GDPR-Policy - NearMissTracker

At NearMissTracker, we take our obligations under data protection and privacy laws seriously. This includes the General Data Protection Regulation (GDPR) and other applicable laws.

If you are currently opted in to receive communications from NearMissTracker and would like to opt-out of receiving such information, you can do so by contacting us at [email protected]. Our data protection representative can also be contacted directly here: [email protected].

WHAT INFORMATION IS COLLECTED?

We gather or receive and use personal information in two ways: (1) we gather and use personal information in connection with being engaged to provide and providing you with aviation and aviation information-related services (collectively, the “Services”) you have requested, or to offer additional services we believe you might be interested in; and (2) in connection with providing the Services to our customers, we may receive and store personal information (such as name, phone number, address and email address) of the points of contact at our customer’s customers or potential customers. Providing us with your personal information is always your choice, as is providing us with the personal information of any of your customers, clients, vendors or co-workers. Most of the information we collect comes to us directly from you, and only with your consent. For example, when you request more information about the Services online, through telephone conversations, or in person, we will ask you to provide the information that enables us to complete your request or to provide you with better service. These same principles also apply to our business partners.

The types of information we may ask for will depend on the nature of your request. Information that is essential for fulfilling most Services requests and transactions typically includes your name (first name, maiden name, last name), mailing address, e-mail address, telephone number(s), date of birth, and corporate information; credentials such as passwords, password hints, and similar security information used for authentication and account access; and payment data to process any payments, such bank account information. We may also request additional information to help us provide you with advice and information about other services that we believe would interest you.

When you visit our website, information is not collected that could identify you personally unless you choose to provide it voluntarily. You are welcome to browse these websites at any time anonymously and privately without revealing any personal information about yourself. All the information you provide to us is securely maintained and is kept strictly confidential.

NearMissTracker will never collect this information from you without your knowledge and consent. You always have the right to decline to disclose any or all of the requested information.

CHILDREN UNDER AGE 18

NearMissTracker does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register or provide NearMissTracker with information. If you are under 18, please do not attempt to engage with NearMissTracker’s website or send any information about yourself to us, including name (first name, maiden name, last name), mailing address, e-mail address, telephone number(s), date of birth, and corporate information; credentials such as passwords, password hints, and similar security information used for authentication and account access; or payment data, such as bank accounts. No one under age 18 may provide any personal information to NearMissTracker. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information. If you believe that we have any information from or about a child under 18, please contact us using the contact information listed herein.

CONSENT

By consenting to this privacy notice you are giving us permission to process your personal data specifically for the purposes identified, and acknowledge and agree that you have the absolute right to provide us with any personal information that you further provide to us in connection with the Services, and that you shall strictly comply with the GDPR in connection with the collection, storage, processing and other usage of such personal information. To the extent deemed necessary by NearMissTracker, you shall execute a separate processing agreement in connection with the Services.

Consent is required for NearMissTracker to process personal data, but it must be explicitly given. When we are asking you for sensitive personal data we will always tell you why and how the information will be used.

You may be asked periodically to confirm your consent.

You may withdraw consent at any time by contacting [email protected] and stating you wish to withdraw your consent. You may also update your preferences on any email communications you may receive from us.

ACCEPTANCE OF THIS POLICY

By using the NearMissTracker, Near Miss Tracker and Check Flight Plan websites, you agree to this policy. We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. Your continued use of the NearMissTracker, Near Miss Tracker websites or the Services following the posting of changes to these terms on this site means you accept these changes.

OTHER SITES

The NearMissTracker, Near Miss Tracker and Check Flight Plan websites or the Services may contain links to other sites. Other sites or services may also reference or link to the NearMissTracker, Near Miss Tracker and Check Flight Plan websites in the United States or other territories or that of our partners. NearMissTracker is not responsible for the privacy practices or the content of other sites or components of the Services where NearMissTracker does not have control. Any information you may disclose at these other sites or in connection with such Services is not governed by this privacy policy. We encourage you to review these policies at any site you visit or other portions of the Services you use.

DISCLOSURE

NearMissTracker will not pass on your personal data or the personal data of any of your partners, vendors, employees/colleagues, etc. to third parties without first obtaining your consent.

