond with us by phone, email or otherwise;
• the Personal Information you provide when you operate a Drone; and
• any additional information, such as your preferred means of communicating with us.

Information from Social Networking Sites. Our Services include(s) interfaces that allow you to connect with social networking sites (each a “SNS”). If you connect to a SNS through our Services, you authorize us to access, use and store the information that you agreed the SNS could provide to us based on your settings on that SNS. You can revoke our access to the information you provide in this way at any time by amending the appropriate settings from within your account settings on the applicable SNS.

Information We Get from Others. We may also get information about you from other sources. We may add this to information we get from our Services.

Information Automatically Collected. We automatically log Personal Information about you and your computer or mobile device when you access the Services, including:

• Through your use of the App: When you download and use the App, we may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
• When visiting our Services: We may log your computer or mobile device operating system name and version, manufacturer and model, browser type, browser language, your Media Access Control (MAC) address, screen resolution, the website you visited before browsing to our Services, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Services.
• IP address: Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider.

Drone information: When you use a Drone, we may collect its physical location, including its flight path, by, for example, using satellite, cell phone tower of WiFi signals. We may also collect a serial number or other information that identifies the Drone.

Physical location: We may collect the physical location of your mobile device by. We may use your device’s physical location to provide you with personalized location-based services and content. You may be able to allow or deny such uses of your device’s location, but, if you do, we may not be able to provide you with the applicable personalized services and content.

Low Altitude Authorization and Notification Capability (LAANC). The information that we either send to the FAA or receive from the FAA. LAANC data includes: (a) Personal Information that is collected, handled, shared, or stored, for the purpose of processing or managing LAANC authorizations (e.g., the operator’s first name, last name, phone number, and email address); and (b) all non-Personal Information collected, handled, shared, or stored, for the purpose of processing and managing LAANC authorizations.

Other Information We May Collect: “Other Information” is information that does not reveal your specific identity or does not directly relate to an individual.

3. Cookies.

We may collect information using “cookies.” Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on the Services.

Cookies We Use. We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits the Services; and (2) third party cookies, which are served by service providers on the Services, and can be used by such service providers to recognize your computer or mobile device when it visits other websites. Our Services use the following types of cookies for the purposes set out below:

• Essential Cookies: These cookies are essential to provide you with services available through our Services and to enable you to use some of its features.
• Functionality Cookies: These cookies allow our Services to remember choices you make when you use our Services.
• Analytics and Performance Cookies: These cookies are used to collect information about traffic to the Services and how users use the Services. We use this information to help operate our Services more efficiently, to gather broad demographic information and to monitor the level of activity on our Services. We may use Google Analytics or similar tools for this purpose. Google Analytics or similar tools uses their own cookies.

Disabling Cookies. You can typically remove or reject cookies via your browser settings. If you do not accept our cookies, you may experience some inconvenience in your use of our Services.

4. Do Not Track Signals.

Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to do not track signals.

5. Data Retention.

We may retain your Personal Data to fulfill the purposes outlined in this Policy for as long as needed, as allowed or as required by law.

6. Using Your Personal Information.

We and our service providers use Personal Information for the below purposes. We will engage in these activities to fulfill our contractual relationship with you, our legitimate interest and/or to comply with a legal obligation.

• Providing the Services and fulfilling your requests.
  • To provide the Services to you and providing you with related customer service.
  • To provide you with information about your Drone or its intended flight path, including access to authorizations from applicable authorities for particular areas and information about various advisories.
  • To verify your identity in connection with your use of a Drone.
  • To respond to your inquiries and fulfill your requests.
  • To complete your transactions.
  • To send administrative information to you, such as information regarding the Services and changes to our terms, conditions and policies.
  • To comply with the Federal Aviation Administration’s (“FAA”) requirements to provide LAANC services to you, whereby we, an unmanned aircraft system (UAS) Service Suppliers (USSs), is required to collect certain information from you and share it with the FAA in order to process your request for a LAANC authorization and for the FAA to ensure the safety of the National Airspace System.
• Providing you with our newsletter and/or other marketing materials and facilitating social sharing
  • To send you marketing related emails and other news about our company.
  • To send you surveys related to your use of our services.
  • To facilitate social sharing functionality that you choose to use.
• Analysis of Personal Information for business reporting and providing personalized services.
  • To analyze or predict our users’ preferences in order to prepare aggregated trend reports on how our digital content is used, so we can improve our Services.
  • To better understand you, so that we can personalize our interactions with you and provide you with information, content, products and/or offers tailored to you.
  • To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you.
• Aggregating and/or anonymizing Personal Information.
  • We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We may use aggregated and anonymized Personal Information for any purpose.
  • As we believe necessary or appropriate: (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others.
  • For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements.
  • For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft.
  • For enhancing, improving, or modifying our current products and services.
  • For identifying usage trends, for example, understanding which parts of our Services are of most interest to users.
  • For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users.
  • For operating and expanding our business activities, for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests.
  • As described in Section 7, “Sharing of your Personal Information” below.

