TERMS, CONDITIONS AND PRIVACY POLICY

WEBSITE TERMS OF USE

Acceptance

This Terms of Use Agreement (“Agreement”) is a legal agreement between you and Skyborne Aviation Limited (“Skyborne”), the owner and operator of this website (the “Website”). It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (the “Content”). By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept this Agreement, you must not access or use the Website. Skyborne may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement. You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Who we are

Skyborne Aviation Limited is a limited company registered in England and Wales with company number 10561676 and whose registered office is at Skypark Flight Centre Gloucestershire Airport, Staverton, Cheltenham, England GL51 6SR.

Disclaimer of Warranties

THE WEBSITE AND THE CONTENT IS PROVIDED “AS IS”. WHILE SKYBORNE ENDEAVOURS TO PROVIDE INFORMATION THAT IS CORRECT, ACCURATE AND TIMELY, SKYBORNE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND THE CONTENT INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY THAT (I) THE CONTENT CONTAINED IN OR MADE AVAILABLE THROUGH THE WEB SITE WILL BE OF A PARTICULAR QUALITY OR FIT FOR A PARTICULAR PURPOSE, (II) THE WEBSITE OR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR TIMELY, (III) THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (IV) THAT DEFECTS OR ERRORS IN THE WEBSITE OR THE CONTENT, BE IT HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED, (V) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS, AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE AND/OR NOT INTERCEPTED.

Limitation of Liability

Whether you are a consumer or a business user, Skyborne does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Skyborn’s negligence or the negligence of its employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user, Skyborne excludes all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it. Skyborne will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Website or the use of or reliance on any content displayed on the Website. In particular, Skyborne will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

If you are a consumer user then you agree not to use the Website for any commercial or business purposes, and Skyborne has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

Changes to the Website

Skyborne may update and change the Website from time to time. It may also suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons.

Ownership

The Content is protected by copyright law, and is owned by Skyborne, its licensors, and/or the party accredited as the provider of the Content. Except for the licence granted in paragraph 7 below, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of Skyborne.

Limited Licence

Irrespective of paragraph 6, and subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Website for your personal, non-commercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. If you violate any provision of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any Content.

Trademarks

Skyborne is a trademark of Skyborne Aviation Limited. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute registered or unregistered trademarks of Skyborne Aviation Limited or third parties. While certain trademarks of third parties may be used by Skyborne under license, the display of third party trademarks on the Website should not be taken to imply any relationship or license between Skyborne and the owner of the trademark or to imply that Skyborne endorses the wares, services or business of the owner of the said trademark.

Linking

The Website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Skyborne of the contents of such thirdparty websites. Skyborne is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation, (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites, (ii) any representation or warranty regarding the quality or fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party websites, or (iii) any representation or warranty that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components. While Skyborne encourages links to the Website, it does not wish to be linked to or from any third-party website which contains, posts or transmits any unlawful information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offence, give rise to liability or otherwise violate any law or regulation or which contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. Skyborne reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the above nature, at any time. You agree to remove any link you may have to the Website should Skyborne request you to do so.

Security

Any information sent or received over the internet is generally unsecure. Skyborne cannot guarantee the security of any communication to or from the Website. You should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Skyborne will report any such breach to the relevant law enforcement authorities and it will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

Uploading Content onto the Website

Whenever you make use of a feature that allows you to upload content to the Website, or to make contact with other users of the Website, you must comply with the following standards:

You may only use the Website for lawful purposes. You may not use the Website:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Any content you upload onto the Website must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it is posted.
  • Not be defamatory of any person.
  • Not be obscene, offensive, hateful or inflammatory.
  • Not promote sexually explicit material, violence, illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Not infringe any copyright, database right or trade mark of any other person.
  • Not be likely to deceive any person.
  • Not breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Not be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Not be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Not impersonate any person, or misrepresent your identity or affiliation with any person.
  • Not advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Not contain any advertising or promote any services or web links to other sites.

You warrant that any contribution you make complies with the above standards, and you will be liable to Skyborne and indemnify Skyborne for any breach of that warranty. This means you will be responsible for any loss or damage Skyborne suffers as a result of your breach of warranty.

