ForeFlight Privacy Policy for CloudAhoy Branded Services
Notice
In April of 2023, ForeFlight LLC (“ForeFlight”), a wholly-owned subsidiary of The Boeing Company, announced the acquisition of CloudAhoy, Inc. (“CloudAhoy”) and has subsequently merged CloudAhoy into ForeFlight wherein ForeFlight is the surviving entity.
Introduction
This privacy policy is designed to inform users of the CloudAhoy branded website, cloudahoy.com, and mobile application, each operated by ForeFlight LLC (“ForeFlight”,”we” or “us”), which provide flights analysis and debrief service (the “Service”) about how ForeFlight gathers and uses personal information collected by ForeFlight through the Service. ForeFlight will take reasonable steps to protect user privacy consistent with the guidelines set forth in this policy and with applicable U.S. laws. In this policy, “user” or “you” means any person viewing the CloudAhoy branded website, using the Service or submitting any personal information to ForeFlight in connection with using the Service. By using the Service, you are indicating your consent to this Privacy Policy. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU SHOULD NOT USE THE SERVICE.
What Information Do We Collect?
Personal Information: If you sign up to create a CloudAhoy account we ask you for certain personal information for the account, including information such as your name, email address, payment information (such as credit card number), home airport and ratings (the “Personal Information”). In addition, if you contact ForeFlight and disclose additional personal information, we may store that Personal Information.
User Data: When you use the Service, you may transmit to ForeFlight certain user-specific data (“User Data”) including the flight data (for example, location data including GPS coordinates, flight planning information, flight parameters, and audio), and additional information that the Service allows you to input, such as annotations and comments to your flight data, and auxiliary information such as pilot names.
Web Tracking Information: We, and third party service providers that we engage to provide services to us (“Contractors”), may use web tracking technologies such as cookies, web beacons, pixel tags and clear GIFs in order to operate the Service efficiently and to collect data related to usage of the Service. Such collected data (“Web Tracking Information”) may include the address of the websites you visited before and after you visited the CloudAhoy branded website, the type of browser you are using, your Internet Protocol (IP) address, what pages in the Service you visit and what links you clicked on, and whether you opened email communications we send to you. In order to collect Web Tracking Information and to make your use of the Service more efficient, we may store cookies on your computer. We may also use web tracking technologies that are placed in web pages on the Service or in email communications to collect information about actions that users take when they interact with the Service or such email communications, and our Contractors may also do so. Some Web Tracking Information may include data, such as IP address data, that is unique to you. You may be able to modify your browser settings to alter which web tracking technologies are permitted when you use the Service, but this may affect the performance of the Service.
Mobile Users: If you access the Service from a mobile device, we may collect unique identification numbers associated with your device or our mobile application, your geographic location data including GPS coordinates, or similar information regarding the location of your mobile device.
How Do We Use the Information We Collect?
Personal Information: We will use and store Personal Information for the purpose of delivering the Service (including to establish or renew your CloudAhoy account), and to analyze and enhance the operation of the Service. We may also use Personal Information for the internal operational and administrative purposes of the Service. We may enter Personal Information into a contact management database, and may use such databases to send you marketing materials and to contact you regarding your interest in ForeFlight products and services.
User Data: We will use the User Data only to provide the Service. We may aggregate User Data across all or a subset of users to create statistical information relating to the use of the Service, as described in “Aggregate Information” below.
Aggregate Information: We will also create statistical, aggregated data relating to our users and the Service for analytical purposes. Aggregated data is derived from Personal Information and User Data but in its aggregated form it does not relate to or identify any individual or any specific flight data. This data is used to understand our customer base and to develop, improve and market our services. The data will also be used for the promotion of industry initiatives such as safety initiatives and similar activities.
Web Tracking Information: We use Web Tracking Information to administer the Service and to understand how well our Service is working, to store your user preferences, and to develop statistical information on usage of the Services. This allows us to determine which features visitors like best to help us improve our Service, to personalize your user experience, and to measure overall effectiveness.
Legal Exception: Notwithstanding the above, ForeFlight may use Personal Information to the extent required by law or legal process, or if in ForeFlight's reasonable discretion use is necessary to investigate fraud or any threat to the safety of any individual, to protect ForeFlight's legal rights or to protect the rights of third parties.
What Information Do We Disclose to Third Parties?
ForeFlight's Disclosure of Personal Information: ForeFlight will not disclose Personal Information to any third party except as described in this section.
We may disclose Personal Information to our third parties who are bound by written obligations of confidentiality. Disclosure of Personal Information to these third parties are for the purposes identified in “How Do We Use the Information We Collect” section above to include software development, performance of statistical analysis, send you email or postal mail, and provide customer, marketing, and sales support, or arrange for deliveries. Our third parties are prohibited from using your personal information except to provide these services to ForeFlight.
We may also share your Personal Information with Boeing and its entity of brands for the purposes consistent with this Notice and based on our legitimate interests or contractual necessity.
User Data, individual account: We do not disclose User Data to any other users. However, if you enable “flight sharing”, you can choose to share User Data for certain flights with other users of the Service, with individuals who are not users of the Service, or on social media, or to publish a link to your User Data online. We cannot guarantee or be responsible for the protection of User Data shared through “flight sharing”.
