Helipaddy Terms of Use

Helipaddy Terms and Conditions

 

Helipaddy– Privacy Policy

 

Hello, welcome to the Helipaddy privacy policy. This is where we tell you how we process and protect your data and how we respect your privacy. 

 

This policy is made for and applies to anyone who uses the Helipaddy app and/or service, or just anyone who is visiting our website. Please make sure you check this policy and if you don’t agree with it, then you shouldn’t use our site or service. This is because by accessing or browsing helipaddy.com (our “Website”) or using any of the services we provide to our customers (including our iOS and Android app) (our “App”), then you confirm that you have read, understood and agreed to this.

 

Alternatively, feel free to email us at support@helipaddy.com if you have questions or concerns.

 

About Helipaddy

 

We are registered as a limited company in the UK as Helipaddy Limited and refer to ourselves in the first person throughout this policy. Our registration number is 08866916 and our registered offices is 12a Addison Avenue, London, United Kingdom, W11 4QR. 

 

The personal information we collect

 

Personal information is the term we use to describe information which we collect and which can be used to personally identify someone. For example, a name, a personal address, user account data or location data.

When you use our Website, our App or any of our services, we may collect some or all of the following information from you, some of which is personal information:

 

- Full name
- Email address 
- Phone number
- Account login details (including username and password)
- Account purchase and subscription information
- Information you provide us about your home address and where your helicopter is based
- Your location whilst using our service
- Information on your helicopter (such as your aircraft registration number and fuel type)
- Information about your use of our service (such as landing sites you have looked up using our Website or App or landed at)
- User profile information, such as subscriptions to newsletters, attendance at events, interaction with special promotions and offers, landing sites added, PPR requests and other similar information which we collect as part of our contract with you.

 

We collect some information when we request it from you, and some information automatically when you interact with our service. In all cases, we require this information to provide our service to you in the most customised way that we can do and only ever use it to maintain or improve it.

 

Information we share and receive from other sources

 

Another member of our group of companies is Helisafari Limited (“Heli Safari”), which operates self-fly helicopter tours. With your express permission, we share some of your personal information with Heli Safari (such as name and email address) so that they can inform you about upcoming helicopter tour opportunities.  There is a huge amount of synergy between our two businesses and the services we provide to the ‘Heli’ community and so we share this information to make sure the services we offer are marketed to the people who might enjoy using them. This relationship is reciprocal, and with their users express permission, they can also share personal information with us.

 

How do we use it?

 

We only ever use your information in line with data protection laws - in particular, the EU General Data Protection Regulation, otherwise known as GDPR. This means we only use it where we have a legal basis to do so. These are the general legal bases for which we use your information:

 

- Consent - you have given clear consent to us to process your personal information for a specific purpose. 


- Our contract - processing your personal information is necessary for a contract you have with us, or because we have asked you to take specific steps before entering into that contract.


- Legitimate interests - processing your personal information is necessary for our legitimate interests or those of a third party, provided those interests are not outweighed by your rights and interests.

 

Here are the specific reasons we process your personal information:

 

Basic User Information

 

We collect your basic account information (name and email address) so that we can register you as a user of Helipaddy, verify you as a legitimate user, and ensure that we can properly communicate with you and provide our service to you. When signing up with us, you also set up a username which we use to identify you and refer to you as in our communications. You can either use that username, or your email address you used to register with us (both of which we securely store) to login to the Website or App. 

 

User Profile Information

 

We collect your home address and the location of your helicopter so that we can keep you fully updated on relevant and new landing sites that form part of our service and that get added regularly. We also track users’ locations whilst using the app, and in particular, the landing sites they use to create a log book of all the sites they have used, and provide special in-app functionality for those users, such as Safari Mode.

 

We track how you use our app, for example where you add a landing site, and we use this information to monitor and improve our service, and sometimes reward users for loyalty, such as with special offers for adding a certain number of sites. We also record all PPR requests so that we can provide a great customer service and know what we can do to improve our users’ experiences.

 

We record your preferences for subscriptions newsletters, so we know whether to send you our updates, and information on events and special offers. 

 

We record financial transaction data to keep a record of all our active and inactive subscriptions. 


Very occasionally, we may also require your personal information to do things necessary for our business, such as pursuing debts or ensuring the security of our services and Website.

