END USER LICENSE AGREEMENT, TERMS OF USE AND PRIVACY POLICIES

PLEASE READ ALL OF THIS END USER LICENSE AGREEMENT, TERMS OF USE AND PRIVACY POLICIES CAREFULLY BEFORE USING THIS HELIPASS® KIOSK, SYSTEMS, MOBILE APPS, WEBSITES AND ASSOCIATED SYSTEMS (“PHI HELIPASS’ SITES”). THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF PHI HELIPASS’ SITES. PHI HELIPASS’ SITES ARE AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE END USER LICENSE AGREEMENT, TERMS OF USE AND PRIVACY POLICIES SET FORTH HEREIN. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE AND PRIVACY POLICIES, DO NOT ACCESS OR USE PHI HELIPASS’ SITES. BY ACCESSING OR USING PHI HELIPASS’ SITES, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT, THESE TERMS OF USE, THE PRIVACY POLICES AND YOUR UNDERSTANDING AND ACCEPTANCE OF OUR PRICACY POLICIES.

PHI Helipass’ Sites are provided by PHI Helipass, LLC (referred to herein as “PHI Helipass’, “Company”, “Our”, “Us” or “We”) pursuant to agreements between PHI Helipass, its affiliated companies and its clients. Access and use of PHI Helipass’ Sites are only available to persons authorized by PHI Helipass, its affiliates or its clients. If you are not an authorized user, you are not permitted to access and use PHI Helipass’ Sites or in any manner view or copy any data from PHI Helipass’ Sites. Your continued use of PHI Helipass’ Sites, affirms your consent and agreement with the terms of use and privacy policy.

PHI Helipass and its clients grant you a limited, personal, nontransferable, non-sublicensable, revocable license to (a) access and use only PHI Helipass’ Sites, its content and services only in the manner presented, and (b) access and use of PHI Helipass’ Sites only in the manner expressly authorized and permitted by PHI Helipass. PHI Helipass’ Sites along with the content and information contained therein may not be reverse engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed. You may not make, sell, offer for sale, modify, reproduce, display, import, distribute, retransmit or otherwise use the data, information or content of PHI Helipass’ Sites in any way, unless expressly permitted to do so by PHI Helipass.

If you choose, or are provided with, a username, password or any other information as part of PHI Helipass’ security procedures, you agree to keep such information confidential and to only use such information for its intended purpose. You also acknowledge that your account is personal to you and agree not to provide any other person with access to PHI Helipass’ Sites by allowing use of your username, password or other security information. You agree to notify PHI Helipass immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

In addition to other restrictions set forth herein, you further agree that:

• • Your use of PHI Helipass’ Sites will be in strict compliance with all applicable laws, rulings and regulations or in a manner that would cause the Company to be in violation of any laws, rulings or regulations.
  • You shall report to the Company any misuse, abuse, or compromise of any Personal Information (as defined herein) accessed from PHI Helipass’ Sites of which you become aware.
  • You will not place any false or misleading information on PHI Helipass’ Sites.
  • You will not use or access PHI Helipass’ Sites and/or any service, information, application provided by PHI Helipass’ Sites in a manner not expressly permitted by Company.
  • You will not input or upload to PHI Helipass’ Sites anything which contains viruses, trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, PHI Helipass’ Sites or anything that infringes the intellectual property rights of any other party.
  • You may not use or access PHI Helipass’ Sites in a way that, in PHI Helipass’ sole judgment, adversely affects the performance or function of the systems, services of PHI Helipass’ Sites or interferes with the ability of authorized parties to access the systems, and services of PHI Helipass’ Sites.

“Personal Information” shall refer to, without limitation, the following types of information: name, address, e-mail address, age, date of birth, telephone number, driver’s license information, passport information, TWIC card information or similar government identification numbers, training records and certifications, logins, passwords, medical data, health records and any other private or personal information of an identifiable human being. With respect to any access and use of third party’s personal information, you confirm that you have obtained all necessary consents for the access, viewing, copying, transmitting and/or processing of all such personal information, and all access and use is in compliance with all applicable laws.

