Privacy Policy | Aircraft Performance Group

Aircraft Performance Group LLC (“APG,” “we,” “our” or “us”) is committed to protecting your (“you” or “your”) personal data, handling it responsibly and respecting your privacy. The terms “APG,” “we,” “our” and “us”) include APG and our subsidiaries, including, but not limited to, Rocket Route Ltd. and APG Avionics LLC (d/b/a Seattle Avionics). This Privacy Policy explains how APG may collect, use and disclose information we obtain through the “Service” (as defined in our Master Service Agreement (“MSA”). This Privacy Policy is incorporated by reference into and subject to the terms of the MSA. Any capitalized terms used and not defined in this Privacy Policy shall have the meaning given to them in the MSA.

IMPORTANT NOTE: By accessing or using the Service, you expressly consent to APG’s collection, use and disclosure of your Personal Information in accordance with the terms and conditions of this Privacy Policy.

If you are a resident of California, you should also refer to the section “Your Rights in California”, which supplements this Privacy Policy, below. If you are a resident of the United Kingdom, the European Union or the European Economic Area should also refer to the section “Your Rights in the European Union”, which supplements this Privacy Policy, below.

PERSONAL DATA PROCESSED AND COLLECTED BY APG

The types of personal data we collect from you, as well as the accompanying legal grounds of processing are set out below. If you provide us with personal data of a third party individual, you represent and warrant that you have obtained all necessary consents from the relevant third party individual for such disclosure, and you indemnify us against all losses suffered by us resulting from or in connection with your disclosure or transfer of such personal data to us.

A. Personal Data Processed Related to Creation of Your APG Account. When we create an APG account for you, we ask you to provide your email address and name.

APG processes your email address in order to add you to our system, create an account for you and to provide you with your account credentials to access your account. The legal ground for processing your email address for this purpose is based on APG’s legitimate interest in protecting the security of your account.

APG also processes your email address for the purpose of sending you important information about your APG products, apps or account. The name you provide is associated with your account profile. The legal ground for processing your email address and name for these purposes is APG’s legitimate interest in providing you important safety or other information about your APG products, apps or account or material changes to this Privacy Policy.

We strive to provide quality customer support. As such, APG also processes your email address to associate it with your APG account when you interact with our customer support representatives.

Marketing Information

For EU citizens, if you provide your opt-in consent to receiving marketing information from APG (e.g., by ticking a box on one of our websites or apps), APG will also process your email address for the purpose of sending you marketing information about APG products and apps, newsletters, and other occasional emails.

For non-EU citizens, unless otherwise required by applicable data privacy laws, by giving APG your email address, you consent to receiving marketing information from APG and APG will also process your email address for the purpose of sending you marketing information about APG products and apps, newsletters, and other occasional emails. The legal ground for processing your email address for this purpose is your consent. You may withdraw your consent at any time by changing your preferences in your APG account or through the unsubscribe link at the bottom of our marketing emails.

B. Personal Data Processed Related to Payment Processing. When you make payments through the Service, you may need to provide financial account information, such as your credit card number or bank account information, to our third-party payment processors. This information is provided directly to such payment processors, and we do not collect or store such information, though we may receive summary information about transactions that does not include credit card or bank account numbers.

The legal ground for processing this data for these purposes is performance of a contract. We also process your personal data as part of our fraud detection processes. The legal ground for processing your personal data for that purpose is our legitimate interest in protecting APG and our customers from attempts to engage in fraudulent transactions.

Your financial account information, such as your credit card, is required to make a payment for a product. The legal ground for processing your email address for this purpose is based on APG’s legitimate interest in collecting payment for its services.

C. Personal Data Processed Related to Addition of an Aircraft to your APG Profile. When you add an aircraft to your APG account, we may ask for additional information, such as the make, model, series name, tail number, year and serial number of the aircraft.

This information is processed to help APG function better by understanding the performance of your aircraft and allowing APG to make better calculations about your flight. The legal ground for processing this information is our legitimate interest in providing a better product that incorporates the performance of your aircraft in making calculations.

D. Personal Data Processed When Use of an APG Application. When you use the APG app, we process information about you and your device including a device ID, IP address, mobile software and hardware information, pages or areas visited within the Service, what time said pages and areas are visited, and web browser information, so that we can provide and customize functionality.

We process this data to provide our customers with a better user experience. The legal ground for processing this information is our legitimate interest in providing a better product that provides the user with a better experience.

E. Personal Data Processed When You Use APG to Create and File Flight Plans. You can use APG to create flight plans and file those flight plans with applicable aviation authorities. When you do this, we process your name, phone number, address, aircraft details (including aircraft weight), date and time of the flight, the quantity of passengers and flight crew, the flight crew name and associated flight details. To the extent such plans include personal data relating to individuals (including but not limited to passengers) we will process that personal data and you agree and warrant that you have obtained all necessary permissions and consents required for us to hold and process such personal data.