 

We collect the above information so that we have the information we need to help you navigate the world of helicopter landing sites and provide you with the services you request from us.


We may also use your personal information to notify you about changes to our services.

 

Sharing your information

 

Your privacy is very important to us we do not share information about you with any third parties except as stated above with Heli Safari when we have your consent to do so. We do however reserve the right to do so in the following exceptional circumstances:

 

- if we sell or buy any business or assets, we may disclose your personal information to the seller or buyer of that business or those assets;


- if Helipaddy or most of our assets are acquired by a third party, in which case personal information held by Helipaddy will be one of the transferred assets;
if we are required by any applicable law or law enforcement organisation to do so;


- in order to enforce or apply our terms and conditions or any other agreement or to respond to any claims, to protect our rights or the rights of a third party, to protect the safety of any person or to prevent any illegal activity; or


- to protect the rights, property, or safety of Helipaddy, our customers or other persons. This may include exchanging information with other organisations for the purposes of fraud protection and credit risk reduction.

 

Except for what is written in this policy, we will never share any of your personal information to any third party without notifying you and/or getting your consent. If you do consent and later change your mind, you can remove consent and therefore our permission to use this information. See below for your rights to withdraw consent.

 

For your information, we do share data on landing sites which you may have provided to us, but data on those landing sites shares with third parties will never be traceable back to you.

 

How long we store your data for

 

We store personal information for as long as you use the services we provide and then as required to comply with applicable laws. In particular, we store data relating to any financial transaction with us indefinitely for our company records.

 

Your choices and rights

 

Choices:

 

At any time:

 

You can choose not to provide us with personal data. If you choose to do this, you can continue to visit our Website or App and browse their content, but we may not be able to provide you with services, even if you have already paid for them.

 

You can choose for us not to use your personal information for marketing. We will request your consent to do this, but you can choose to refuse your consent. If you have given your consent and want to retract it later, then you can either unsubscribe to the communications or opt out by contacting us at support@helipaddy.com

 

Rights:

 

You can contact us by email at support@helipaddy.com at any time, to request that we:

 

- update any personal information which is out of date or incorrect;


- delete any personal information which we are holding about you; 


- restrict the way that we process your personal information;


- provide your personal information to a third party provider of services; or


- provide you with a copy of any personal information which we hold about you on request to support@helipaddy.com (although we reserve the right to charge reasonable fee for this if requests are excessive or repetitive).

 

Transfers of information

 

We use third party data processors, some of which may use data processing facilities outside of the European Economic Area (“EEA”). Based on a decision of the European Commission on the adequacy of the relevant non-EEA countries for the purpose of storing personal data, they will be protected by appropriate safeguards, namely the use of standard data protection clauses approved by the European Commission, a copy of which can be found on the Third Party Data Processors’ respective websites. For your security, whether in or out of the EEA, we only use third party data processors who confirm to us that their processes are compliant with all applicable data protection laws. These are the third party data processors that we use:

 

Application hosting: Digital Ocean

 

Communications: Amazon Web Services

 

Payments: PayPal 

 

Security of your personal information

 

At Helipaddy, we have physical, electronic and managerial procedures in place to protect and secure the information we collect. We are committed to protecting personal information from loss, misuse, disclosure, alteration, unauthorised access and destruction and we take all reasonable precautions to safeguard the confidentiality of personal information. 


We make every effort to protect your personal information. However, there is always an inherent risk, beyond our control, in sending information over the internet. If we do ever encounter any online data breaches, we commit to taking prompt action to resolve the situation to protect your information.

 

Third party websites

 

Our Website or App may, from time to time, contain links to websites operated by third parties. This privacy policy only applies to the personal information that we collect through this Website and we cannot be responsible for personal information collected and stored by third parties. Third party websites have their own terms and conditions and privacy policies, and you should read these carefully before you submit any personal information to these websites. We don’t endorse or accept any responsibility for the content of those third party websites or third party terms and conditions or policies.

 

Cookie policy

 

We use cookies on our Website which help us monitor use of the Website, and in turn improve it based on how our users interact with it. Here are the cookies which we use for that purpose. 

 

- Session cookies
- Security (CSRF token)
- Location cookies to autocomplete the user location on registration.

