(For the Vendor Agreement, refer to the end of this document.)
Welcome to Go Aviate (“Company”, “we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at https://www.goaviate.net (together or individually “Service”) operated by Go Aviate.
Please read these terms of service (“Agreement”) carefully before using the services offered by GoAviate (the “Company”). This agreement applies to all visitors, users, buyers, sellers and others who access the services (as defined below).
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at firstname.lastname@example.org so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
By visiting the websites or using the services in any manner, you agree that you have read and agree to be bound by and a party to the terms and conditions of this agreement to the exclusion of all other terms. If the terms of this agreement are considered an offer, acceptance is expressly limited to such terms. If you do not unconditionally agree to all the terms and conditions of this agreement, you have no right to use the website or services (including any content). Access to the website and use of company’s services is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms.
Access to the Services
The www.goaviate.net website and domain name and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by the Company in connection therewith (collectively, the “Website”) are owned and operated by the Company. Subject to the terms and conditions of this Agreement, the Company may offer to provide certain services, as described more fully on the Website, and that have been selected by you (together with the Website, the “Services”), solely for your own use, and not for the use or benefit of any third party. The term “Services” includes, without limitation, use of the Website, any service the Company performs for you and the Content (as defined below) offered by the Company on the Website. The Company may at its sole discretion and without any liability change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
The Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
The Company does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Services. If you are under 18, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to the Company or on the Services. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at email@example.com
You represent and warrant to the Company that: (i) you can form a binding contract with GoAviate and if you are an individual (i.e., not a corporation) that you are of legal age to form a binding contract or have your parent’s permission to do so, and are at least 18 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services.
This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at firstname.lastname@example.org.
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Contests, Sweepstakes and Promotions
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Go Aviate cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting email@example.com customer support team.
A valid payment method is required to process the payment for your subscription. You shall provide Go Aviate with accurate and complete billing information that may include but not limited to full name, address, state, postal or zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Go Aviate to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Go Aviate reserves the right to terminate your access to the Service with immediate effect.
Go Aviate may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for Free Trial.
If you do enter your billing information when signing up for Free Trial, you will not be charged by Go Aviate until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Go Aviate reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.
Go Aviate, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Go Aviate will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
We issue refunds for Contracts within 7 days of the original purchase of the Contract.
Fees and paid services & Subscription plans
There are a variety of membership levels within GoAviate that allow you to access greater or all content on GoAviate.These membership levels may require monthly or yearly subscriptions. If you do not renew or pay these subscriptions in a timely manner, you will only be able to access the free sections of the GoAviate.
Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the pricing and payment terms as we may update them from time to time. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. The Company reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Return and Refund Policy
You may cancel your account with the Company at any time. Please review Company’s Refund Policy for information regarding the Company’s treatment of refunds and unused prepayments.
In the event that the Company suspends or terminates your account or this Agreement for any reason, you understand and agree that you shall receive no refund or exchange for any Content or Services, any credits you have saved, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.
Unless otherwise agreed by the parties in writing, the Company shall remit payments due to you no later than thirty (30) days after the end of each calendar month in which the applicable fees are received. Payment shall be in the form you select when you register for the Services, or as subsequently updated as permitted by the Services. Payments shall only be made in those months in which the amount due to you totals at least $100 and when payment has been requested. Unpaid amounts due shall accrue until the next month in which the amount due is at least $100.
The Company reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, or amounts due to any breach of this Agreement by you, pending the Company’s reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information.
Any third-party fees related to returned or canceled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Services. If you dispute any payment made hereunder, you must notify the Company in writing within thirty (30) days of such payment. Failure to so notify GoAviate shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by the Company. No other measurements or statistics of any kind shall be accepted by the Company or have any effect under this Agreement. We may withhold any taxes or other amounts from payments due to you as required by law.
The GoAviate Referral Program is available to all existing customers (Referring Customer) holding an active GoAviateaccount.
You must be 18 years or older to be part of this Program.
To be eligible for the GoAviate Referral Program the Referring Customer must refer to GoAviate a Referred Contact who is not an existing customer of GoAviate, or currently in negotiations with GoAviate about becoming a customer.
For a referral to be successful it must be made via the GoAviateReferral Program page on www.goaviate.net
If a person clicks a link, they have three months before the cookie expires. If they sign-up and make a prepayment or sign up for a subscription within that time, we will pay your Affiliate Program earnings. After 3 months, no Affiliate Program earnings apply.