This information is processed to help you create flight plans and file them with applicable aviation authorities. The legal ground for processing this information is our legitimate interest in providing a tool to our customers to create and file flight plans.

F. Personal Data Processed From Your Personal Devices. When you use APG, we process the aircraft’s tail number, aircraft weights, latitude, longitude, heading, barometric altitude, destination, estimated time enroute, the quantity of passengers and flight crew and associated flight details. Without location information, APG navigational features will not function properly.

This information is processed to help you keep track of important details regarding your flights. The legal ground for processing this information is our legitimate interest in providing a tool to our customers to keep track of important flight details. In addition, APG’s navigational features help provide you with a safer flight.

G. Personal Data Processed When Communicating With APG. When you interact with our customer support representatives via email, telephone, or online, we collect personal data, such as your name, mailing address, phone number, email address, and contact preferences; and information about the APG products you own. We also may create event logs that are useful in diagnosing product or app performance-related issues, and capture information relating to the support or service issue. When you contact APG for technical support, diagnostic data, including logs from the device on which you use our application, may be automatically uploaded to APG to help the technical support team resolve your concerns.

We use this information to provide you with customer and product support and to monitor the quality and types of customer and product support we provide to our customers. The legal ground for processing this information for these purposes is APG’s legitimate interests in providing quality product support.

WHO APG SHARES YOUR PERSONAL DATA WITH

We will share your personal data with the following recipients:

commercial partners, so they can advise us how best to communicate with you on their behalf.  We do not give your data to partners for them to communicate with you directly.

third party suppliers involved in data insights; website hosting; advertising; systems maintenance; database management; identity checking; payment processing; delivery logistics;

government authorities (including applicable aviation authorities) to assist with their official requests and comply with our legal obligations; and

our advisers and any new owners of the business (in the event our business is sold or integrated with another business).

TRANSFERS OF PERSONAL DATA

APG is a global business. To offer our products, apps, and services, we may need to transfer your personal data to other APG companies in other countries. In particular, the EEA includes all EU countries, as well as Iceland, Liechtenstein and Norway.  Some of the third parties that we share personal data with, may need to transfer personal data outside of the EEA, for example to the United States of America. Where your personal data is transferred to a country outside of the EEA and that country is not subject to an EU adequacy decision, we will ensure your data is protected by appropriate safeguards (for example, EU approved standard contractual clauses, a Privacy Shield certification, or a supplier’s Binding Corporate Rules). 

MERGER, SALE, OR OTHER ASSET TRANSFERS

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of APG assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information, and we disclaim any liability arising out of such entity’s failure to comply with the terms of the MSA or this Privacy Policy.

COOKIES AND SIMILAR TECHNOLOGIES

A. Websites. To help analyze how you and other visitors navigate the APG websites, we compile aggregate statistics about site usage and response rates to help diagnose any problems with APG’s servers, administer the APG websites, and maintain user experience continuity across website pages and site visits, we, with assistance from third-party analytics service providers, collect certain information when you visit our site. This information includes IP address, geographic location of the device, browser type, browser language, date and time of your request, time(s) of your visit(s), page views and page elements (e.g., links) that you click. We may use cookies, pixel tags, web beacons, clear GIFs or other similar tools on our sites or in our email messages to assist us in collecting and analyzing such information. We use this information to provide better, more relevant content on our sites, to identify and fix problems, and to improve your overall experience on our sites.

If you do not want information collected through the use of these technologies, there is a simple procedure in most browsers that allows you to automatically decline many of these technologies, or to be given the choice of declining or accepting them.

B. APG Applications. We also collect data from users about their usage of APG applications. The types of analytical information that are collected include the date and time the app accesses our servers, app version, the location of the device, language setting, what information and files have been downloaded to the app, user behavior (e.g., features used, frequency of use), device state information, device model, hardware and operating system information, and information relating to how the app functions. APG uses this data to improve the quality and functionality of the APG app; to develop and market products and features that best serve you and other users; and to help identify and fix app stability issues and other usability problems as quickly as possible.

The legal ground for processing this analytical information is our legitimate interest in understanding how our customers interact with our products, apps, and websites so we can enhance the user experience and functionality of our products, apps, and websites.

INFORMATION SECURITY

We seek to use reasonable organizational, technical and administrative measures to protect personal information within our organization.  Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.  If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

LEGAL AND SIMILAR DISCLOSURES

We may access, preserve, and disclose collected information, if we believe doing so is required or appropriate to: (i) comply with law enforcement requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) comply with the law; (iv) investigate, prevent, take action, or enforce compliance with regard to a violation of the MSA or this Privacy Policy; (v) investigate, prevent or take action regarding illegal activities or suspected fraud; or (vi) protect your, our, or others’ rights, property, or safety.