- We also use some external services that use cookies including: Twitter, tripadvisor, hotjar, doubleclick.net, gstatic.com, paypal objects.

 

You can choose not to accept cookies when using our Website, and you can also turn cookies off within your browser settings.

 

Contact us

 

Questions, comments and requests about this privacy policy or how we collect, use or store your personal information are welcomed and should be emailed to support@helipaddy.com.


This Agreement will be governed by and interpreted according to the law of England. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English courts.


Helipaddy API Agreement

This Helipaddy API Agreement (“Agreement”) is entered into by and between Helipaddy Ltd. (“Helipaddy”) with an address at 12A Addison Avenue, London, W11 4QR and “You”.

This Agreement governs the terms under which You may access and use the Helipaddy application programming interface (the API), the data transmitted through the API (the Licensed Content) and is effective from the date that you access the API for the first time after receiving the Helipaddy web service ID through a secure electronic key (the “Effective Date”).

This Agreement incorporates the terms of the following additional documents, including all future amendments or modification thereto (collectively, and together with this document, the Agreement: Helipaddy API Display requirements, Helipaddy Terms of Service, Helipaddy Privacy Policy).

 

1    Defined Terms (The following capitalized terms will have the meanings set forth below.)

1.1    “End Users” means end users who access or use Your Site.

        1.2    “Licensed Content” means the Helipaddy Content available via the API, as detailed in the API Technical Documentation, which may include for any Pad or Site: Name, Category, Latitude, Longitude, Helipaddy View Link, Photo, Region, 'Helipaddy Select' information, Landing information, Site information, Comments, Contact phone, Email

1.3 “Your Site” means any website and/or mobile application operated by You.


        1.4    “Updates” means updates, refreshes, corrections and other modifications.

  

2    Access and Authority

If You use or access the Licensed Content or the API on behalf of a business, company or other entity, You represent that You have authority to bind such entity and its affiliates to the Agreement and that is fully binding upon each of them. In such case, the term “You” will designate such entity and its affiliates. If You do not agree with the terms of this Agreement or if You do not have authority, You may not use or access the Licensed Content or the API. 


3    Licensed Content 

    3.1    License to Content.  Subject to the terms and conditions of this Agreement, Helipaddy hereby grants You a nonexclusive, revocable, non sublicensable, non-transferable, license to (i) use, perform and display (publicly or otherwise) the Licensed Content through Your Site, and (ii) allow End Users to access and use the Licensed Content through Your Site.

    3.2    License to Helipaddy Marks.  Subject to the terms of this Agreement, Helipaddy hereby grants You a non-exclusive, nontransferable, worldwide license to use, reproduce, perform and display Helipaddy’s trade names, trademarks, service marks, logos or other similar indicia of identity or source (collectively, “Marks”) that Helipaddy furnishes You for use under this Agreement, solely for purposes of performing its obligations or exercising its rights under this Agreement. 

    3.3    Reservation of Helipaddy Rights.  Except for the license granted hereunder, Helipaddy retains any right, title and interest in and to the Licensed Content.

    3.4    Helipaddy’s Attribution.  Notwithstanding anything to the contrary, You understand and agree that a Mark must accompany any and all uses, copies, performance displays and/or placement on or through the Licensed Content on Your Site. 


4    Delivery and Format of Licensed Content

    4.1    Delivery; Access.  Helipaddy will make the Licensed Content available to You in an electronic format through the API. In order to access or use the API, You must first apply and obtain approval from Helipaddy. Helipaddy reserves the right, in its sole discretion, to approve, deny approval or revoke approval at any time. Helipaddy may also request further information from You to assess your application. Once approved, You will receive a valid Helipaddy Web Service I.D in the form of a secure electronic key. You are only allowed to register for and use one set of login credentials, unless otherwise permitted by Helipaddy in writing, including via email. All queries sent to the API requesting data must reference your valid login credentials. You agree to keep your login credentials confidential and not to share them with any third party. Your Access will be limited to the following: 10K (Free, Basic programmes) or 100K (Premium programme) calls per month. Once Your Access exceeds these limits, You will not have the ability to have data returned from the Helipaddy API until the commencement of the next month. 