Any content you upload to the Website will be considered non-confidential and nonproprietary. You retain all of your ownership rights in your content, but you are required to grant Skyborne and other users of the Website a limited licence to use, store and copy that content and to distribute and make it available to third parties.

Skyborne also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

Skyborne has the right to remove any posting you make on the Website if, in Skyborne’s opinion, your post does not comply with the content standards set out above. It also has the right to issue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach and/or to take further legal action against you. You are solely responsible for securing and backing up your content.

Interactive Services

Where Skyborne provides any interactive service, it will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

Skyborne will do its best to assess any possible risks for users from third parties when they use any interactive service provided on the Website, and it will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, Skyborne is under no obligation to oversee, monitor or moderate any interactive service it provides on the Website, and it expressly excludes its liability for any loss or damage arising from the use of any interactive service by a user in contravention of its content standards, whether the service is moderated or not.

Where Skyborne does moderate an interactive service, it will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

General Terms

This Agreement constitutes the entire agreement between you and Skyborne with respect to the subject matter hereof.

If any provision of this Agreement or any covenant contained herein shall be held to be invalid or unenforceable it shall be deemed to be removed to the minimum extent necessary and it shall be deemed severable from the rest of this Agreement. This shall not affect the validity or enforceability of any other provision contained in this Agreement.

We shall collect, store and process your personal information in accordance with our privacy policy. Please see below for further details.

Governing Law and Jurisdiction

By accessing or using the Website, you agree that all matters relating to your access to, or use of the Website and its Content shall be governed by the laws of England and Wales, without regard to conflict of laws principles. You agree and hereby submit to the exclusive jurisdiction of the English courts with respect to all matters relating to the Website.

 

PRIVACY STATEMENT

Introduction

At Skyborne Aviation Limited (“Skyborne”), your privacy is important. Skyborne is committed to providing visitors with websites that respect their privacy. This statement sets out its privacy practices with respect to the collection, use and disclosure of personal information on this site.

This site may contain links that take you to other websites. This privacy statement does not extend to the data collection practices of third parties and Skyborne does not assume any responsibility for the privacy practices, policies or actions of third parties. You should read the individual privacy policies and/or legal notices of such sites and make an informed decision as to whether or not you wish to use these sites based on their privacy practices.

Who we are

Skyborne Aviation Limited is the controller and responsible for your personal data.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact Skyborne using the following details:

Email address: info@skyborne.com

Postal address: Skyborne Aviation, Skypark Flight Centre Gloucestershire Airport, Staverton, Cheltenham, England GL51 6SR]

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). Skyborne would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact Skyborne in the first instance.

Changes to your data

It is important that the personal data Skyborne holds about you is accurate and current. Please keep Skyborne informed if your personal data changes during your relationship with us.

The personal data Skyborne collects

Personal data or personal information means data or information about an identifiable person, recorded in any form, which data or information includes but is not limited to the name, email address and mailing address, as the case may be. Visitors of this website are not requested to reveal any personal information. However, on a voluntary basis, you may provide and disclose personal information to Skyborne in using certain features of the Website.

Skyborne may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data including first name, maiden name, last name, marital status, title and gender.
  • Contact Data including residential or postal address, email address and telephone numbers.
  • Transaction Data including details about the services you have requested from Skyborne.
  • Technical Data including internet protocol (IP) addresses, your browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this site.
  • Marketing and Communications Data including your preferences in receiving marketing from Skyborne and your communication preferences.

Skyborne does not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where Skyborne needs to collect personal data by law, or under the terms of a contract it has with you, and you fail to provide that data when requested, Skyborne may not be able to perform the contract it has or is trying to enter into with you. In this case, Skyborne may have to cancel a service you have requested but it will notify you if this is the case at the time.

How your personal data is collected

Skyborne uses different methods to collect data from and about you including through:

  • Direct interactions: You may provide your Identity and Contact and by filling in forms or by corresponding with Skyborne by post, phone, email or otherwise.
  • Automated technologies or interactions. As you interact with our site, Skyborne will automatically collect Technical Data about your equipment, browsing actions and patterns by using cookies and other similar technologies.
  • Technical Data from parties including analytics providers such as Google.

