- The types of information we may collect or that you may provide when you install, access, or use the HELIPASS® mobile App (the “App”).
- Our practices for collecting, using, maintaining, protecting, and disclosing that information.
We grant you a limited, personal, nontransferable, non-sublicensable, revocable license to
- (a) access and use only this App, its content and services only in the manner presented, and
- (b) access and use of this App only in the manner expressly authorized and permitted by COMPANY.
This App along with the content and information contained herein 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 this App in any way, unless expressly permitted to do so by COMPANY. If you choose, or are provided with, a user name, password or any other information as part of COMPANY’s 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 this App by allowing use of your user name, password or other security information. You agree to notify COMPANY immediately of any unauthorized access to or use of your user name 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 this App 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 this App of which you become aware.
- You will not place any false or misleading information on this App.
“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, training records and certifications, social security number or similar government identification numbers, credit/debit card information, bank account information, logins, passwords, and medical or health records of an identifiable human being.
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, THE APP, ANY APPS LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER APPS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR SUCH OTHER APPS, 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 WHICH HAVE BEEN CONTRACTUALLY AGREED TO BY THE COMPANY.
Information We Collect and How We Collect It
We collect certain limited information from and about users through download or use of our App as provided herein. We collect information provided by you and/or your employer in connection with your and your employer’s use of our HELIPASS® kiosk 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 user may include, without limitation: name, address, e-mail address, age, date of birth, telephone number, driver’s license information, social security number, fit for duty information, passport information, TWIC card information, training records and certifications, or similar government identification numbers, logins, passwords, and of you. The information may also be used to compare against the TSA No-Fly List. Information You Provide to Us When you download or use this App, we may ask you to provide information to confirm your authorization to use this App.
Automatic Information Collection and Tracking
When you download, access, and use the App, it may use technology to 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.
- Location Information. This App does not collect real-time information about the location of your device but the app 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 the App or the HELIPASS® kiosk 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 this 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.
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 the App and its contents, and any other information relating to your offshore travel and authorization.
- Facilitate your travels.
- Carry out our obligations and enforce our rights arising from any contracts entered into between your employer and PHI Helipass, LLC and/or PHI, Inc., 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.
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.
- 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.
Since we operate globally, we may need to transfer collected information outside the United States in order to provide you with our services abroad. California Privacy Rights California Civil Code Section 1798.83 permits users of our App who are California residents to request certain information 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. We may disclose aggregated information about our users and information that does not identify any individual without restriction.
Children Under the Age of 13
The App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13.
TELEPHONE NUMBER: 1 (833) 735-3336
LIMITATIONS OF LIABILITY
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, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WHICH HAVE BEEN CONTRACTUALLY AGREED TO BY THE COMPANY.
APPLE’S REQUIRED TERMS AND CONDITIONS
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.