Network for the Sky

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The “www.nfts.airbus.com” site accessible at http://www.nfts.airbus.com  (the “Site”) is owned and operated by Airbus SAS, a French simplified stock corporation (société par actions simplifiée), with a share capital of Euros 3.226.781 , registered with the Trade and Companies Registry of Toulouse (France) under No. 383 474 814 and having its registered office at 2, rond-point Emile Dewoitine, 31700 Blagnac, France (“Airbus” or “we” or “us”). These Terms of Use (“Terms of Use”) define the legal framework governing access to and use of the Site. Access to and use of the Site are subject to your acceptance of these Terms of Use, as they may be amended from time to time by Airbus. In this regard, by accessing or using, the Site,  you agree to be bound automatically by these Terms of Use as well their amendments in force at the time of your access to the Site, and you agree that such acceptance shall have the same legal value as a written express acceptance. If you do not accept these Terms of Use, please do not (and you are not permitted to) access or use the Site. Please read carefully these Terms of Use, as well as our Privacy Policy www.airbus.com/privacy-policy.html, before using the Site. You should read there Terms of Use every time you use the Site.

These Terms of Use do not alter nor modify any other agreement you might have with any company of Airbus any of its Affiliate. “Affiliate” means any entity directly or indirectly controlled by Airbus Group S.E., a European public limited-liability company (Societas Europaea) registered in the Netherlands under the number 24 28 89 45, having its registered office in Mendelweg 30, 2333 CS Leiden, Netherlands.

1. Use of the Site

Subject to your full and perfect compliance with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, free of charge and revocable right of access and use of the Site. Any other rights are expressly excluded except otherwise provided in a specific written agreement.   Therefore, you shall not, and shall not authorize a third party to, without limitation, (i) modify, reproduce, represent, adapt and/or translate all or any part of the Site and/or related content; (ii) extract, all or any part of the Site and/or its content, or create any derivative work from all or part of the Site and/or its content; (iii) reverse engineer, decompile, disassemble or transform, in any way the object code of the Site into source code; (iv) distribute, sublicense, assign, share, sell, rent, lease or loan in any way the Site or the right to use the Site; (v) delete or modify any droit d'auteur, copyright, trademark or any other proprietary rights relating to the Site which we or our licensors own; or (v) use the Site for purposes other than those expressly authorized by these Terms of Use.
In addition, it is strictly prohibited to (i) extract, by permanent or temporary transfer, or re-use all or part of the content of our Site to another medium, by any means and in any form; (ii) bypass or circumvent any measures employed to prevent or limit access to our Site; (iii) link to any portion of our Sitefor any purpose; and (v) use any device, software or routine that interferes or attempts to interfere with the normal operation of our Site or take any action that imposes an unreasonable load on our equipment. We try to make the Site accessible at all time, but we cannot warrant that the service will be continuous or without defect.      We reserve the right to modify all or part of the Site, at any time, including, without limitation, the right to delete, modify and/or vary any elements, features and functions of the Site.
You recognize that you will be able to use the Site only if your device has an Internet connection. Traffic or access fees charged to you due to the use of the Site are subject to the general terms concluded with you Internet service provider or mobile network operator. You understand the risks associated with the use of Internet, including, without any limitation, unavailability of the Site, non-confidentiality or loss of integrity of the data transmitted, potential virus attacks, etc. 
Without prejudice to our rights and remedies, we reserve the right to suspend temporarily or permanently your access to the Site, at any time, without notice in the event you violate any provision herein. In the event we consider that your use of the Site is unlawful and/or unauthorized, and/or violates these Terms of Use, we reserve the right to undertake any procedure we deem necessary, including to terminate these Terms of Use and to take any legal action.

2. Term and Termination

As long as you use the Site, these Terms of Use shall be applicable between you and us. We can terminate these Terms of Use at any time and prevent you from accessing the Site. In case of termination of these Terms of Use, for any reason whatsoever, the rights granted to you hereunder shall be terminated and you will no longer be authorized to use the Site.

3. Airbus Proprietary Rights

© Airbus SAS 2017 • All right reserved.