    4.2    Updates; Refreshes.  From time to time during the Term, at Helipaddy’s discretion, Helipaddy may update and refresh the Licensed Content, and make such refreshed Licensed Content available to You.

    4.3    Display.  The rights granted to You herein are limited to the right to display the Licensed Content, along with the Marks, on Your Site in manner set forth in the Helipaddy API Display requirements. In all cases, You shall display Licensed Content with Marks. You agree that Helipaddy may monitor Your Site in order to confirm compliance with this Agreement. You agree that You will remove from Your Site and destroy any specific Licensed Content within forty-eight (48) hours upon request from Helipaddy. 

    4.4    Restrictions

You agree that you will not, and will not assist or enable others to (i) Record, cache or else store any portion of the Licensed Content, (ii) alter the Licensed Content, or use it to create or update your own database of any description, (iii) create or disclose metrics about, or perform any statistical analysis of, the API, Licensed Content, (iv) use the API on behalf of any third party other than a group or affiliate company, (v) copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer or decompile (except to the limited extent expressly authorized under applicable statutory law), modify or alter any part of the API, (vi) display Licensed Content or Helipaddy Marks in a manner that could reasonably imply an endorsement, affiliation with or sponsorship between you or a third party and Helipaddy, other than your permitted use of the API under the terms of the Agreement, (vii) display the Licensed Content on any site that disparages Helipaddy or its products or services, or infringes any Helipaddy intellectual property or other rights, (viii) use the API in a manner that impacts the stability of Helipaddy's servers or impacts the behavior of other applications using the API, (ix) use the API or Licensed Content in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in Helipaddy's sole discretion) to Helipaddy, its providers, its suppliers, end users of this website, or your end users, (x) use the API, Licensed Content or Helipaddy in a manner that could reasonably be interpreted to suggest that Helipaddy is the author or entity that is responsible, in whole or in part, for the creation or development of any Licensed Content or that such Licensed Content represents the views of Helipaddy.  YOU MAY NOT DIRECTLY OR INDIRECTLY ATTEMPT TO RE-SELL, REDISTRIBUTE, SYNDICATE OTHERWISE COMMERCIALIZE THE HELIPADDY CONTENT IN ANY WAY WITHOUT HELIPADDY’S PERMISSION.

    4.5    Caching. Caching also reduces the load on the Helipaddy content servers. Do not use the API to pre-fetch content for Your entire inventory, request only the content you need.

 

5    Warranties and Disclaimer

Each party represents and warrants that it has full power and authority to enter into the Agreement.  

The Licensed Content is provided by Helipaddy "AS IS". Helipaddy expressly disclaims all other representations or warranties, express or implied, obligations and liabilities arising by law or otherwise, with respect to the Licensed Content and any other services provided hereunder, including, but not limited to, any express or implied warranty of merchantability, noninfringement, fitness for a particular purpose, arising from course of performance or dealing or usage of trade or of non-infringement or title. Helipaddy makes no representation that the operation of the service will be uninterrupted or error-free, and Helipaddy will not be liable for the consequences of any interruptions or errors (including any lost data).

 

6    Ownership

Helipaddy shall own and retain all right, title and interest in and to any documents, techniques, know-how , specifications, plans, notes, drawings, designs, pictures, inventions, data, information and other Content provided by Helipaddy and any derivative works hereof in connection with this Agreement (“Work Product”), including any and all intellectual property rights therein. Work Product shall not be deemed to include the confidential information of Your website pages, metrics, or internal reporting. To the extent applicable, Helipaddy shall be deemed to be the "author" of all Work Product and all such Work Product will constitute "works made for hire" under any applicable copyright law. You hereby waive any and all moral rights (including rights of integrity and attribution) in and to the Work Product.  To the extent that any Work Product does not constitute a work made for hire, You hereby assign to Helipaddy all right, title and interest that You may have or may hereafter acquire in all Work Product, including all intellectual property rights therein. At Helipaddy’s expense, You shall execute all documents and take all actions necessary for Helipaddy to document, obtain, maintain or assign its rights to the Work Product. All such materials will be deemed to be the confidential, proprietary and trade secret information of Helipaddy.