THE 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 AND ANY WARRANTIES WHICH HAVE BEEN CONTRACTUALLY AGREED TO BY THE COMPANY.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, PHI HELIPASS’ SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON PHI HELIPASS’ SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH PHI HELIPASS’ SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW AND ANY WARRANTIES AND OBLIGATIONS WHICH HAVE BEEN CONTRACTUALLY AGREED TO BY THE COMPANY.

All matters relating to PHI Helipass’ Sites and this End User License Agreement, Terms of Use and Privacy Policy and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Louisiana, United States without giving effect to any choice or conflict of law provision or rule (whether of the State of Louisiana or any other jurisdiction).

If any provision of this License Agreement, Terms of Use and Privacy Policies is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of License Agreement, Terms of Use and Privacy Policies, which shall remain in full force and effect. No waiver of any provision of this License Agreement, Terms of Use and Privacy Policies shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

PRIVACY POLICIES

PHI Helipass respects your privacy and is committed to protecting it through compliance with this Privacy Policy (“policy”). We provide our policies to inform you how personal information may be used during your use of PHI Helipass’ Sites, including during the Helipass® registration and check-in applications and your use of our mobile apps.

PHI Helipass appreciates your use of in its Kiosk, website, mobile apps, associated systems and other related or linked PHI Helipass’ Sites. Your privacy is important to us and we want you to understand our practices with respect to the gathering and handling of your personal data. This Privacy Policy describes those practices.

PHI Helipass will process personal data in accordance with the privacy notices that provide for such specific uses. When these notices apply to you, we recommend that you read them carefully. To the extent the personal data is collected from individuals in the European Economic Area (EEA), Switzerland or UK through PHI Helipass’s Sites, we will comply with all applicable laws

This policy describes:

• • The types of information we may collect or that you may provide when you use this PHI Helipass’ Sites, and our practices for collecting, using, maintaining, protecting, and disclosing that information.
  • Please read this policy carefully to understand our practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use this website. By downloading or using PHI Helipass’ Sites, you agree to this privacy policy. This policy may change from time to time and updates will be provided on our website. Your continued use of PHI Helipass’ Sites after we make changes is deemed to be acceptance of those changes, so please check Our website periodically for updates.

Information We Collect and How We Collect It

We collect certain limited information from and about users through download or use of PHI Helipass’ Sites as provided herein. We collect information provided by you and/or your employer in connection with your and your employer’s use of PHI Helipass’ Sites through the HELIPASS® kiosk, mobile apps and our associated websites and systems. If you are working under a contract with a contractor or owner, the employing contractor and/or owner may also provide us information. The information collected from a user may include, without limitation, the following types of information: name, address, e-mail address, age, date of birth, telephone number, driver’s license information, passport information, TWIC card information or similar government identification numbers, training records and certifications, logins, passwords, and medical or health records of an identifiable human being. With respect to access and use of third party’s personal information, you confirm that you have obtained all necessary consents for the access, viewing, copying, transmitting and/or processing of any and all such personal information. The collected information may also be used to compare against the TSA No-Fly List.

Information You Provide to Us

When you use PHI Helipass’ Sites, we may ask you to provide information to confirm your authorization to use PHI Helipass’ Sites.

Automatic Information Collection and Tracking

When you access and use PHI Helipass’ Sites, we may automatically collect certain details of your access to and use of PHI Helipass’ Sites, including traffic data, and other communication data and the resources that you access and use on or through PHI Helipass’ Sites.

