- Public Offer
Airtribune.com Privacy and User Information Protection Policy
1. General Provisions.
1.1. The Rules of Airtribune.com Privacy and User Information Protection Policy (hereinafter - Rules) constitute an official document of the Company Airtribune, having its registered office at: Mellifera, Church Road, EX5 2TF, United Kingdom (hereinafter – Website Administration) which determines the procedure for processing and protection of the information on individuals using services of the website
(hereinafter - Website) and its features (hereinafter – Users).
1.2. The purpose of these Rules is to establish the mode of use and processing of the User’s personal data as well as ensuring the proper protection of the user information, including personal data, from an unauthorized access and disclosure.
1.3. Relations associated with collection, storage, distribution, and protection of the Website user information shall be governed by these Rules and the Council of Europe Convention on Cybercrime (ETS N 185) signed on November 23, 2001 in Budapest.
1.4. Rules as amended, being a public document, are available to every Internet user by following the link http://airtribune.com/docs/privacy. The Website Administration is entitled to amend these Rules. If there are any amendments to these Rules, the Website Administration shall notify the users of them by posting the amended Rules on the Website permanent address http://airtribune.com/privacy. The previous versions of the Rules shall be kept at the Website Administration document archives.
1.5. These Rules are developed and used according to the Public Offer for Provision of Access to the «Airtribune» E-service posted on the Website at: http://airtribune.com/terms.
1.6. When signing up for and using the Website, the User agrees to the terms and conditions of these Rules.
1.7. If the User dissents from the terms and conditions of these Rules, the use of the Website and its features shall be discontinued immediately.
2. Website Terms and Conditions of Use.
2.1. When rendering services for the use of Website and its features (hereinafter – Website Services), the Website Administration, acting reasonably and in good faith, believes that the User:
• has all necessary rights allowing him/her to sign up for and use this Website;
• states true information on himself/herself as required to use the Website Services;
• has read and understood these Rules as well as agrees to them and undertakes all rights and obligations specified herein.
2.2. The Website Administration does not check the accuracy of received (collected) user information; all risks of stating unreliable User information shall rest with the User.
3. Purposes of Information Processing.
3.1. The Website Administration shall process the User information as well as his/her personal data in order to fulfill obligations of the Website Administration to the Users related to the use of Website and its features, including for the following purposes:
- correct User sign-up for the contest;
- provision of information to the User on the progress of contests as well as on geolocation of sportsmen participating in them;
- possibility of rending assistance in case of emergencies, including those threatening the life and health of the User during contests;
- possibility of providing information to those specified by the User as the contact persons in case of emergencies;
- determination of the possibility of offering additional services and features as a part of the contest.
- occasional Newsletter providing information about services and features
3.2. The Website Administration confirms that the usage of the User’s personal data for the purposes not provided herein is prohibited.
4. Composition of the User Information.
4.1. The User’s personal data include:
4.1.1. minimum data provided by the Users and necessary to sign up for the Website:
E-mail address/Sex/Date of Birth/Password;
4.1.2. data provided by the Users via “Pilot Profile” section: State/Postal Code/ City/ Address/ Mobile Number/ International Air Sports Federation (FAI) License Number/ ID Number of the International Gliding Commission (CIVL) of FAI / T-shirt Size/ Paraglider Manufacturer (unique for each contest)/ Paraglider Model (unique for each contest)/ Paraglider Color (unique for each contest)/ Sponsor (unique for each contest)/ Insurance Company/ Insurance Policy Number/ Full Name in Native Language / Name of Contact Person in Case of Emergency / Contact Phone Number in Case of Emergency / Blood Group
4.1.3. data on the contest context provided by the Users: Tracker (IMEI number given to device in a system)/ Mobile Number / Paraglider Manufacturer / Paraglider Model / Paraglider Color / Pilot Number - (unique within the context of the contest)/ Contest Participant Status (Waiting List, Confirmed, etc.).
4.1.4. The User can provide information on his/her location using mobile app by transmitting it to the Website.
4.2. Also the Website Administration processes other User information which includes:
4.2.1. standard data automatically received by the http-server when getting access to the Website and subsequent User actions (IP-address of a host, type of the User’s operational system, Website pages visited by the User).
4.2.2. information automatically received when getting access to the Website using bookmarks (cookies).
4.2.3. information received as a result of the User actions on the Website (in particular regarding information on geopositioning). This User information can be available to other Users and Website Guests in the Website sections according to the User settings.
5. Processing of the User Information.
5.1. Personal data processing shall be carried out based on the following principles:
а) lawfulness of purposes and modes of the personal data processing;
b) good faith;
c) conformity of the purposes of the personal data processing to the purposes determined and declared in advance when collecting data as well as to the Website Administration powers;
d) conformity of the volume and nature of the personal data being processed, modes of the personal data processing to the purposes of the personal data processing;
e) inadmissibility of integration of the personal databases created for the purposes incompatible with each other.