The Site, its content, including, without limitation, their distinctive names, designations, logos and product and service marketing and all, trademarks, trade names, drawings, pictures, copyrights, droits d’auteur,  patented information and databases and any other intellectual property rights in and to the Site are the property of Airbus or its licensors. AIRBUS, Airbus’ logos and product and service designations are protected trademarks of Airbus. Access to and use of the Site shall not be construed as assigning nor granting any license in respect of any kind of these proprietary rights. We reserve any rights related to the Site that are not expressly granted to users hereunder. 

4. Registration And Subscription

To access and use the Website or certain services (such as newsletters), you may be required to sign up to the Website and/or to the services concerned. As the case may be, please follow the instructions on screen.

5. User / Third Party Content

The Site may contain third party created content and/or user-generated content (“UGC”), including, without any limitation, comments, reviews, picture, feedback, video, voice, pseudonym and any other information. We are not responsible for and do not necessarily hold the opinions expressed by our content contributors: opinions and other statements expressed by users and third parties are theirs alone, not opinions of Airbus. You are solely responsible for your UGC and may be held liable for UGC that you post. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our Site, we are not accepting any obligation or liability relating to the content.
Airbus, the Affiliates and their respective affiliates, successors, assignees, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our Site for appropriate or unlawful content. Airbus, the Affiliates and their respective affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, we reserve the right to block or remove communications, postings or materials at any time. Users are expected to only post lawful material that does not violate, restrict or inhibit any rights. In connection with each of your submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Airbus to use all trademark, trade secret, copyright, droit d’auteur, and other applicable proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms of Use; and (ii) you have the written consent, release, and permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms of Use.
In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by droit d’auteur, protected by trade secret or otherwise subject to any third party proprietary rights, including, without any limitation, intellectual property rights, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, immoral, obscene, defamatory, libelous, threatening, pornographic, pedophile, revisionist (denying existence of the Holocaust), harassing, hateful, racially or ethnically offensive, constitutes a violation of any rights, an intellectual property infringement, an invasion of privacy or publicity rights, is contrary to the rights of image or honour, abusive, or encourages political, racist or xenophobic violence, gives rise to civil liability, violates any law, or is otherwise appropriate; or (iv) post advertisements or solicitations of business. If you submit written or multimedia content, Airbus will not publish it elsewhere, except in the conditions set forth in the Terms of Use, without your consent. However, you should be aware that other users may be able to copy or download any content published on the Site.
By posting or submitting UGC on or to our Site, you (1) consent and authorize Airbus, the Affiliates, and their respective affiliates, successors, assignees and authorized third parties to use, royalty-free, worldwide and for ten (10) years from the date the user posted or submitted the UGC on or to our Site, and a one-off basis for promotional purposes relative to Airbus’ historical heritage thereafter, on any media and by any means, now known or unknown, including, without any limitation, on our Site, your image, voice, first and last name and other elements of your personality, in all or in part, that are embedded in any UGC you post or submit on or to our Site, for all purposes whatsoever, and (2) grant Airbus, the Affiliates and their respective affiliates, successors, assignees and authorized third parties, for the duration of legal protection of intellectual property rights under applicable law, the transferable, irrevocable, worldwide, royalty-free right to exploit, reproduce and represent the UGC, including, without any limitation: (i) to copy such content, by all means known or unknown (such as, but not limited to, paper, electronic, magnetic, optical or digital, etc.); (ii) to display or publish such content on our Site and in all affiliated publications of Airbus, and by any means of diffusion or broadcasting known or unknown, and to store such content; (iii) to distribute such content and use such content for promotional and marketing purposes, including without any limitation, for internal and/or external institutional communication purposes, as well as for the promotion of Airbus’ activities around the world, including for the needs of events organised by or on behalf of Airbus; (iv) to adapt such content and make all modifications considered necessary by Airbus (notably, without limitation, the right to arrange, modify, correct, upgrade, ad, crop and/or integrate all or part of the Content in other works); and (v) to translate the UGC in any language.