Offer not valid and rewards are not payable for self-referrals
GoAviate reserves the right to cancel the GoAviate Referral Program without prior notice in its entirety or for a specific referrer at any time for any reason.
GoAviate reserves the right to change any rates of rewards or bonuses in the GoAviate Referral Program without prior notice for any reason.
All questions or disputes regarding eligibility for the GoAviateReferral Program will be resolved by GoAviate in its sole discretion.
We respect your privacy and so we collect and process all data in accordance with Danish data protection legislation currently in force.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
Go Aviate has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Go Aviate or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
The Services and its contents are intended solely for the personal use of Services and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to icons, text, graphics, articles, photographs, images, illustrations (also known as the “Content”), and which includes User Submissions (as defined below) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
Intellectual Property Rights
The Services are protected by copyright as a collective work and/or compilation, pursuant to copyright laws, intellectual property laws international conventions, and other proprietary rights and laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the Services for download) for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal use is expressly prohibited without prior written permission from Company or from the copyright holder identified in such Content’s copyright notice.
Responsibility for Content
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that the Company will not be liable for any errors or omissions in any content. You are sole responsible for any Content uploaded by you and warrant that you have all necessary rights, including any IPR, for uploading and sharing any content and granting the Company the rights above.
You understand that the Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, the Company cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
Restrictions, Warranties and Representations
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Company; or (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. The Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if the Company is concerned that you may have breached the immediately preceding sentence, or for no reason at all. You, not the Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to the Company and to grant the Company the rights to use such information in connection with the Services and as otherwise provided herein.
Responsibility for activity
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
You understand and agree that the Company shall have the sole right to decide whether you are in violation of any of the restrictions set forth in this Section, and shall have sole discretion regarding the course of action to take in connection therewith.
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of Service.
We may use third-party Service Providers to monitor and analyze the use of our Service.
No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Go Aviate and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Go Aviate.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. 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;
0.6. 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.
You may provide us either directly at email@example.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Go Aviate.
Go Aviate has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of South Africa, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release the Company from all liability for you having acquired or not acquired Content through the Services.
The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from the Company or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service.
THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN ”AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Registration and security
As a condition to using some aspects of the Services, you may be required to register with the Company and select a password and user name (“Company User ID”). If you are accessing the Services through a third party site or service (such as “Facebook Connect”), Company may require that your Company User ID be the same as your user name for such third party site or service. You shall provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. The Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. If you access the Service through a third party site or service, you will provide your third party account credentials to the Company, and you are consenting to have the information in those accounts transmitted into your Company account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.
You will indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEE PAID BY YOU TO THE COMPANY HEREUNDER FOR THE SERVICE CAUSING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Interaction with third parties
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release the Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. The Company may without course and by reimbursement of any prepaid fees covering future periods terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. The Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement is not assignable, transferable or sublicensable by you except with the Company’s prior written consent. The Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. Except as expressly set forth in Section 15 below, you and Company agree there are no third party beneficiaries intended under this Agreement.
Arbitration; Governing law
The Website is controlled by the Company from offices within South Africa, but can be accessed from countries around the world. As each of these places has laws that may differ from those of South Africa it is agreed that this Agreement shall be governed by and construed in accordance with the laws of South Africa without regard to the conflict of laws provisions thereof and the International Sale of Goods. Any dispute arising from or relating to the subject matter of this Agreement shall be finally and exclusively settled by the South African Courts as first instance.
Copyright dispute policy
The Company has adopted the following general policy toward copyright infringement in accordance with the US Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements: If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is the Company’s policy:
to remove or disable access to the infringing material;
to notify the content provider, member or user that it has removed or disabled access to the material; and
that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the Services.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the content provider, member or user;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
To download the full Vendor Agreement, please click HERE . By Clicking to your acceptance of this document, you are agreeing to all terms and conditions within our Vendor agreement.
Please send your feedback, comments, requests for technical support by email: firstname.lastname@example.org.
Please send your feedback, comments, requests for technical support by email: email@example.com.
This Agreement was last modified and made effective on 12 December 2020
The Privacy Notice was last updated on 12 December 2020.
Changes to our Privacy Notice
We may change this Privacy Notice from time to time. We will post any Privacy Notice changes on this page and, if the changes are significant, we will provide a more prominent notice by adding an announcement on the GoAviate website or by sending you an email notification. We encourage you to review our Privacy Notice whenever you use the Services to stay informed about how we treat Personal Information and the ways you can help protect your privacy.
If you disagree with any changes to this Privacy Notice, you will need to stop using the Services and deactivate your account(s), as outlined below.