5.2. The Website Administration processes the User’s personal data in order to perform the Contract for the Website Services entered into by and between the Website Administration and the User (clause 3.1. of the Public Offer for Provision of Access to the «Airtribune» E-service http://airtribune.com/terms).
5.3. The User’s personal data collection shall be carried out on the Website when signing up and thereafter when the User states, at his/her own discretion, additional data about himself/herself using the Website tools.
5.4. The User’s personal data shall be kept on the electronic media solely and processed using automated systems, except when the non-automated personal data processing is necessary to comply with the requirements of law.
5.5. The User’s personal data shall not be transferred to any third parties.
5.6. The User’s personal data shall be destroyed when:
– the User removes data from the personal page by himself/herself;
If the User removes the personal page by himself/herself, the Website Administration shall keep the User’s personal data on its electronic media during 210 days from the date of the personal page removal. Personal data shall be destroyed upon expiration of 210 days from the date of the personal page removal. Prior to expiration of the specified term the User is entitled to restore his/her personal page.
6. Rights of the Users.
The Users are entitled to:
6.1. exercise an unimpeded free-of-charge access to his/her personal information by downloading their personal pages on the Website using username and password;
6.2. amend and modify their personal information on the User’s personal page on the Website, provided that such amendments and modifications will be entered prior to contests;
6.3. determine the confidentiality mode as well as terms and conditions of access to information specified in the clause 4.1.4. of these Rules by means of corresponding settings. The Website Administration shall take technical and organizational measures to ensure functioning of the corresponding Website tools;
6.4. choose a geopositioning device by themselves.
7. Measures To Protect the User Information.
7.1. The Website Administration shall take technical as well as organizational and legal measures to ensure the User’s personal data protection from unlawful or accidental access, destruction, amendment, blocking, copying, distribution, and other unlawful actions.
7.2. The username (e-mail address) and password are used for authorization of access to the Website. The User shall be liable for integrity of this information. The User is not entitled to transfer his/her own username and password to the third parties as well as he/she shall take measures to ensure their confidentiality.
8. Limitation of the Rules.
8.1. These Rules shall not apply to actions and web-resources of the third parties.
9. Requests of the Users.
9.1. The Users are entitled to send requests in writing to the Website Administration to address: Mellifera, Church Road, EX5 2TF, United Kingdom or in the form of e-document signed by the certified digital signature according to law to e-mail address:
9.2. Request sent by the User shall contain the following information:
• number of the main User’s or his/her representative’s identity document;
• information on the date of issue of the specified document and on the issuing authority;
• signature of the User or his/her representative.
9.3. The Website Administration undertakes to process and send a response to request submitted by the User within 30 days from the date of receipt.
9.4. All correspondence received by the Website Administration from the Users (written or e-requests) is deemed confidential information and shall not be disclosed without written consent of the User. Personal data and other information on the User who sent a request shall not be used without special consent of the User other than for response according to the subject of request or in cases expressly provided for by law.
The separate consent of the User for the processing of his/her personal data is required by law.
for provision of access to the “Airtribune” e-service
This offer (hereinafter – “Offer”) is an official public offer of Airtribune to enter into the Contract for Provision of Access to the “Airtribune” E-service.
Viewing and any other usage of the Performer’s Website by the User is deemed complete and unconditional acceptance of this public offer.
The offer acceptance means that the User agrees to all provisions specified herein and undertakes to comply with them. From the date when the User accepts this offer it is deemed a Contract entered into by and between the Performer and the User on the terms and conditions set forth herein and in the Rules for the provision of services specified on the Performer’s Website.
An offer is available on the Website: http://airtribune.com/terms.
For more details on the Airtribune.com Privacy and User Information Protection Policy, please refer to http://airtribune.com/privacy.
1. Terms and Definitions.
All terms and definitions used herein shall have the following meanings:
Services means an access to the Performer’s E-service through the Internet provided to the User by means of free-of-charge and paid requests of the User.
Website means a Website identified by the domain name (address) http://airtribune.com owned and operated by the Performer.
Registered User means the User who underwent the sign-up process on the Performer’s Website which includes the complete filling in by the User and sending of the registration form posted on the Performer’s Website, and if the Performer has no objections to the User sign-up, a username and a password will be given to the User for access to his/her Personal Account.
Personal Account means the Performer’s Website section available to the Registered User through which the Registered User manages his/her profile (account) and can view actions associated with the use of the Performer’s Website.
Authorization means entering of a username and a password by the Registered User for access to his/her Personal Account.
Performer means Airtribune operating the Performer’s Website and providing Services to the Users.
E-service means a totality of databases and other results of intellectual activities used by the Performer when rendering Services to the Users.