6. Liability

Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offence.
You expressly agree that your use of the Site is at your sole risk. Airbus, its officers, employees, contractors or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of this Site or any information, services or content on this Site. You will be responsible for any loss we suffer as a result of your violation of these Terms of Use or any instructions given by Airbus, including information given during the installation process of the Site or instructions related to all security requirement communicated by Airbus to you. You agree to indemnify and hold harmless Airbus and the Affiliates, and their respective affiliates, successors, assigns, employees, agents, directors, officers and shareholders, managers, licensors and insurers, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use or any breach by you of your representations and warranties hereunder. To the extent permitted by applicable laws, the Site and its content are made accessible on an “as is” and “as available” basis. Airbus gives no warranty nor represents, without limitation, that (i) the Site and its supporting elements will meet your requirements, (ii) the same will be uninterrupted, timely, or default and error free, (iii) the result that may be displayed through the Site will be accurate, up to date or reliable, (iv) the quality of any data, information or other material obtained will meet your expectations and that such data, information and other material will be default and error free, or that any errors will be corrected. We reserve the right to correct any errors or omissions on our Site. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “trojan horses” or other destructive materials to our Site, we do not guarantee or warrant that our Site or materials that may be downloaded from our Site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on our Site and any materials available through our Site, you do so solely at your own risks. You shall be responsible for backing up your own system, including any content downloaded through the Site.
Our Site may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles or other information created by us or by third-parties. Due to the number of sources from which content on our Site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content is for your reference only and should not be relied upon by you for any purpose. Information created by third parties that you may access on our Site or through links is not adopted or endorsed by us and remains the responsibility of such third parties.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Site (or any part thereof) with or without notice. You agree that Airbus shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Site. In addition, in the event you breach these Terms of Use or engage in any activity that is harmful to us or our users, we reserve the right to terminate your access to our Site or take any other actions that we believe to be in our interest and of our users as a whole.

7. Links to Third-Party Websites

The Site may contain hyperlinks to websites operated by parties other than Airbus. Such hyperlinks are provided for your reference only. We are not responsible for (i) the availability or the content of other services that may be linked to our Site, or (ii) the privacy or other practices of such websites. 
Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse or approve and are not responsible or liable for any content, accuracy, quality, advertising, products, services or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such service. We are not responsible for hypertext links from any and all third party web sites to the Site and forbid anybody to establish such a link without Airbus prior written authorization.

8. Data Protection and Privacy

When you access and use the Site, we may collect, use and process, to the extent permitted by law, your personal data provided by you (such as your name, your date of birth, your email address, your travel information, etc.) or generated as a result of your access and use of the Site. For more details on how your personal data is used, please consult our Privacy Policy available here www.airbus.com/privacy-policy.html. By using the Site, you consent to the collection and processing of your personal data by us, in accordance with our Privacy Policy www.airbus.com/privacy-policy.html , and warrant that all data provided by you is up to date, comprehensive and that you will maintain the accuracy of this information by updating them when necessary. You are entitled to a right of access, modification and deletion as to your personal data. To this effect, please contact Airbus by e-mail at the following address:web@airbus.com.
We are committed to protecting your privacy and the confidentiality of your personal data. However, we are not able to control the use by third parties of any information concerning you that may appear on the Site.

9. Modification of the Terms of Use

We may modify or adapt these Terms of Use at any time, for the future. We will inform you of any substantial modification by placing a notice on the Site . Your continued access and use of the Site after a modification or adaptation of these Terms of Use will be deemed as your acceptance of any modified terms.
If you disagree with any modification or adaptation of the Terms of Use, you must cease accessing and using the Site.

10. Governing Law and Disputes

These Terms of Use are governed by and construed in accordance with the laws of France, subject to any local applicable non derivable public policy rule. In case of dispute, we encourage you to contact us on web@airbus.com, in order to find an amicable solution. If no amicable solution can be reached, any dispute arising in connection with these Terms of Use shall be subject to the jurisdiction of the courts of France. We inform you that you can use a mediation procedure or any other alternative dispute resolution methods, prior to litigation.

11. Miscellaneous

These Terms of Use form the entire agreement between you and us with respect to the subject matter hereof, and supersede the terms of any other communications or advertising with respect to the Site. These Terms of Use shall coexist with, and shall not supersede, our Privacy Policy www.airbus.com/privacy-policy.html.
If any provisions hereof are determined to be illegal, invalid or otherwise unenforceable, in whole or in part, by reason of the laws of any state or country in which these provisions are intended to be effective, then to the extent and within the jurisdiction in which such provisions are illegal, invalid or unenforceable, they shall be severed and deleted from these Terms of Use and the remaining provisions shall survive and continue to be binding and enforceable.
Failure by any party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Nothing herein shall be construed as granting, directly or indirectly, any rights to any third parties, and third parties are not allowed to enforce any of the provisions herein against us.