We may update this Privacy Policy from time to time as we add new products and apps, as we improve our current offerings and as technologies and laws change. Any changes will become effective upon our posting of the revised Privacy Policy. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email or by posting notice of the changes on the APG website and through the APG app.

RETENTION OF PERSONAL DATA

We will retain your personal data as long as your APG account is active and for five years after (in case you decide to reactivate your membership or have queries about it).

We retain personal data relating to your subscriptions for five years from the date of the relevant transaction.  This is to understand your booking preferences and to meet our legal and contractual obligations.

Where you have asked us not to send you direct marketing, we keep a record of that fact to ensure we respect your request in future.

We also retain information with the potential to give rise to legal disputes for seven years from the expiry or termination of any contracts.

Your Right to Withdraw Consent

Wherever we rely on your consent to process personal data, you always have a right to withdraw that consent.  

You also have the right to object to any use of your personal data for direct marketing purposes, as well as to processing that we undertake based on our legitimate interests. For information on how to exercise your rights, please contact us at support@apgdata.com.

Your other personal data rights
In addition to your rights to withdraw your consent and to object, you have the right to ask us:

for access to information about your personal data or for a copy of your personal data

to correct or delete your personal data

to restrict (i.e. stop any active) processing of your personal data

to provide you with certain personal data in a structured, machine-readable format and to transmit that data to another organization

These rights may not always apply, for example, if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law to keep or have a compelling legitimate interest in keeping.  If this is the case, then we’ll let you know when we respond to your request.

YOUR RIGHTS IN CALIFORNIA

This section applies solely to the personal data of users who reside in the State of California (“consumers” or “you”) and supplements the information contained in APG’s Privacy Policy. We have included this section 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.

Your Rights and Choices: The CCPA provides consumers 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 APG 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 request, we will disclose to you: (i) the categories of personal information we collected about you; (ii) the categories of sources for the personal information we collected about you; (iii) our business or commercial purpose for collecting or selling that personal information; (iv) the categories of third parties with whom we share that personal information, if any; (v) the specific pieces of personal information we collected about you (also called a data portability request); (vi) if we sold or disclosed your personal information for a business purpose, two separate lists disclosing: (a) sales, identifying the personal information categories that each category of recipient purchased; and (b) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights. You have the right to request that APG 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, 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: (i) 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, or otherwise perform our contract with you; (ii) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; (iii) debug products to identify and repair errors that impair existing intended functionality; (iv) exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law; (v) comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.); (vi) engage in public or peer-reviewed research in accordance with Section 1798.105 (d)(6) of the CCPA; (vii) enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; (viii) comply with a legal obligation; or (ix) make other internal and lawful uses of that information that are compatible with the context in which you provided it.

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. For information on how to exercise your rights, please contact us at support@apgdata.com.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and (ii) 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. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

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. 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.

Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: (i) deny you goods or services; (ii) Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (iii) provide you a different level or quality of goods or services; (iv) 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.

YOUR RIGHTS IN THE EUROPEAN UNION

If you reside in the European Union, you have the right under the General Data Protection Regulation to request from APG access to and rectification or erasure of your personal data, data portability, restriction of processing of your personal data, the right to object to processing of your personal data, and the right to lodge a complaint with a supervisory authority. If you reside outside of the European Union, you may have similar rights under your local laws.

Access: You have the right to ask for a copy of the personal information that we hold about you free of charge; however, we may charge a “reasonable fee,” if we think that your request is excessive, to help us cover the costs of locating the information you have requested.

Correction: You may notify us of changes to your personal information if it is inaccurate or it needs to be updated.

Deletion: If you think that we should not be holding or processing your personal information anymore, you may request that we delete it. Please note that this may not always be possible due to legal obligations.

Restrictions on use: You may request that we stop processing your personal information (other than storing it), if: (i) you contest the accuracy of it (until the accuracy is verified); (ii) you believe the processing is against applicable law; (iii) you believe that we no longer need your data for the purposes for which it was collected, but you still need your data to establish or defend a legal claim; or (iv) you object to the processing, and we are verifying whether our legitimate grounds to process your personal information, override your own rights.

Object: You have the right to object to processing, including: (i) for direct marketing; (ii) for research or statistical purposes; or (iii) where processing is based on legitimate interests.

Portability: If you wish to transfer your personal information to another organization (and certain conditions are satisfied), you may ask us to do so, and we will send it directly if we have the technical means.

Withdrawal of consent: If you previously gave us your consent (by a clear affirmative action) to allow us to process your personal information for a particular purpose, but you no longer wish to consent to us doing so, you can contact us to let us know that you withdraw that consent.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

To request access to or rectification, portability or erasure of your personal data, or to delete your APG account, email support@apgdata.com.

Exercising Data Portability and Deletion Rights

To exercise the data portability and deletion rights described above, please submit a request to us by:

Emailing us at: support@apgdata.com

We will need to verify your identity before processing your request. Your request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or a legal 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. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.