Device means any technical device of the User allowing him/her to View the E-service and to use other Internet Services on the Performer’s Website, including, but not limited to, the computer (personal computer, inter alia, desktop, notebook, netbook, Web tablet), cell/mobile phone; smart phone; communicator and other similar Internet-connected devices.
Viewing means a successful access by the User to the E-service on the Internet during which the User can examine information contained in the E-service directly on the Performer’s Website via Device from anywhere in the world and at any time at his/her option. When Viewing the E-service, the User obtains information on the E-service content without sending Requests.
2.1. The User sign-up and storage of his/her personal information (according to the Airtribune.com Privacy and User Information Protection Policy).
2.2. Possibility for the User to create a contest page (in the unified international multilingual format), to administer it as well as to:
2.2.1. Post the contest information;
2.2.2. Post the contest map;
2.2.3. Post the contest blog;
2.2.4. Register participants/post the list of participants;
2.2.5. Post the page of contest results;
2.2.6. Create the file of the turning points for contest;
2.2.7. Set the sports tasks based on the turning points;
2.2.8. Bind the tracker package for the live tracking of sportsmen;
2.2.9. Bind the private or mobile trackers of sportsmen for the live tracking;
2.2.10. Show races in 2D and 3D players;
2.2.11. Work with tools for the division for pickup of pilots after landing and transporting them to the contest office after the flight task.
2.3. Functions of the User’s sports diary:
2.3.1. Management of the sportsman data – questionnaires, sponsors, etc.;
2.3.2. Binding and management of tracking devices;
2.3.3. Contest sign-up management;
2.3.4. Storage and management of own tracks, possibility to supplement tracks with description and media materials;
2.4. Functions for clubs;
2.5. Databases of the special-purpose sports grounds.
3. Subject of the Contract.
3.1. The Performer undertakes to provide the User with access to «Airtribune» e-service on the terms and conditions provided herein, and the User undertakes to duly comply with the terms and conditions provided herein as well as to pay the cost of paid services in a proper way and to the fullest extent.
4. Procedure for Provision and Payment for Services.
4.1. In order to gain access to the E-service for Viewing and sending free-of-charge request the User is required to sign up for the Performer’s Website.
4.2. In order to obtain a possibility to send the Paid Request and use other Services the User is required to sign up for the Performer’s Website and pay the cost of the Paid Request.
5. User Sign-Up.
5.1. In order to sign up for the Performer’s Website the User undertakes to provide the Performer with the Registration Form (Application Form) by filling it in with the true, complete and accurate personal information as well as to keep it update.
5.2. The User agrees that actions done on the Website after the Registered User Authorization (using his/her username and password) shall be deemed the Registered User actions.
5.3. When signing up for the Performer’s Website, the User consents that the Performer will use the User’s data specified by him/her during the sign-up for processing (systematization, collection, storage, refinement, usage, destruction) in order to ensure the provision of access to the e-service by the Performer’s Website as well as to rendering information assistance to the Registered User.
5.4. When signing up for the Performer’s Website, the User consents to receipt of information messages to the e-mail address specified during the sing-up process.
5.5. The Registered User shall be held liable for the safety of username and password as well as for all actions done by the Registered User after Authorization.
6. Terms and Conditions of Sending Free-of-Charge Request by the User
6.1. The User is entitled to use the E-service for commercial purposes by means of free-of-charge Requests.
7. Terms and Conditions of Payment for the User’s Paid Requests
7.1. The User is entitled to use the E-service through the private Viewing by means of paid Requests.
7.2. Payment for the User’s Paid Requests shall be made on the E-service website by means of the generally available electronic payment means and services.
7.3. The User gains access to the E-service information provided by means of sending Paid Request after receipt of corresponding confirmation of payment on the Performer’s Website. Upon payment the messages from the Performer’s Website confirming the fact of payment and disclosure of information provided by sending Paid Request will be additionally sent to the User’s e-mail address.
7.4. The Performer can, at any time and without prior notice to the User, change the cost as well as terms and conditions for provision of information furnished by means of sending Paid request, and the List of information furnished by means of sending Paid request as well as information furnished by means of sending Free-of-charge request.
7.5. When making payment for the Paid request, the User agrees that the quality of Viewing the E-service as well as quality of information furnished by means of sending Paid request depends on the Internet network speed. The Performer can not guarantee the satisfactory quality of Viewing and information furnished by means of sending Paid request if the speed of the E-service transmission through the Internet is less than 1 Mbit/s.
8. Rights of the Performer.
8.1. The Performer shall reserve a right to change or delete any information posted on the Performer’s Website at his/her own discretion as well as to suspend, limit or discontinue access of the User to all or any of sections or services of the Performer’s Website at any time, for any reason or without giving any reason, with or without prior notice, with no liability for any harm which can be inflicted to the User by such action.
8.2. The Performer is entitled to impose any limitations on the use of the Performer’s Website, E-service, to amend this Contract unilaterally and at any time by posting the Performer’s Public Offer as amended on the Website without obtaining the User’s consent.
8.3. The Performer is entitled to place advertising and/or other information in any section of the Performer’s Website without approval of the User.
8.4. If the User violates the terms and conditions contained herein, the Performer is entitled to suspend, limit or discontinue access of such User to all or any of sections and/or services of the Performer’s Website unilaterally, at any time, with or without giving any reason, with or without prior notice, with no liability for any harm which can be inflicted to the User by such actions (as well as to terminate the Contract by deleting the User data from the Website).
9. Obligations of the User.
The User undertakes:
9.1. not to do actions aimed at gaining access to another’s Personal Account by guessing username and password, attack or other actions.
9.2. to evaluate accuracy, reliability, completeness or usefulness of data by himself/herself as well as to bear all risks related to the use (impossibility of use) of the E-service by himself/herself, and liability to the third parties for his/her actions when using the E-service and data, including for the fact that actions comply with the requirements of law and do not violate the rights and legal interests of the third parties.
9.3. The User undertakes not to create both Paid and Free-of-Charge Requests using automation means and automated programs as well as not to violate, block or otherwise inflict damage to any Website safety means or means preventing from or limiting the use or copying of any information from the E-service or those imposing limitations on the use of E-service in any other fraudulent way.
10. Limitation of Liability.
10.1. The E-service (as well as Data and other information received by means of it) shall be provided by the Performer “as is”. The Performer shall not guarantee the conformity of E-service and information contained therein to the purposes and expectations of the User, uninterrupted and error-free operation of E-service generally and of its certain components and/or functions as well as the Performer shall not guarantee accuracy, reliability, completeness and timeliness of data obtained by means of E-service.
10.2. The Performer shall not be liable for interruptions in its operation (including emergency, scheduled interruptions), insufficient quality or speed of data provisioning, complete or partial loss of any data posted on the Performer’s Website or infliction of any other damages arisen or which could arise when using the Performer’s Website.
10.3. The Performer shall not be liable for impossibility of storage, incorrect or timeless provision of any data and information.
10.4. The Performer shall provide no guarantees, what means:
- the Performer shall assume no liability for the E-service content as well as for conformity of the E-service to the purpose of the User;
10.5. The Performer shall not guarantee that the E-service will correspond to the User’s requirements; that access to the E-service will be provided uninterruptedly, rapidly, reliably and without faults; that the quality of any information posted on the E-service will correspond to the expectations of the User;
10.6. For the avoidance of doubt the User shall comply with the protective measures when using the E-service on mobile devices.
10.7. Under no circumstances the Performer shall be liable to the User or any third parties for consequential, accidental, occasional loss, harm or damages, including loss of profit, moral harm, injury to honor, dignity or reputation caused by: the use of E-service or impossibility of access to it, unauthorized access to the User’s communications, representation or conduct of any third party on the Website.
11. Final Provisions.
11.1. The Performer shall reserve a right to amend or discontinue functioning of the Performer’s Website and/or access to the E-service provided on it without prior notice and any obligations to the User as well as to amend the terms and conditions for gaining access to the E-service and its placement by posting on the Performer’s Website.
11.2. The User hereby confirms that he/she has reached the age of 18, he/she is fully capable and no guardianship of any kind has been instituted over him/her.
11.3 The User and the Performer agree that all disputes and differences which can arise out of this Contract or in connection with it shall be settled by negotiations. If no agreement is reached, all disputes related to this Contract shall be settled according to the laws of England & Wales.
11.4. If any provision of this Contract is held invalid or unenforceable by the court, it shall not entail invalidation or unenforceability of other provisions contained herein.
11.5. Failure to act on the part of the Performer in the event of violation of any provisions contained herein by the User shall not deprive the Performer of the right to take corresponding actions to protect interests later as well as it shall not be deemed a waiver of the Performer’s rights in the event of similar or analogous violations in future or violation of other provisions contained herein.
11.6. Legal relations arising in connection with this Contract shall be governed by the Council of Europe Convention on Cybercrime (ETS N 185).
11.7. The User acknowledges and agrees that the use, indication or posting any data on organizations, enterprises, persons, services on the E-service, including signs and/or links as a part of E-service data shall be of informative character only and not an expression of certain support, approval or recommendations on the part of the Performer.
11.8. Results of intellectual activities (design elements, graphic images, illustrations, computer programs, databases, commercial names, trademarks, etc.) posted on the Performer’s Website shall be owned by the Performer and/or used by the Performer according to the License Agreement entered into with the corresponding right holder. Another use, except viewing (as well as copying, reprocessing, etc.) shall be considered violation of this Contract and shall be subject to legal action.