Third-Party Information Access

When you use PHI Helipass’ Sites, we may share the information that you provided and information collected from your employer and others with your employer and the entity that your employer contracted.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

• Provide you with PHI Helipass’ Sites and its contents, and any other information relating to your travel and authorizations.
• Facilitate your travels.
• Carry out our obligations and enforce our rights arising from any contracts entered into between your employer and PHI, Inc. and/or PHI Helipass, LLC, including for billing and collection and analytical reports.
• Develop, analyze, exploit and extract collected information in an aggregated form which does not specifically identify any person or personally identifiable characteristic for use in making reports and analytics to be made available to third parties. We will not report the aggregate data in a manner that reasonably permits such information to identify any specific person.
• To fulfill or meet the reason you provided the information.
• To provide, support, personalize, and develop PHI Helipass’ Sites, products, and services.
• To create, maintain, customize, and secure your account with us.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve PHI Helipass’ Sites, our products, and services.
• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business.
• To third parties customers for such aggregate analytical data and reports.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets.
• For any other purpose disclosed by us when you provide the information.
• To comply with any court order, law, or legal process, including responding to any court, government or regulatory request.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us and our affiliates, our customers or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

Disclosure of Your Information

We may disclose aggregated information about our users and information that does not identify any individual without restriction.

In addition, we may disclose information that we collect or you provide:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and to contractors, service providers and other third parties who use Our services.
• To third parties customers for such aggregate analytical data and reports.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets.
• For any other purpose disclosed by us when you provide the information.
• To comply with any court order, law, or legal process, including responding to any court, government or regulatory request.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us and our affiliates, our customers or others.

When you download or use PHI Helipass’ Mobile App(s), we may ask you to provide information to confirm your authorization to use PHI Helipass App.

When you download, access, and use PHI Helipass App (“the App”) and/or access and use any PHI Helipass Sites , our technology may automatically collect:

• Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, and other communication data and the resources that you access and use on or through the App.
• Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
• Our Technology does not collect real-time information about the location of your device but the technology allows the user to access to third party map applications. YOUR USE OF THIRD PARTY MAP APPLICATIONS PROVIDING REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.

Third-Party Information Access

When you use PHI Helipass’ Sites and associated systems, we will share the information that you provided and information collected from your employer and others with your employer and the entity that your company contracted. We may include advertisements on the mobile app, and by clicking on any advertisement, you may be providing information to third party advertisers, ad networks, and ad servers, analytics companies, your mobile device manufacturer and your mobile service provider.

We do not control these third parties’ tracking technologies or how they may be used. These advertisements may be targeted to certain specified demographics of which you may be a member. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

INDIVIDUALS TO WHOM THIS PRIVACY POLICY IS ADDRESSED

This Privacy Policy is addressed to:

• visitors of the PHI Helipass’ Sites;
• recipients of electronic or other communications which contain or refer to this
  Privacy Policy; and

PHI Helipass does not seek through PHI Helipass’ Sites to gather personal data from or about minors (as this term is defined by applicable law), nor does PHI Helipass sell the personal information of minors without affirmative authorization.

PHI HELIPASS’ COMPLIANCE WITH DATA PROTECTION LAWS

PHI Helipass is committed to collecting and using personal data in a lawful manner. PHI Helipass will ensure that, when it collects or uses personal data, such collection or use is allowed under applicable data protection law, including, for example, the EU General Data Protection Regulation (GDPR) or California Consumer Protection Act, where such laws govern.

Individuals may object to the processing of their personal data and we will consider such objections carefully where required by law. For more information about your rights with respect to how we process your personal data, please contact PHI Helipass.

COLLECTION OF PERSONAL DATA

In this table we describe the categories of information that we gather via PHI Helipass’ Sites and in connection with our business relationship with you. We also describe the purpose and legal basis, where applicable, for using and processing the information.

When PHI Helipass relies on its legitimate interest as a legal basis to process personal data, PHI Helipass will ensure that these interests do not disproportionately and adversely impact an individual’s rights and freedoms.

When PHI Helipass relies on an individual’s consent as a legal basis to process personal data, individuals can withdraw their consent at any time. Visitors wishing to withdraw their consent should notify us and we will stop the processing of your personal data as soon as reasonably possible.