How Skyborne will use your personal data

Skyborne will only use your personal data when the law allows it to. Most commonly, it will use your personal data in the following circumstances:

  • Where it needs to perform a contract it is about to enter into or has entered into with you.
  • Where it is necessary for its legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where it needs to comply with a legal obligation. Generally, Skyborne does not rely on consent as a legal basis for processing your personal data although it will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting Skyborne.

Purposes for which Skyborne will use your personal data

Skyborne has set out below a description of all the ways it plans to use your personal data, and which of the legal bases it relies on to do so. It has also identified what its legitimate interests are where appropriate.

Note that Skyborne may process your personal data for more than one lawful ground depending on the specific purpose for which it is using your data. Please contact us if you need details about the specific legal ground Skyborne is relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new applicant (a) Identity

(b) Contact

Performance of a contract with you
To manage our relationship with you which will include notifying you about changes to our terms or privacy policy (a) Identity

(b) Contact

(c) Transaction

(d) Marketing and Communications

(a)  Performance of a contract with you

(b)  Necessary to comply with a legal obligation

(c)    Necessary for our legitimate interests (to keep our records updated and to study how visitors use our products/services)

To administer and protect Skyborne’s business and this site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity

(b) Contact

(c) Technical

(a)    Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b)  Necessary to comply with a legal obligation

To make suggestions and recommendations to you about services that may be of interest to you (a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

 

Skyborne will only use your personal data for the purposes for which it collected it, unless it reasonably considers that it needs to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If Skyborne needs to use your personal data for an unrelated purpose, it will notify you and it will explain the legal basis which allows it to do so. Please note that Skyborne may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosure of your personal data

Skyborne may share your personal data with the following parties for the purposes set out in the table above:

  • Service providers who provide IT and system administration services.
  • Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
  • Regulators and other authorities who require reporting of processing activities in certain circumstances.

Skyborne requires all third parties to respect the security of your personal data and to treat it in accordance with the law. It does not allow its third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

International transfers

Skyborne may transfer your data outside the European Economic Area (EEA). For example, some of its external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA. Whenever Skyborne transfers your personal data out of the EEA, it ensures a similar degree of protection is afforded to it. Please contact us if you want further information on the specific mechanism used by Skyborne when transferring your personal data out of the EEA.

Data security

Skyborne has put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, Skyborne limits access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. Skyborne has put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where it is legally required to do so.

How long will Skyborne use my personal data for?

Skyborne will only retain your personal data for as long as reasonably necessary to fulfil the purposes it collected it for, including for the purposes of satisfying any legal, regulatory or reporting requirements. Skyborne may retain your personal data for a longer period in the event of a complaint or if it reasonably believes there is a prospect of litigation in respect to its relationship with you.

To determine the appropriate retention period for personal data, Skyborne considers the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which it processes your personal data and whether it can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. In some circumstances you can ask Skyborne to delete your data (please see below for further information).

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These are as follows:

  • Request to receive a copy of the personal data Skyborne holds about you (commonly known as a “data subject access request”).
  • Request that any incomplete or inaccurate data is corrected.
  • Request erasure of your personal data where there is no good reason for Skyborne continuing to process it.
  • Object to processing of your personal data where Skyborne is relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.
  • Request Skyborne to suspend the processing of your personal data in the following scenarios:
    – If you want us to establish the data’s accuracy.
    – Where Skyborne’s use of the data is unlawful but you do not want Skyborne to erase it.
    – Where you need Skyborne to hold the data even if Skyborne no longer requires it as you need it to establish, exercise or defend legal claims.
    – You have objected to Skyborne’s use of your data but Skyborne needs to verify whether it has overriding legitimate grounds to use it.
  • Request the transfer of your personal data to you or to a third party.
  • Withdraw consent where Skyborne is relying on consent to process your personal data.

© 2018, Skyborne Aviation Limited. All rights reserved.

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