Last updated June, 2017.

INFORMATION NOTICE

Airbus and its affiliates (also known as, “Airbus”, or “we” or “us are committed to protecting the rights of individuals in line with the General Data Protection Regulation (reference EU2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (hereinafter referred as : ‘GDPR’) as well as each applicable national Personal Data protection laws and regulations (collectively referred as “Data Protection Laws and Regulations”).

Which sources and what Personal Data do we use?

Airbus will collect, use and process any Personal Data you provide us: your name, date of birth, company name, ) and any information generated as a result of using the Website/apps,/processing such as IP address, the date and length of visit to the site, the pages you view..

What are the purposes of the processing of your Personal Data?

By using the Website, Airbus will collect and process your Personal Data in accordance with this Notice. Your Personal Data may be used for the following purposes (hereinafter referred as : the ‘Purposes’): • Website Browsers / Administration.
• We use your Personal Data for administrative purposes, including to help us better understand how our customers access and use our websites and applications; to provide reports to prospective partners, service providers, regulators, and others; to implement and maintain security, anti-piracy, fraud prevention, and other services designed to protect our customers, partners and us; and to enforce our policies, directives and processes.
• Marketing.
• To the extent permitted by law, we may use your Personal Data for marketing and promotional purposes, including communications through email or equivalent electronic means. For example, we use your Personal Data, such as your email address, to send news and newsletters, special offers, promotions and competitions, or to otherwise contact you about services or information we think will interest you.
• Communication.
• We use your Personal Data to communicate with you, including responding to requests for assistance. We can communicate with you in a variety of ways, including email and via your social media accounts if you have agreed, and/or text message.
• Customer service.
• We use your Personal Data for customer service purposes, including providing services to you, for technical support or other similar purposes and to establish and maintain customer accounts.
• Research and development.
• We use your Personal Data for research and development purposes, including improving our websites, applications, services, and customer experience and for other research and analytical purposes dedicated to improving our products, services, businesses, operations and processes.
• Legal compliance.
• We use your Personal Data to comply with applicable legal obligations, including responding to an authority or court order or discovery request. • To protect us and others.
• Where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of policies, terms, and other policies.

What is the basis for processing of your Personal Data?

As a responsible company, we need a lawful basis for collecting and/or processing your data. We generally rely on a number of grounds (reasons) for our business processing.
We process your Personal Data in accordance with the provisions set out in the GDPR and the relevant applicable Data Protection Laws and Regulations. The legal basis for processing your Personal Data are:
• To comply with contractual obligations.
When you subscribe to a particular service through the Website, the purposes of processing your Personal Data are primarily determined by that service and we will process your information so that we can provide that service to you.
• As a result of your consent.
When you have consented to the processing of your Personal Data by us for certain services through the Website, you can withdraw consent at any time by following the instructions provided in the application process or by contacting us at dataprotection@airbus.com. For further information on the right of withdrawal, please see below Section “Am I obliged to provide my Personal Data?”
• Within the scope of a legitimate interest.
On occasion we may not need your consent to use your data, given our legitimate interest to do so but we must inform you that we do this; examples of this are:
• For the analysis and optimisation of the Website.
• For ensuring IT security and the IT operation of Airbus.
• For prevention and investigation of criminal acts.
• On the basis of Airbus’ legal obligations or in the public interest.
Airbus, as any other company, is subject to legal obligations and regulations. In some cases the processing of your Personal Data will be necessary for Airbus in order to fulfil these obligations.
Who will receive your Personal Data?
• Authorised persons working for or on behalf of Airbus;
• Airbus SE and affiliates of Airbus, on a need-to-know basis for the purposes as outlined in this Privacy Notice;
• Our agents, service providers and advisers (e.g. Third party service providers and advisers providing the variety of products and services we need such as IT maintenance and support, procurement services, compliance and security services, etc.);
• Law enforcement or government authorities where necessary to comply with applicable law.

Will your Personal Data be transferred to a third country outside the European Economic Area (EEA)?