7. Sharing Your Personal Information.

We may share your Personal Information as follows:

• Third Parties Designated by You. We may share your Personal Information with third parties where you have requested that we do so or provided your consent to do so.
• Our Third-Party Service Providers. We may share your Personal Information with our third-party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment information technology and related infrastructure provision, customer service, email delivery, auditing and other similar services. These third parties are only permitted to use your Personal Information to the extent necessary to enable them to provide their services to us. They are required to comply with appropriate security measures to protect your Personal Information.
  • If you make a payment through the Services, your Personal Information may be collected by a third party, and not by us, and will be subject to the third party’s privacy policy, rather than this Policy. We have no control over, and are not responsible for, this third party’s collection, use and disclosure of your Personal Information.
  • If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Policy.
• Affiliates. We may share some or all of your Personal Information with our affiliates, in which case we will require our affiliates to comply with this Policy.
• Corporate Restructuring. We may share Personal Information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
• Federal Aviation Administration. Subject to your consent via our in opt-in mechanism, we may disclose your LAANC Data with you and the FAA to provide you with Services, which includes processing or managing your request for a LAANC authorization, or as required by applicable laws or regulation. Should you no longer wish to share your LAANC Data with the FAA, you may contact us using the methods described below.
• Other Disclosures. We may share Personal Information as we believe necessary or appropriate: (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities to meet national security or law enforcement requirements, including public and government authorities outside your country of residence; (c) to enforce our Policy; (d) to enforce our terms and conditions; (e) to protect our rights, privacy, safety or property, and/or that of you, our affiliates or others; (f) to allow us to pursue available remedies or limit the damages that we may sustain.

8. Anonymous Data.

We may create anonymous data from the Personal Information we receive about you and other individuals whose Personal Information we collect. We may use this anonymous data for any purpose, including without limitation, to analyze usage patterns in order to make improvements to our Services.

9. Notice to European Users.

The Website and the Services on the Website or the Apps are targeted for users in the United States of America. Any information you enter may be transferred outside of the European Union to the United States of America which does not offer an equivalent level of protection to that required in the European Union. In particular, you are advised that the United States of America uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. Article 26 of the European Union’s Data Protection Directive (Directive 95/46/EC, 1995 O.J. (L 281) 31) allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his consent to the transfer of personal information, regardless of the third country’s level of protection. By using the Website or the Services, you consent to the transfer of all such information to the United States of America which may not offer an equivalent level of protection to that required in the European Union and to the processing of that information by us on its servers located in the United States of America as described in this Policy.

10. Security.

We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by contacting us using the details below.

11. Our Policy on Children.

Our Services are not directed to children under 16. If a parent or guardian becomes aware that his or her child has provided us with information without parental consent, he or she should contact us using the details below. We will delete such information from our files as soon as reasonably practicable.

12. Sensitive Personal Information.

Do not send us, and do not disclose, any sensitive Personal Information on or through the Services or otherwise to us.

13. Your CCPA Rights.

If you are a California resident, you may have certain rights related to the Personal Information we have collected from you, which may or may not be granted based on the circumstances, but only in compliance with applicable law.These rights may include the following:

Access to Specific Information and Data Portability Rights. You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of Personal Information we collected about you.
• The categories of sources for the Personal Information we collected about you.
• Our business or commercial purpose for collecting that Personal Information.
• The categories of third parties with whom we share that Personal Information.
• The specific pieces of Personal Information we collected about you (also called a data portability request).
• If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing: sales, identifying the Personal Information categories that each category of recipient purchased; and disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

Deletion Request Rights. You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
• However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

To exercise these rights, you or your authorized agent can reach out to us at privacy@airspacelink.com with your request. Please include your full name and email address along with why you are writing so that we can process your request in a timely manner. We aim to respond to a consumer request for access or deletion within 30 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.

14. Opt-Out.

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you. Simply click the "Opt-out" box at the time you provide Personal Information.Additionally, “Opt-out” instructions are contained in each special offer or marketing communication sent to you.Upon receipt and processing of an "opt-out" request, we will, within a commercially reasonable amount of time, remove your information from any listings used to provide you with special offers or marketing communications from us and our third parties in the future. Please note that we may occasionally contact you for administrative purposes even if you unsubscribe from our email list. Where you opt out of receiving these marketing messages, this will not apply to Personal Information provided to us as a result of service purchase, service experience or other transactions.

15. Complaints.

We are committed to resolve any complaints about our collection or use of your Personal Information. If you would like to make a complaint regarding this Policy or our practices in relation to your Personal Information, please contact us at privacy‌@airspacelink.com. We will reply to your complaint as soon as we can and in any event, within 60 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.

16. Contact Information.

We welcome your comments, requests, or questions about this Policy. You may contact us at privacy@airspacelink.com.