COOKIES AND TARGETED ADVERTISING

Information placed on your computer when visiting PHI Helipass’ Sites

We use cookies and other local storage technologies or files, which we store on your computer or mobile device, when you visit PHI Helipass’ Sites. The cookies and files stored on your computer or mobile device facilitate customizing your use of PHI Helipass Sites and help to avoid the need to re-enter your details every time you visit. You can erase or block this information from your computer.

We use vendors to monitor usage of our site and to provide site usage analytics. These vendors may use such information for business purposes in accordance with our contracts with them.

Note that some goods or services may not be available if you choose not to provide the necessary personal data.

PHI Helipass is not responsible for the policies and practices of any website from which you linked to PHI Helipass’ Sites.

We may use information collected through PHI Helipass’ Sites to analyze links between your usage of PHI Helipass’ Sites and your usage of other applications across the different types of devices you use to access PHI Helipass’ Sites or applications, in order to improve your cross-application experiences. In doing so, we use cookie files and other storage technologies on PHI Helipass’ Sites in accordance with this Privacy Statement.

DISCLOSURE OF PERSONAL DATA TO EXTERNAL PARTIES

We may contract with other companies and persons to perform functions on our behalf. They may have access to personal data needed to perform these business purposes.

For example, PHI Helipass may share your personal data with vendors in order to allow PHI Helipass to analyze data, provide marketing assistance, and provide and improve customer service. Furthermore, communicating via the Internet and sending information, products, and services to you by other means necessarily involves your personal data passing through or being handled by third-parties.

These service providers have access to your personal data needed to perform our business purposes, but may not use it for other purposes.

Before any personal data is shared with service providers, we enter into a written agreement which requires them: (1) not to make any unauthorized disclosures of the personal data; (2) to use the personal data only for the specified purposes and only according to the instructions received from PHI Helipass; (3) to retain the personal data only as long as necessary or to protect company interests; and (4) to have in place adequate and appropriate security measures.

In some circumstances, PHI Helipass will disclose personal data to its customers, vendors, legal advisors, business affiliates and business partners. These external parties process the personal data on their own behalf, for instance: if required by law, in order to defend PHI Helipass’ rights, or to handle individuals’ complaints and requests. We may also share your information in connection with a transfer of assets, or if we are otherwise involved in a merger or transfer. Only when permitted by applicable law and with your consent as required, will we distribute personal data to vendors for the purpose of allowing them to market their products and services to you.

PHI Helipass does not, and will not, sell personal information to third parties. PHI Helipass may permit third parties to collect information through PHI Helipass’ Sites (for example via cookies). Where required by law, we will seek your prior consent before such information is collected via PHI Helipass’ Sites. The third parties may also use the information for interest-based advertisement of other products and services. The advertisements are based on the users’ online activities over time and across different sites, services, and devices.

INTERNATIONAL TRANSFERS OF PERSONAL DATA

The relevant PHI Helipass affiliate who is the Data Controller may make personal data available to other PHI Helipass affiliates and may transfer some or all of the personal data to PHI Helipass servers located worldwide in accordance with applicable law.

The transfer of personal data from the EEA, UK and Switzerland to recipients located outside such territories is subject to restrictions. PHI Helipass has taken steps so that personal data receives an adequate level of data protection at all PHI Helipass locations. These steps include PHI affiliates entering into Inter Affiliate Agreements containing the EU “Standard Contractual Clauses”.

The EU Standard Contractual Clauses have been approved by the European Commission and relevant European authorities as offering adequate protection for transfers of personal data outside the EEA, UK and Switzerland.
Transfers to third parties

When transferring personal data, PHI Helipass puts in place safeguards to ensure that the recipient adequately protects the personal data. With respect to the transfer of personal data from the EEA, UK and Switzerland to outside such territories, PHI Helipass relies on (1.) EU “Standard Contractual Clauses”, (2.) contractual safeguards imposed on the recipient which is contracted by PHI Helipass outside of EEA, UK or Switzerland (so-called onward transfers), and (3.) protections available under local law for the recipient established in a country deemed adequate by the EU Commission. Where permitted, and as applicable, we will rely on the individual’s consent.