Airbus processes your Personal Data mostly in the EEA. On occasion Personal Data is transferred to Airbus SE or affiliates of Airbus, on a need-to-know basis, including entities outside the EEA. This transfer is subject to appropriate safeguards, and through the legal framework of our Binding Corporate Rules, that can be found on our website www.airbus.com or viewed here Airbus BCR's or through alternative contractual frameworks where a third party is engaged to help us providing web-services to you.
Which countries/regions will Airbus transfer Personal Data to?
Our Binding Corporate Rules allow us to transfer Personal Data within our international organisation, and they include a list of countries (below) which are structured to allow us to transfer Personal Data to the countries where we have a presence.  For Airbus, France and Germany are where most of our processing of personal information takes place and below is a list of countries, regions and territories where Airbus operates:
Algeria, Australia, Belgium, Brazil, Canada, Chile, China, Czech republic, Denmark, Egypt, Finland, France, French Guyana, Germany, Greece, Hong Kong, Hungary, India, Indonesia, Ireland, Italy, Japan, Kazakhstan, Libya, Malaysia, Mexico, Morocco, Netherlands, New Zealand, Norway, Oman, Philippines, Poland, Qatar, Romania, Russia, Saudi Arabia, Singapore, Slovakia, South Africa, South Korea, Spain, Sweden, Taiwan, Tanzania, Thailand, Tunisia, Turkey, United Kingdom, United States of America, Uruguay, United Arab Emirates, Vietnam.
For how long will your Personal Data be stored?
We process and store your Personal Data as long as it is required to meet our contractual and statutory obligations. If your Personal Data is no longer required for the performance of the contractual or statutory obligations, these will be erased on a regular basis unless further processing is necessary, for instance, for preserving particular evidence under the applicable Data Protection Laws and Regulations, or in the context of legal statutes of limitation.

Security
We use technical and organisational security measures in order to protect the data we have under our control against accidental or intentional manipulation, loss, destruction and against access by unauthorised persons. Our security procedures are continually enhanced as new technology becomes available.

What are your rights and how to exercise them?
You may at any time exercise your data protection rights:
• Right to access/obtain a report detailing the information held about you: You have the right to obtain confirmation as to whether or not your Personal Data is being processed by Airbus and if so, what specific data is being processed.
• Right to correct Personal Data: You have the right to change any inaccurate Personal Data concerning you.
• Right to be forgotten: In some cases, for instance, when the Personal Data is no longer necessary in relation to the Purposes for which they were collected, you have the right for your Personal Data to be erased.
• Right to stop the processing of your data: You have the right to restrict the processing of your Personal Data by Airbus, for instance when the processing is unlawful and you oppose the erasure of your Personal Data. In such cases, your Personal Data will only be processed with your consent or for the exercise or defense of legal claims.
• Right to data portability: Under some circumstances provided by law, you have the right to receive the Personal Data concerning you in a structured, commonly used and machine-readable format and/or transmit those Personal Data to another data controller.
• Right to object and to withdraw consent: please see below section “Am I obliged to provide by Personal Data?”
To this effect, please contact Airbus in writing either by e-mail at the following address: dataprotection@airbus.com or by writing to the addresses below, enclosing a copy of a document evidencing your identity.
Airbus SAS, Head of Data Protection, HAP, 2 rond-point Emile Dewoitine 31700 Blagnac cedex. France

How can I contact Airbus in respect of my Personal Data?
If you are unhappy with the way in which your Personal Data has been processed or should you have questions regarding the processing of your Personal Data, you may refer in the first instance to the Airbus Data Protection Officer, who is available for enquiries or complaints, at the following email address: dataprotection@airbus.com or you can write to the address below:
Airbus SAS, Head of Data Protection, HAP, 2 rond-point Emile Dewoitine 31700 Blagnac cedex. France

Can I ask for assistance to the competent authorities?
If you remain unsatisfied, then you have the right to apply directly to a Data Protection Supervisory Authority. Listed below are the four main European countries where Airbus operates and the relevant Supervisory Authority
FRANCE: CNIL: Supervisory Authority France
GERMANY: Datenschutz-hamburg: Supervisory Authority for Airbus Operations GmbH
or
lda Bayern: Supervisoy Authority for Airbus Companies in Bavaria, Germany
or
any other competent regional German authority as the case may be,
SPAIN: AGPD.Supervisory Authority Spain
UK: ICO: Supervisory Authority UK