 

7    Indemnification  

You will indemnify, defend, or at Your option settle, any third party lawsuit or proceeding brought against Helipaddy, its affiliates or syndication partners, and any of their respective officers, directors, employees and agents, based upon or otherwise arising out of: (a) Your use of any Licensed Content, in a manner inconsistent with the terms of this Agreement; (b) breach of any laws, regulations, or ordinances; and (c) Your Site. Helipaddy will: (i) promptly notify You of such claim, (ii) provide You with reasonable information, assistance and cooperation in defending the lawsuit or proceeding, and (iii) give You full control and sole authority over the defense and settlement of such claim.

 

 8    Limitation of Liability

EXCEPT FOR (A) YOUR INDEMNIFICATION OBLIGATIONS, (B) BREACHES OF CONFIDENTIALITY, AND (C) YOUR USE OF THE LICENSED CONTENT IN A MANNER INCONSISTENT WITH THE TERMS OF THE AGREEMENT  (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT SUCH PARTY WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN.  EXCEPT FOR (A) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, (B) BREACHES OF CONFIDENTIALITY, AND (C) YOUR USE OF THE LICENSED CONTENT IN A MANNER INCONSISTENT WITH THE TERMS OF THE AGREEMENT, IN NO EVENT SHALL EITHER PARTY’S LIABILITY FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED $200,000.  The parties agree that (i) the mutual agreements made in this Section reflect a reasonable allocation of risk, and (ii) that each party would not enter into the Agreement without these limitations on liability.

 

9    Support

Helipaddy offers customer support through its regular support channels but makes no guarantees of any technical support for the API.

 

10    Term and Termination

Helipaddy reserves the right, in its sole discretion and at any time without notice or liability, to change, suspend or discontinue the API and/or suspend or terminate Your rights under this Agreement to access, use and/or display (as applicable) the API, Helipaddy Marks and/or any Licensed Content. Any termination of the Agreement will also immediately terminate the licenses granted to You hereunder. Such change, suspension or termination of the API may cause your existing services using the API to stop functioning properly. Upon any termination of this Agreement, you will promptly: (i) delete and remove all calls to the API from all web pages, scripts, widgets, applications, and other software in your possession or under your control; (ii)  destroy and remove from all computers, hard drives, networks and other storage media all copies of the API, Helipaddy Marks and/or any Licensed Content; and certify in writing to Helipaddy that such actions have been taken; and (iii) cease to hold yourself out as being associated with Helipaddy in any way. 

 

11    Miscellaneous

Each party will comply with all laws, rules and regulations, if any, applicable to it in connection with the performance of its obligations under the Agreement.  All notices will be in English and in writing (including email).  Notice will be deemed given upon the sending of correspondence via email to the email address associated with your API key, with no indication of receipt required. Any assignment or other transfer of rights or delegation by You shall be null and void.  The laws of the United Kingdom will govern the Agreement. The Agreement supersedes any other prior or collateral agreements, whether oral or written, with respect to the subject matter hereof.  The failure to require performance of any provision will not affect a party’s right to require performance at any time thereafter; nor will waiver of a breach of any provision constitute a waiver of the provision itself.  If any provision is adjudged by a court of competent jurisdiction to be unenforceable, invalid or otherwise contrary to law, such provision will be interpreted so as to best accomplish its intended objectives and the remaining provisions will remain in full force and effect.  The parties hereto are and will remain independent contractors and nothing herein will be deemed to create any agency, partnership, or joint venture relationship between the parties.  Neither party will be deemed to be an employee or legal representative of the other nor will either party have any right or authority to create any obligation on behalf of the other party.  Neither party will be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances. The parties agree that any material breach of the provisions of Sections 3, 4.3, 6 and 10 of this Agreement shall cause irreparable harm and shall be the basis for injunctive relief.  The Agreement is not intended to benefit, nor will it be deemed to give rise to, any rights in any third party.  The Agreement (a) will be binding on and inure to the benefit of each of the parties and their respective successors and assigns; and (b) may be executed in counterparts, including facsimile counterparts, each of which will be deemed an original and all of which when taken together will constitute one and the same instrument.

Helipaddy reserves the right to modify the Agreement at any time. If Helipaddy reasonably determines that a planned modification may adversely impact You, Helipaddy may provide ten (10) days prior email notice to You using the primary email address for previous communication between You and Helipaddy. 

 

Copyright © 2015 Helipaddy Limited, company number 08866916