ACCURACY OF PERSONAL DATA

PHI Helipass endeavors to keep personal data that it collects accurate and complete. PHI Helipass relies on the individuals to maintain the accuracy and completeness of the personal data. Please inform PHI Helipass if your personal details change, including the context in which the personal data was provided, e.g. in connection with a specific product or service.

INDIVIDUAL’S RIGHTS

Applicable law may give you certain rights with respect to your personal data.

In order to submit a verifiable consumer request to exercise your right to know about, or delete, your personal information, please contact PHI Helipass to submit your request.

Under data privacy laws in the EEA, UK and Switzerland, applicable law gives consumers the right to: access their personal data; have inaccurate or incomplete personal data rectified; restrict the processing of their personal data, under certain circumstances; object to the processing operations, having regard to the given circumstances and for reasons related to their particular situation; or have personal data erased when such data is no longer necessary for the purposes for which it has been collected, in accordance with applicable law.
In some circumstances, you also have a right to request a portable extract of your personal data, which will allow you to reuse your personal data for your own purposes.

You also have a right to lodge a complaint to the data protection supervisory authority in your country.

For more information about the specific mechanisms available to exercise these rights, please contact PHI Helipass.

Do-Not-Track Signals and Similar Mechanisms. Some mobile web browsers transmit “do-not-track” signals. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.

AUTOMATED DECISION-MAKING

PHI Helipass does not use automated decision-making unless it is (i.) necessary for entering into, or performance of, a contract between the Individual and PHI Helipass and its affiliates, (ii.) permitted or required by law, or (iii.) based on the Individual’s explicit consent.

Automated decision-making refers to decisions that produce legal effects concerning an Individual or significantly affect the Individual and which are based solely on automated processing (i.e. no human intervention) of personal data. PHI Helipass shall implement suitable measures to safeguard the Individual’s rights and freedoms and legitimate interests when automated decision-making is used.

RECORDS RETENTION

PHI Helipass retains personal data as long as necessary to meet the purposes for which the data was collected, to exercise its legal rights and to ensure compliance with applicable law.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. This information will be stored in PHI Helipass databases and third party databases located in the United States. We may store some or all information provided by you or collected by us in third party commercial cloud data storage. Unfortunately, the transmission and storage of information via the internet, on computer databases, mobile platforms and cloud data storage may not be completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through PHI Helipass’ Sites. We are not responsible for circumvention of any privacy settings or security measures we provide.

California Privacy Rights

California laws permit users of PHI Helipass’ Sites who are California residents to request certain information and certain rights regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not and will not disclose personal information to third parties for direct marketing purposes.

This Privacy Notice for California Residents supplements the information contained in PHI Helipass’ EULA , Terms and Conditions and Privacy Policies and applies solely to all visitors, users, and others who reside in the State of California (“consumers” ). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.
Where noted in this Notice, the CCPA temporarily (until January 1, 2022) exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information”) from some its requirements.

Information We Collect

PHI Helipass’ Sites may collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA’s scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994]

In particular, our Website has collected the following categories of personal information from its consumers within the last twelve (12) months:

PHI Helipass’ Sites obtain the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from data you may input, from your employer or from products and services you purchase.
• Indirectly from you. For example, from observing your actions on our Website, Kiosk or mobile apps.