RETENTION PERIOD

NearMissTracker will process personal data for the duration of the Services, and/or employment and marketing. We will store the personal data for a minimum of 7 years depending on financial transactions and government requirements.

YOUR RIGHTS AS A DATA SUBJECT

At any point while we are in possession of or processing your personal data and depending on your particular location, you, as the data subject, have the following rights:

Right of access: you have the right to request a copy of the information that we hold about you.
Right of rectification: you have a right to correct data that we hold about you that is inaccurate or incomplete.
Right to be forgotten: in certain circumstances, you can ask for the data we hold about you to be erased from our records.
Right to restriction of processing: where certain conditions apply to have a right to restrict the processing.
Right of portability: you have the right to have the data we hold about you transferred to another organization.
Right to object: you have the right to object to certain types of processing such as direct marketing.
Right to object to automated processing, including profiling: you also have the right to be subject to the legal effects of automated processing or profiling.
Right to judicial review: in the event that NearMissTracker refuses your request under rights of access.

All of the above requests will be forwarded to any third parties, should there be a third party involved in the processing of your personal data.

COMPLAINTS

In the event that you wish to make a complaint about how your personal data is being processed by NearMissTracker, or how your complaint has been handled, you have the right to lodge a complaint directly with NearMissTracker’s data protection representatives.

The contact details are:

Email: [email protected]

PRIVACY & COOKIE POLICY

SECURITY

NearMissTracker has always made data protection and information security a central part of our business and is committed to high standards of information security, privacy and transparency incorporating industry best practices and in accordance with recognized European standards.

We protect our client data with multiple layers of security, including encryption technology.

To ensure the best level of security we monitor our Services and the underlying infrastructure to protect them from threats, including spam, malware, viruses, and other forms of malicious code.

We have security incident policies and procedures in place. We're also committed to providing our customers with the information they need to meet regulatory reporting obligations under the European General Data Protection Regulation GDPR.

PRIVACY

To protect your privacy NearMissTracker employs Secure Sockets Layer (SSL) technology, which encrypts information before it is sent over the Internet. Any information provided during the provision of the Services, is protected by this encryption. Personal information collected during the on-boarding process and the provision of the Services will not be shared with any unauthorized third party.

We would like to keep you informed of our latest news, special offers and work available and may send you these electronically. When registering for marketing emails we will collect some mandatory information including: Title, First Name, Last Name and your Email Address. You may also be asked to provide other information regarding your subscription preferences.

Our marketing emails will include details of our latest offers and may be personalized based on your preferences.

All information we collect will be stored on secure servers. No information we collect will be shared with unauthorized third-party companies.

To unsubscribe from receiving future email marketing activities, reply STOP, as indicated at the bottom of each email.

1 Note: To describe security procedures in place for physical customer files.

2 Note: To confirm storage process for physical documents.

PERSONAL DATA

Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as:

"any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person".

HOW WE USE YOUR INFORMATION

This privacy notice tells you how we, NearMissTracker, will collect and use your personal data.

When you visit our website we may place cookies on your browser. We use cookies to be able to provide a better website, service and statistics. Cookies are small pieces of text sent by your web browser by almost every website you visit. A cookie text file is stored in your web browser and allows us or a third party to recognize you and make your next visit easier. They help us monitor our visitor's behavior. Cookies don't give us access to your device or any personal information, other than the data you choose to share with us.

Cookies can be "persistent" or "session" cookies. "Session" cookies are stored on memory and never written to disk. When the browser is closed the cookie is permanently deleted. If the cookies contain an expiry date, it is considered a "persistent" cookie, which will be removed on the specified date. They can also be deleted manually. You can accept or decline cookies. Cookies are accepted by default by most browsers; if you would like to disable them please refer to your browser's help section.

We use 'first party' and 'third party cookies' on our website.

'First party' cookies are set by us. These cookies ensure that your booking process is remembered between pages, so that we are able to process your booking and payment properly. We also use cookies to be able to monitor our website performance.

'Third party' cookies are set by our trusted partners.