This Site may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy notice of every website you visit.
Questions or concerns
If you have any questions or concerns regarding this Privacy Notice, please send us a detailed message to hello@goaviate, and we will try to resolve your concerns.
Who is the Personal Information collector
GoAviate (a company in South Africa, and referred to as “we”, “us” or “our” in this privacy notice) is the data controller (Controller) and responsible for your Personal Information. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us using the details set out below. We collect and process Personal Information in accordance with applicable data protection law.
What Personal Information we collect about you and how we collect it
We gather various types of Personal Information from our users, as explained more fully below. We may use this Personal Information to personalize and improve our Services, to allow our users to set up a user account and profile, to contact users, to fulfill your requests for certain products and Services, to analyze how users utilize the Services, and as otherwise outlined in this Privacy Notice. We may share certain types of Personal Information with third parties, as described in section 4.
It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes during your relationship with us.
2.a. Information You Provide to Us
Account information: We collect information about you when you register for an account, create or modify your profile, set preferences, sign-up for a subscription or make purchases through the Services. For example, we collect Personal Information such as your name, email address, browser information, and, in some cases, billing information, company name, and third-party account credentials (for example, your log-in credentials for Facebook or other third party sites). If you provide your third-party account credentials to us, you accept that some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into your account with us if you authorize such transmissions, and that Third Party Account Information transmitted to our Services is covered by this Privacy Notice. You can choose not to provide us with certain information, but then you may not be able to register with us or to take advantage of some of our features. We may anonymize your Personal Information so that you cannot be individually identified, and provide that anonymous information to our partners.
Content you provide through our features: We collect and store content that you post, send, receive and share while using our Services’ features. This content includes any information about you that you may choose to provide. Examples of content we collect and store include: The comments you write, the documents you create, the messages you send, files and links you post to other users within GoAviate.
Content you provide through our websites: We collect other content that you submit to websites owned or operated by us, which include social media or social networking websites operated by us. For example, you provide content to us when you provide feedback or when you participate in any interactive features, surveys, contests, promotions or events.
Information you provide through our support channels: The Services also include our customer support, where you may choose to submit information regarding a problem you are experiencing with the Services. Whether you contact our support via email, social media or support chat, speak to one of our representatives directly or otherwise engage with our support team, you may be asked to provide contact information, a description of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue.
Payment information: We collect payment and billing information when you register for certain paid Services. For example, we ask you to provide payment information, such as billing address and payment card details, which we collect via secure payment processing services.
Information needed to verify user identity for paying out the earnings: This type of information collection is limited to the users who earn money through the Services, either by selling their artwork or by participating in GoAviate referral program (Earner). Before making the first payout to the Earner, we ask to provide the personal identification document to verify the identity of the Earner. We may store this Personal Information for a reasonable amount of time needed to process the verification. We delete the personal identification document within a reasonable amount of time after the verification is completed. When verifying Earners, we may ask for additional information, such as links to social media accounts or examples of work in progress to verify that contributing artists are selling their original artwork.
2.b. Information collected automatically when you use our Services
Your use of the Services: We keep track of certain information about you when you visit and interact with our Services. This information includes the visiting frequency, features you use; the search terms you enter, the links you click on, the products you purchase and/or download; the attachments you upload to the Services, and how you interact with the free and paid content available on the Services, or interact with other users of the Services.
Device and connection information: We collect information about your computer, phone, tablet, or other devices you use to access the Services. This device information includes your connection type and settings when you install, access, update, or use our Services. We also collect information through your device about your operating system, browser type, IP address, URLs of referring/exit pages, device identifiers, and crash data. We use your IP address and/or country preference to approximate your location to provide you with a better Service experience. How much of this information we collect depends on the type and settings of the device you use to access the Services.
2.c. Information we receive from other sources
We Collect data from Google Analytics, Stripe, Paypay, Mandrill, Facebook and other third party companies that may change from time to time. For more details about how we use this information, please see section 3.
How we use the Personal Information
Below we list the specific purposes for which we use the information about you.
3.a. How we use the Personal Information you provide to us and the Personal Information collected automatically when you use the Services
To provide the Services: We use information about you to provide the Services to you, including to process transactions with you, authenticate you when you log in, provide customer support, and operate and maintain the Services. Your activity on the Services might be used to personalize and improve your experience with the Services. For example, the information about designers you follow may be used to send you tailored emails showcasing more content from those designers. You can always choose to opt out of these emails within the emails itself or in your notification settings.
For Research and Development: We are continually looking for ways to make our Services faster, more intuitive and more useful to you. We use collective learnings about how people use our Services to identify trends, usage, activity patterns and areas for improvement of the Services. For example, to improve the diversity and relevance of the content on our Services, we aggregate and analyze frequently used search terms that do not return any results.
To communicate with you about the Services: We use your contact information to send transactional communications via email and within the Services. Such communications include, but are not limited to, purchase confirmations and receipts, subscription reminders, messages from other users on the Services, questions and requests, customer support communications, and any technical notices, updates, security alerts, and administrative messages. We also send you communications as you onboard to the Services to help you become more proficient in using the Services. These communications are part of the Services and in most cases you cannot opt out of them. If an opt-out is available, you will find that option within the communication itself or in your notification settings.
To promote and drive the engagement with the Services: We use your contact information and information about your activity on the Services to send promotional communications, including by email, directly displayed in the Services, or by displaying GoAviate ads on other companies’ websites and applications, as well as on platforms like Facebook and Google. The purpose of these communications is to drive engagement to the Services and increase the value you get from using the Services. These communications include but are not limited to, information about new features, offers, discounts, survey requests, newsletters, contests, and events we think may be of interest to you. You can choose to opt out of this type of communications at any time either within the communication itself or in your notification settings.
Customer service: We use your information to resolve technical issues you experience, to respond to your requests for assistance and to repair and improve the Services.
For security: We use information about you and your Services’ use to screen and verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of the Services’ terms.
To protect our legal rights: Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.
To automate decision-making: We use automated systems that analyze your information to customize search results, personalize ads or tailor features to how you use our Services. We analyze your information to detect abuse such as fraud, spam, malware, and illegal content. We may also combine information collected among our and third-party Services and across your devices for the purposes described above.
With your consent: We use information about you where you have given us consent to do so for a specific purpose not listed above. For example, with your permission, we may write down and publish user case stories to promote the Services.
How and with whom we share the Personal Information we collect
We neither rent nor sell your Personal Information in personally identifiable form to anyone. However, we do share your Personal Information with third parties as described below.
We may allow advertisers and/or merchant partners (“Advertisers”) to choose the demographic information of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the information we have collected from you in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. For example, we might use the fact you are located in San Francisco to show you ads or offers for San Francisco businesses, but we will not tell such businesses who you are.
4.b. Affiliated Businesses and Third Party Websites We Do Not Control
In certain situations, businesses or third party websites we’re affiliated with may sell items or provide services to you through the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. One such service may include the ability for you to automatically transmit Third Party Account Information to your Services’ profile or to automatically transmit information in your Services’ profile to your third party account. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.
4.c. Agents/data processors
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, our agents do not have any right and are not allowed to use the Personal Information we share with them beyond what is necessary to assist us.
4.d. User Profiles and Submissions
Certain user profile information, including, without limitation, a user’s name, username, location, and any video or image content that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for Company’s Services. Your account privacy settings allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others. Any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others. Your username may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments.
4.e. Business Transfers
We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that would be transferred. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information would be one of the assets transferred to or acquired by a third party.
4.f. Protection of Company and Others
We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Company, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
4.g. Other Transfers
Except as set forth above, you will be notified or asked for consent when your Personal Information may be shared with third parties in a personally identifiable form and will be able to prevent the sharing of this information.
How we store and secure the Personal Information we collect
5.a. Information storage and security
We endeavor to protect the privacy of your account and other Personal Information we hold in our records and we have implemented what we consider to be appropriate security measures, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.
Sensitive information such as credit card details and password are stored in encrypted form. SSL is applied when transferring information and while you access the Services from a web browser.
Information processing and transfers for EEA individuals
Legal bases for processing (for EEA individuals)
As an individual in the EEA (European Economic Area), we collect and process information about you where we have legal bases for doing so under EU laws. We only collect and use the information when:
We need it to provide you the Services, including operating the Services, provide customer support and personalize features as well as for safety and security processes.
It serves a legitimate interest (which is not overridden by your data protection interests), such as for research and development, for marketing and promotion and to protect our legal rights and interests.
You have given us consent to do so for a specific purpose.
We need the information to comply with legal obligations.
If you have given consent to our use of your information for a specific purpose, you can change your mind at any time, but this will not affect any processing that has already taken place. You have the right to object to the use of your information, but this may mean that the Services are no longer available.