Use of Personal Information

We may use, sell, or disclose the personal information we collect for one or more of the following purposes:

• Provide you with PHI Helipass’ Sites and its contents, and any other information relating to your travel and authorizations.
• Facilitate your travels.
• Carry out our obligations and enforce our rights arising from any contracts entered into between your employer and PHI, Inc. and/or PHI Helipass, LLC, including for billing and collection and analytical reports.
• Develop, analyze, exploit and extract collected information in an aggregated form which does not specifically identify any person or personally identifiable characteristic for use in making reports and analytics to be made available to third parties. We will not report the aggregate data in a manner that reasonably permits such information to identify any specific person.
• To fulfill or meet the reason you provided the information.
• To provide, support, personalize, and develop PHI Helipass’ Sites, products, and services.
• To create, maintain, customize, and secure your account with us.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business.
• To third parties customers for such aggregate analytical data and reports.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets.
• For any other purpose disclosed by us when you provide the information.
• To comply with any court order, law, or legal process, including responding to any court, government or regulatory request.

If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us and our affiliates, our customers or others.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose or sell your personal information, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In). When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

We share your personal information with the following categories of third parties:

• Service providers.
• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business.
• To third parties customers for such aggregate analytical data and reports.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets.
• For any other purpose disclosed by us when you provide the information.
• To comply with any court order, law, or legal process, including responding to any court, government or regulatory request.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us and our affiliates, our customers or others.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category J: Non-public education information.

We disclose your personal information for a business purpose to the following categories of third parties:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and to contractors, service providers and other third parties who use Our services.
• To third parties customers for such aggregate analytical data and reports.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets.
• For any other purpose disclosed by us when you provide the information.
• To comply with any court order, law, or legal process, including responding to any court, government or regulatory request.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us and our affiliates, our customers or others.

Sales of Personal Information
In the preceding twelve (12) months, Company had not sold personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

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

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

We do not provide these access and data portability rights for B2B personal information until required by applicable law.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion 0), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

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

We do not provide these deletion rights for B2B personal information until required by applicable law.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us – see our contact information below.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact Us.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, please contact us.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by contacting us – See our Contact Information below.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by contacting Us.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

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

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact Us.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of PHI Helipass’ Sites following the posting of changes constitutes your acceptance of such changes.

QUESTIONS AND COMPLAINTS AND OUR CONTACT INFORMATION

PHI Helipass is committed to protecting your personal data as described in this Privacy Policies and as required by applicable laws. If you have any questions about this notice or our handling of your personal data, or if you would like additional information, please contact PHI Helipass.

PHI Helipass will ensure all data protection complaints are resolved in a timely manner as set out in the applicable Data Privacy laws and the Data Subject is informed when appropriate.

You have the right to request from us rectification or erasure of personal data and restriction of processing and/or a copy of your personal data.

If you have any requests, questions or comments about this notice, the ways in which PHI Helipass collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under all applicable laws, please do not hesitate to contact us at:

Phone: 1 (833) 735-3336

Email: support@phihelipass.com

APPLE’S REQUIRED TERMS AND CONDITIONS FOR MOBILE APPS

Acknowledgement: End User (referred to as “You”) acknowledge that the EULA is concluded between You and the Company only, and not with Apple, and the Company, not Apple, are solely responsible for the Licensed Application and the content thereof. This EULA does not provide for usage rules for Licensed Applications that are in conflict with, the App Store Terms of Service as of the Effective Date (which You acknowledge and You have had the opportunity to review).

Scope of License: The rights granted by Apple to the Company and to You for the App is limited to a non-transferable right to use the Licensed Application on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Application may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

Maintenance and Support: The Company is solely responsible for providing any maintenance and support services with respect to the Application, as specified in the EULA, or as required under applicable law. The Company and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

Warranty: The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility and provided by this Policy and limited by the Limitation of Liabilities.

Product Claims: Subject to the terms of this Policy and the Limitation of Liabilities, You acknowledge that the Company, not Apple, is responsible for addressing any of your claims or any third party claims relating to the Application or your possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Intellectual Property Rights: You must acknowledge that, in the event of any third party claim that the Licensed Application or the end-user’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, the Company will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim pursuant to the terms of this Policy.

Legal Compliance: You represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

Third Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this Policy, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary.

Last update – 09/29/2021