Please see full list of cookies at the bottom of this page:

We use Google Analytics cookies to be able to measure and track the usage of our website. This helps us to identify areas for improvement. We also want to track how many of our visitors make bookings, which helps us to make business forecasts and decisions.
We periodically use Google AdWords - Google's main advertising product. AdWords offer pay-per-click (PPC) advertising displayed next to search results to boost website traffic and sales.
We periodically use Google Display Network to retarget our customers. You may see our adverts on other websites, after you've visited ours
We work with affiliate partners who advertise on our behalf, their cookies help us to see if our customers came to our website through one of the affiliate advertisers, so we can credit them correctly.
We also use social media buttons e.g. Facebook and Twitter, to allow you to connect to your social networks and share content.

By continuing to use our site and by using the social media functionality, you consent to the relevant cookies being set on your device. For more information about cookies and how to disable them please visit www.allaboutcookies.org

WHY DOES NEARMISSTRACKER NEED TO COLLECT AND STORE PERSONAL DATA?

In order for us to provide you with the Services we need to collect personal data for correspondence purposes and/or detailed service provision. We are committed to ensuring that the information we collect and use is appropriate for this purpose, and does not constitute an invasion of your privacy.

WILL NEARMISSTRACKER SHARE PERSONAL DATA WITH ANYONE ELSE?

We may pass your personal data on to third-party service providers or government agencies contracted or associated with NearMissTracker in the course of dealing with you. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to fulfill the service they provide you on our behalf. When they no longer need your data to fulfill this service, they will dispose of the details in line with NearMissTracker’s procedures. If we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent through supporting documentation, unless we are legally required to do otherwise. Unless required by government agencies under applicable law, we will not provide personal data of your customers with any third party.

HOW WILL NEARMISSTRACKER USE THE PERSONAL DATA IT COLLECTS ABOUT ME?

NearMissTracker will process (collect, store and use) the information you provide in a manner compatible with the EU's General Data Protection Regulation (GDPR). We will strive to keep your information accurate and up to date, and will not keep it for longer than is necessary. NearMissTracker is required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held in addition to these periods depending on individual business needs.

UNDER WHAT CIRCUMSTANCES WILL NEARMISSTRACKER CONTACT ME?

Our aim is not to be intrusive, and we undertake not to ask irrelevant or unnecessary questions. Moreover, the information you provide will be subject to rigorous measures and procedures to minimize the risk of unauthorized access or disclosure.

Our contact with you is to make you aware of business opportunities that are mutually beneficial.

CAN I FIND OUT THE PERSONAL DATA THAT THE ORGANIZATION HOLDS ABOUT ME?

NearMissTracker, at your request, can confirm what information we hold about you and how it is processed. If NearMissTracker does hold personal data about you, you can request the following information:

Identity and the contact details of the person or organization that has determined how and why to process your data.
Contact details of the data protection officer, where applicable.
The purpose of the processing as well as the legal basis for processing.
If the processing is based on the legitimate interests of NearMissTracker.
Or a third party, information about those interests.
The categories of personal data collected, stored and processed.
Recipient(s) or categories of recipients that the data is/will are disclosed to.
If we intend to transfer the personal data to a third country or international organization, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. The European Commission has so far recognized Andorra, Argentina, Canada (commercial organizations), Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Republic of Korea, Switzerland, the United Kingdom under the GDPR and the LED, and Uruguay as providing adequate protection. In other cases, we will ensure there are specific measures in place to secure your information.
How long the data will be stored.
Details of your rights to correct, erase, restrict or object to such processing.
Information about your right to withdraw consent at any time.

HOW TO LODGE A COMPLAINT WITH THE SUPERVISORY AUTHORITY.

Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.

THE SOURCE OF PERSONAL DATA IF IT WASN'T COLLECTED DIRECTLY FROM YOU.

Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

What forms of ID will I need to provide in order to access this?

NearMissTracker accepts the following forms of ID when information on your personal data is requested:

Valid government issued ID, passport or driver’s license
Birth certificate
Proof of current address

CONTACT DETAILS OF THE GDPR OWNER:

NearMissTracker is the owner of this statement and is responsible for ensuring that this record is reviewed in line with the review requirements of the GDPR.

A current version of this statement is available to all staff and customers, through the contact details below: