GENERAL TERMS & CONDITIONS OF USE
To the effects and purposes of these General Terms & Conditions
- Remotely Piloted Aircraft: Any machine piloted by remote control that can be maintained in the atmosphere by reactions of the air which are not the reactions of the air against the surface of the earth, (hereinafter, RPA).
- Operator: Organisation responsible for the RPA and its operation, as well as for compliance with the legal requirements for being an RPA Operator and, in any case, at least 18 years old.
- Pilot: Person entrusted by the Operator with the direct operation of the RPA and, in any case, at least 18 years old and responsible for compliance with the legal requirements to be met in his or her capacity as a RPA pilot.
- User: The Operator through an authorised representative or the Pilot who provides his or her services to an Operator or for himself/herself.
- SERPAS Platform: Set of software and hardware operated by SAERCO for the provision of SERPAS Services.
2. CONTRACT REGULATED THROUGH THE GENERAL TERMS & CONDITIONS
2.1 Purpose of the contract
These General Terms & Conditions regulate the contractual relations between the company SERVICIOS AERONÁUTICOS, CONTROL Y NAVEGACIÓN, S.L. (hereinafter, “SAERCO”) whose registered office is located at C/ Burgohondo 4, 28023 Madrid, with CIF [Tax I.D. Code] B85951390 and registered in the Commercial Registry of Madrid, volume 27719, folio 133, page M499,549, and the User (hereinafter, the "User") in all aspects relating to the access and use by the latter of:
- The storage and processing of the following data on the SERPAS Platform,
- The ownership information of SAERCO or of third parties, included on the SERPAS Platform by SAERCO, directly or through a third party, for the provision to the User of the SERPAS Flight Support Service (hereinafter, SERPAS Flight Support Data or SFSD).
- The identifying data of the User, which will be personal data in the case of an individual, uploaded by the User to the SERPAS Platform, at the latter''s request, as a mandatory requirement for the provision of the SERPAS Flight Support Service and those other identifying data that the User provides on a voluntary basis, which are included in the User, Operator and Pilot forms (hereinafter, “User Flight Support Data” UFSD). The personal data included in these identifying data will be governed by the provisions of Condition 5 on Personal Data, and in the applicable legislation.
- Data other than those referred to in the previous subsection 2, uploaded by the User, whose contribution is not mandatory (hereinafter, “Data provided by a User” ó DPU). These data are all related to the aircraft, flight planning, flight registration that the user incorporates, and any other data that is incorporated into the SERPAS Platform through its User Account, as well as all those data, images, sounds and recordings obtained through the RPA that are incorporated by the User to the SERPAS Platform.
- Any software integrated into the SERPAS Platform for the provision of the SERPAS services (hereinafter referred to as “Software”)
- The website https://serpas.org and the applications included on it.
- SERPAS Flight Support Service: SERPAS Service consisting of the provision to Users through the SERPAS Platform of their own information or that of third parties, which may serve as a support to a User in meeting the safety and mandatory requirements for the operation of RPAs.
(All of the foregoing, jointly referred to as “SERPAS Services”)
2.2. Acceptance of the General Terms & Conditions
The acceptance of the User, without reservations, of these General Terms & Conditions in their own name and right, in the case of Pilots, and/or on behalf of the Operator in case of appearing as a representative of the latter, of these General Conditions becomes indispensable for access to the SERPAS Services by the User.
The User states in this regard that he or she has read, understood and accepted these General Terms & Conditions, which are available to the User at all times, prior to the formalisation of the contract.
In the event that the User is the Operator through a representative, the latter guarantees that he or she has the legal capacity necessary for accepting these General Terms & Conditions on behalf and in the name of the Operator.
In the event that the User is a Pilot who provides services to an Operator, it is necessary that the Operator has previously accepted these General Conditions through his/her authorized representative. The use of the SERPAS Platform and/ or the SERPAS Services will mean the full and unreserved acceptance and validity of each and every one of the clauses included in the latest updated version of these General Conditions, for which the User must be aware of the importance of reading them each time he/she visits https://serpas.org.
3. USE OF THE SERPAS SERVICES
3.1 The User undertakes to use the SERPAS Platform and the SERPAS Services in accordance with the applicable legislation and with the provisions contained in these General Terms & Conditions.
3.2 In particular, with respect to the SERPAS Flight Support Service, the User accepts the fact that the information contained in the SFSD is supplied solely for purposes of information and cannot be considered as replacing the requirements contained in the applicable regulations or in the Aeronautical Information published according to the established official media.
3.3 The User may not use the SERPAS Services for illicit purposes and/or purposes contrary to the provisions established in these Standards of Use, infringing the rights and/or interests of third parties or which, in any way, could damage the SERPAS Platform or its Services or prevent its normal use by the rest of the Users or by SAERCO, or which could damage their image.
3.4 To improve the operation of the SERPAS Platform, and to the benefit of its Users, SAERCO may unilaterally modify or increase or reduce the SERPAS Services or any substantial aspect of the SERPAS Platform, or the conditions of operating effectiveness, technical conditions or conditions of use of the Platform and/or its Services, at any time and without prior notice.
3.5 The Users of the SERPAS Platform and/or the SERPAS Services must observe all instructions as may be given by e-mail, through the website https://serpas.org or through duly authorised SAERCO personnel.
4. USER ACCOUNT
In order to access the SERPAS Services, Users are required to register on the SERPAS Platform, by completing a registration form, on which identification data will be requested with respect to the Operator and the Pilot, together with other legally required information for the possession and operation of RPAs.
The data provided will be included in the “User Account”, which will only be accessible through the User Name and Password to be chosen by the User at the time of creating the “User Account”.
The Users guarantee and are responsible in any case for the truthfulness, accuracy, validity and authenticity of the data provided on the registration form and undertake to keep the information duly updated with respect to any changes as may occur. These data are the “User Flight Support Data” or UFSD referred to in Clause 2.1.
The User shall be the sole party responsible to the Competent Authority and to third parties for the lack of truthfulness of the UFSD provided and for noncompliance with the requirements to be met for the possession and operation of RPAs. SAERCO is fully exempted by the User from any and all liability in this regard and is under no obligation whatsoever to verify the UFSD or to verify compliance by such data with the applicable legislation.
The User Account may only be used by the Pilot or by the Operator who owns it. The Operator authorizes his Contracted Pilots to include in the UFSD of their User Accounts the association between both Users (Pilot-Operator) in the SERPAS Platform for access to this and to the SERPAS Services. The User alone is responsible for all of the activities carried out through the User Account, for which reason the User undertakes to keep the User Name and the Password of the User Account confidential, establishing a secure procedure for facilitating such identification to the employees and personnel authorised to use the User Account. In the event of the loss of the User Name and/or Password, the User must report such loss immediately to SAERCO. SAERCO accepts no liability whatsoever for any direct or indirect damages or losses which the User may suffer on account of the unauthorised use of the User Account.
The Users alone are responsible for their interactions with other Users or with other persons through the SERPAS Platform, whereby SAERCO is exempt from any and all liability in this regard.
Likewise, the User is responsible for the DPU that is included in the SERPAS Platform, including all those relating to the aircraft, flight planning and flight registration, as well as all data, images, sounds and recordings obtained through the RPA that is incorporated by the User to the SERPAS Platform.
5. DATA PROTECTION
In compliance with current legislation on the protection of personal data, you are advised that the Personal Data that may be required of Users who are individuals, on the occasion of the opening of User Account or during the contractual relationship of SAERCO with the User, for the provision of SERPAS Services, they will be subject to automated processing.
The acceptance of these conditions will imply the provision of express consent for SAERCO to treat the personal data called UFSD, with the purposes set out in this Condition 5.
Theperson responsible for processing of the user''s personal data the company is SERVICIOS AERONÁUTICOS, CONTROL Y NAVEGACIÓN, S.L. (“SAERCO”) with CIF B85951390 and domiciled in Burgohondo Street, 4, 28023 MADRID.
The data collected by SAERCO are the "User Flight Support Data" (UFSD) and the information obtained automatically.
The UFSD of individuals are the following:
- Name, address and NIE.
- License data.
- Email address.
Additionally, SAERCO has other information that it obtains automatically, which is the following:
- Information that SAERCO obtains automatically about the User and about its use of the SERPAS Service, as well as its interactions with SAERCO.
- Reviews, likes and flight preferences that are collected in the User''s Account.
The collection and automated processing of Personal Data is for the purpose of management and administration of the contractual relationship with the User; the provision, extension and improvement of SERPAS Services for the benefit of the User; and the communication to this, by traditional and / or electronic means, of administrative, technical, organizational and / or commercial information about the SERPAS Platform and / or the SERPAS Services, now and in the future.
SAERCO will keep the User''s Personal Data for the legally established time to meet the responsibilities that may arise from the processing of the Data and / or responsibilities derived from the provision of the SERPAS Service to the User, or until the User has requested their opposition or deletion, if applicable.
The legal basis that justifies the processing of personal data provided by the User is the contractual relationship between SAERCO and the User, which is implemented in these General Conditions.
And the legal basis that justifies the processing of the personal data that SAERCO obtains automatically is the legitimate interest of SAERCO, without it being in conflict with the rights and freedoms of the User.
The holders of the data may at any time exercise the right of access, rectification, cancellation, limitation, opposition and portability, in the terms set out in the current data protection regulations, indicating the right you wish to exercise, by writing to SAERCO, at the address Burgohondo Street nº 4, 28023 Madrid, with the reference Data Protection, or by mail addressed to the address DPD@SAERCO.com.
The User may request access to their personal information, and correct or update their Personal Data.
Any queries that the User may wish to make about their fundamental right to data protection can be addressed to the Delegate of Data Protection in writing or by mail to DPD@SAERCO.com.
SAERCO guarantees that it has adopted the appropriate security measures in its facilities, systems and files. Likewise, it guarantees the confidentiality of the Personal Data, although it will disclose to the competent public authorities the Personal Data and any other information that is in its attempts or is accessible through its systems and is required in accordance with the legal provisions and regulations applicable to the case. The Users of the SERPAS Platform and its Services guarantee and respond, in any case, for the veracity, accuracy, validity and authenticity of the Personal Data provided, and undertake to keep them duly updated to the extent that they are aware of the modifications that, where appropriate, occur.
2.- The User is the Responsible for the Treatment of the DPU, which are the data related to the aircraft, flight planning and flight registration that the User incorporates into the SERPAS Platform through his User Account, as well as all those data, images, sounds and recordings obtained through the RPA that are incorporated by the User to the SERPAS Platform, such as:>
- Recording of the itinerary made.
- Reviews, likes and flight preferences that the User provides to SAERCO in any way.
The User designates SAERCO as Data Processing Manager of DPU, and authorizes this company irrevocably so that directly or through its subcontracting with third parties proceed to store, reproduce, collect, and process the DPU to the extent that it is strictly necessary for the a) Provision of the SERPAS Services in the terms established in these General Conditions b) Comply with the applicable legislation.
SAERCO is committed to fulfilling its obligations as the processor in charge of the DPU, as well as to the adoption of any security measures that may be required in accordance with existing legislation and technology.
6. CONSENT TO ELECTRONIC MESSAGES
The Users agree to receive electronic messages from SAERCO, as from the time of the creation of their User Accounts, in relation to the SERPAS Platform and to the SERPAS Services, including but not limited to updates or to new services. Nevertheless, in each e-mail sent, Users will be given the option to suspend the receipt thereof by following the instructions contained in the message.
7. INTELLECTUAL PROPERTY RIGHTS
All of the information contained on the SERPAS Platform is protected by copyright or other intellectual property protection rights. These rights belong exclusively to SAERCO or to its licensors.
Without prejudice to the provisions contained in these General Terms & Conditions, the distribution, modification, transfer, public communication, reproduction or any other act with respect to all or part of the information published on https://serpas.org, is prohibited, unless the prior consent of SAERCO is obtained.
Users must use the content and information contained on https://serpas.org, in a diligent, proper and licit manner.
In the event that https://serpas.org refers to advertising or websites belonging to third parties through links, SAERCO is not under the obligation of controlling and does not previously control, approve or accept as its own the services, content, data, files, products or any kind of material whatsoever existing on a third-party website or websites, whereby under no circumstances will it be responsible for the content of such site/s, which shall be the exclusive responsibility of the third party who must, on an indicative and not a restrictive basis, ensure respect for the lawfulness, morality, decency and public order of the content, as well as guarantee that such content does not infringe any rights of third parties. The existence of a hyperlink does not presuppose a relationship of any kind between SAERCO and the owner of the website on which it is established.
9. EXCLUSION OF GUARANTEES AND OF LIABILITY
9.1 SAERCO does not guarantee the reliability, availability or continuity of the functioning either of its website or of the SERPAS Services made available to the User, for which reason it excludes any and all liability for damages of any nature whatsoever that could be due to a lack of the reliability, availability or continuity of its website or of its SERPAS Services, although it will attempt to provide technical assistance to the person affected, to the best of its ability.
9.2 SAERCO does not undertake to control and does not previously control the absence of virus or elements in the content that could give rise to alterations in the software or hardware of the Users, whereby it will not be liable for damages of any nature whatsoever as may derive from them.
9.3 SAERCO does not undertake to control and does not previously control, approve or accept as its own the services, content, data, files, products or any kind of material whatsoever existing either on the website https://serpas.org or the websites of third parties, whereby under no circumstances will it be responsible for the content of such site/s, which shall be the exclusive responsibility of the third party who must, on an indicative and not a restrictive basis, ensure respect for the lawfulness, morality, decency and public order of the content, as well as guarantee that such content does not infringe any rights of third parties.
9.4 SAERCO does not undertake to control and does not control or guarantee the reliability, updating or truthfulness of the information included in the SFSD, for which reason SAERCO warns that such SFSD neither replace the official information needed by the User for the Operation of the RPA nor do they ensure compliance with the obligations binding upon the Operator and/or the Pilot. Therefore, SAERCO is exempt from any and all liability for damages of any nature whatsoever which could occur due to the lack of the availability, reliability or continuity of its website or of its services, or due to a lack of truthfulness or the updating of the information included in the SFSD.
9.5 The User shall be liable for the damages of any nature whatsoever which SAERCO may suffer as a consequence of noncompliance by the User with the law or with any of the general terms & conditions contained in this agreement.
10.1 General information
A cookie is a text file which is stored in the personal computer or mobile device connected to the website, which the latter sends to the browser and which this in turn is capable of recovering or reading, in such a way as to enable the website to have information available on the browsing preferences of the User, for the purpose of facilitating a more efficient and useful browsing experience in the User’s next visit. Cookies make the interaction between the User and the website faster and easier.
The cookies are associated exclusively with a single User who is always anonymous and with the User’s own computer or mobile device, not enabling or allowing either SAERCO or third parties to obtain or store any personal information whatsoever in a cookie or associate it with an identified or identifiable person.
10.2 Types of cookies
Cookies can be identified through a number of criteria, giving rise to three classifications. Depending on the entity that manages the domain from which the cookies are sent and processes the data obtained, two types can be defined: first-party cookies and third-party cookies.
There is also a second classification depending on the span of time during which the cookies remain stored in the customer’s browser, that is, session cookies or persistent cookies.
Finally, there is another classification with five types of cookies based on the purpose for which the data obtained are processed: technical cookies, personalisation cookies, analytics cookies, advertising cookies and behavioural advertising cookies.
10.3 Cookies used on the website
The cookies being used on this website, together with their type and function, are identified below:
The website https://serpas.org uses Google Analytics. Cookies from this service can be observed in the browser of the website Users. Google Analytics is a free web analysis tool provided by Google, which enables SAERCO, as the owner of the website https://serpas.org to avail itself of the measurement and analysis of the browsing on its web pages.
According to the types described above, the cookies involved are first-party, session and analytics cookies.
Through the web analytics, information is obtained on the number of users who access the site, the number of pages viewed, the frequency and repetition of the visits, their duration, the browser used, the operator who provides the service, the language, the terminal used and the city to which its IP address is assigned. Information enabling better and more appropriate service by this website.
In any case, SAERCO will use this information solely for the purpose of improving its services. SAERCO may share this information with its companies, customers, providers, sponsors and/or advertisers, but in the same way and, in any case, on a global and statistical basis only.
To guarantee anonymity, Google will render the User´s information anonymous by truncating the IP address before storing it, in such a way that Google Analytics will not be used for locating or collecting identifiable personal information on the visitors to the site. Google will only be able to send the information collected by Google Analytics to third parties whenever it is under a legal obligation to do so. According to the terms & conditions of the provision of the Google Analytics service, Google may not associate the User’s IP address with any other data item kept by Google.
10.5 How to change the configuration of the cookies
You can restrict, block or delete the cookies belonging to this website by using your browser. The steps are different in each browser, however, instructions can be found on your browser´s help menu.
Through your browser, you can also see the cookies that are in your computer or device and delete them at your choice.
10.6 Informed consent