International transfers of information
Our third-party service providers may be located outside EEA which means their processing of Personal Information will involve transferring of data outside the EEA. When data is transferred outside EEA we ensure protection using the following safeguards:
Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Information out of the EEA.
For how long we store the Personal Information
GoAviate will process and store your Personal Information for as long as it is necessary and permitted under applicable data protection law. Your Personal Information will not be retained for longer than is necessary for the purposes for which the information is collected, or the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate period for storing your Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some cases, we may anonymize your Personal Information (making it no longer associated with you) for research and statistical purposes, in which case we may use this information indefinitely without further notice to you.
In some circumstances, you can ask us to erase your Personal Information. Please see section 9. below for further information.
What rights do you, as the data subject, have
According to applicable data protection law, you have the following rights with regards to GoAviate:
The right of access: You have the right to obtain from us confirmation as to whether or not your Personal Information is being processed, and if this is the case, access to your Personal Information and other information such as the purpose of the processing, the categories of your Personal Information, the recipients or categories of recipients to whom your Personal Information has been or will be disclosed, your rights in relation to processing of your Personal Information, and the existence of automated decision-making. You have the right to obtain one copy of the Personal Information undergoing processing. For any further copies requested by you, we may charge you a reasonable fee based on administrative cost. If you would like one copy, please submit a written request to firstname.lastname@example.org together with documentation showing that you are the person in question. You may independently in some cases be able to access some of the Personal Information you have provided to us. Please see section 10, “How to access and update your Personal Information” below.
The right to correction: You have the right to obtain from us without undue delay the correction of inaccurate or incomplete Personal Information concerning you. The accuracy of the new data you provide to us might need to be verified. We may use any aggregated data derived from or incorporating your Personal Information after you update it, but not in a manner that would identify you personally directly or indirectly. You may independently in some cases be able to correct some of the Personal Information you have provided to us. Please see section 10, “How to access and update your Personal Information” below.
The right to erasure: You have the right to obtain from us the erasure of Personal Information concerning you without undue delay, and we are obligated to erase your Personal Information without undue delay in certain situations:
If you withdraw your consent to our processing of your Personal Information,
Where the Personal Information collected is no longer necessary for the purposes for which we have been collecting or processing it,
Where you have successfully exercised your right to object (see below),
Where we may have processed your information unlawfully,
Where we are required to erase your Personal Information to comply with local law
Please note, that we may not always be able to comply with your request of erasure for specific legal reasons. In this case, we outline the legal reasons to you, if applicable, at the time of your request.
The right to object: You have the right to object at any time to our processing of your Personal Information, which for instance is based on legitimate interest, on grounds relating to your situation, as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes, including profiling to the extent that it is related to such direct marketing. Also, you have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. If you object to the processing, we shall no longer process your Personal Information unless we, for instance, can demonstrate compelling legitimate ground for the processing, which overrides your interests, rights, and freedoms or for the establishment, exercise or defense of legal claims.
The right to restriction: You have the right to obtain from us restriction of processing your Personal Information in certain situations:
If you contest the accuracy of your Personal Information,
If the processing of your Personal Information is unlawful,
If we no longer need your Personal Information for the purposes of processing, but you need it for the establishment, exercise or defense of legal claims,
If you have objected the processing of your Personal Information, as described above, and the verification whether our legitimate grounds override those of yours is pending.
The right to data portability: You have the right to receive your Personal Information in a structured, commonly used and machine-readable format and have the right to transmit that information to another third-party if the processing, for instance, is based on your consent or the processing is carried out by automated means.
The right to withdrawal of your consent: You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our special features. You have the right to withdraw your consent to our processing of your Personal Information at any time. If you wish to withdraw your consent, please contact us at email@example.com
The right to complain: You have the right to lodge a complaint with a supervisory authority.
There are exceptions to these rights so that full access to your Personal Information may be denied, for example, if making the information available would adversely affect others. To make use of your rights described above, please contact us at firstname.lastname@example.org at any time.
How to access and update your Personal Information
Through your account settings, you may be able to access, and, in some cases, edit or delete some of the Personal Information you’ve provided to us. The information you can view, update, and delete may change as the Services change. If you have any questions about your viewing, deleting or updating information we have on file about you, please contact us at email@example.com
Our policy towards children
We do not knowingly collect or solicit Personal Information from anyone under the age of 18 or knowingly allow such persons to register for the Services (as that term is defined in our Terms of Service). If you are under 18, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any Personal Information to us or on the Services. If we learn that we have collected Personal Information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at firstname.lastname@example.org