User Data, organization account: If you access and use the Service as an end user authorized by an organization which is a ForeFlight customer for the Service, we will not disclose your User Data to any other users; provided, depending on the privacy settings for the Service selected by your organization, we may share some or all of your User Data and your Personal Information with designated individuals who are members of your organization's CloudAhoy account. Your organization may allow certain individuals to access some or all of your flight data, User Data, or Personal Information associated with your account, and administrators may be able to modify User Data, to share it with others within or outside your organization, to archive it, and to delete it. You can contact your organization's administrator(s) for information about your organization's policy regarding access to your account and to its data. Depending on the settings imposed on the Service by your organization, you may also be able to explicitly enable “flight sharing” so as to allow sharing of User Data for certain flights outside of your organization, and if you do so, we cannot guarantee or be responsible for the protection of User Data.
Permitted Third Parties: You may also permit specific third-party entities, such as Boeing and its entity of brands, to access part or all your User Data, from an individual or organization account, in order to provide you services based on that User Data. For example, you may authorize an insurance provider to access your User Data to determine whether you qualify for policy discounts. ForeFlight will not disclose your User Data to any such third-party entity without your express consent to share your User Data with that specific third-party entity, and you may revoke that access at any time by using a form on our Services or by contacting us at team@foreflight.com. Once your User Data has been shared with a permitted third party, your User Data is subject to the privacy and security policies of that entity, and ForeFlight cannot guarantee and is not responsible for the use or protection of User Data by that third party.
Web Tracking Information: We disclose Web Tracking Information to Contractors, in order to analyze the performance of the Service and the behavior of users, and to operate and improve the Service. Certain Web Tracking information, such as the popularity ranking of certain pages of the Service, may be published on the Service and so disclosed to all users of the Service.
Aggregate Information: We may disclose aggregated data that does not contain Personal Information to any third parties, such as potential customers, business partners, advertisers, and funding sources, in order to describe our business and operations and for the promotion of industry initiatives such as safety initiatives and similar activities.
Successors and Law Enforcement: Notwithstanding the foregoing, ForeFlight reserves the right to disclose any information ForeFlight collects in connection with the Service, without further notice to you (a) to any successor to ForeFlight's business as a result of any merger, acquisition or similar transaction; and (b) to any law enforcement or regulatory authority to the extent required by law or if, in ForeFlight's reasonable discretion, disclosure is necessary to investigate fraud or any threat to the safety of any individual, to protect ForeFlight's legal rights or to protect the rights of third parties.
Consent: ForeFlight may disclose your Personal Information with your consent.
How To Exercise Your Rights?
If you wish to be removed from our mailing list, please contact us at privacy@foreflight.com. In the event of any such removal, ForeFlight may retain copies of information for its archives. If you wish to opt out of promotional emails, you may do so by following the “unsubscribe” instructions in the email, or by editing your account settings, or by sending a request to privacy@foreflight.com. All users receive administrative emails, and so you cannot opt out of them while you remain registered.
Access and Updating of Information
You can update your Personal Information by using the profile editing tools on the Service. ForeFlight will respond to any reasonable request by a user to review or amend his or her Personal Information held in our mailing list or database. ForeFlight reserves the right to verify your identity in order to provide such access. Please contact us by sending an email to privacy@foreflight.com.
Security
We use reasonable security precautions to protect the security and integrity of your Personal Information and User Data in accordance with this policy and applicable law. ForeFlight secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information is transmitted through the Service, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
However, no Internet transmission is completely secure, and we cannot guarantee that security breaches will not occur. Without limitation of the foregoing, we are not responsible for the actions of hackers and other unauthorized third parties that breach our firewalls, secure server software, and other reasonable security procedures. BY USING OUR SERVICE, YOUR ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THIS RISK.
Links
The Service may contain links to other websites. ForeFlight is not responsible for the privacy practices or the content of those websites. Users should be aware of this when they leave our site and review the privacy statements of each Web site they visit that collects information. This Privacy Policy applies solely to personal information collected by ForeFlight.
Amendments
ForeFlight may modify or amend this policy from time to time. If we make any material changes, as determined by ForeFlight, in the way in which Personal Information or User Data is collected, used or transferred, we will notify you of these changes by modification of this Privacy Policy, which will be available for review by you at the Service.
Service Visitors from outside the United States
ForeFlight and its servers are located in the United States and are subject to the applicable state and federal laws of the United States. If you choose to access the Service, you consent to the use and disclosure of information in accordance with this privacy policy and subject to such laws.
Terms of Use
This policy forms part of, and is subject to, the provisions of ForeFlight's Terms of Use.
Marketing
We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission. We may allow access to other data collected by the Service to send information we think may be useful or relevant to you. Note that we may use your name, usage history and email address without further consent for non-marketing or administrative purposes (such as notifying you of major updates, customer service needs, tips on using the Service, notifications of unused features of the Service, items for which you have requested communication, or subscription notices).
Additional Information for Users in the United States
This section applies solely to the Personal Information of users who reside in the State of California ("consumers" or "you") and supplements the information contained in this notice. 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 ForeFlight 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 ForeFlight 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 by either: E-mail: privacy@forefight.com or team@foreflight.com or write to us at the address listed above.
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.
Contact Information: If you have any questions or comments about this notice, the ways in which ForeFlight collects and uses your information described in this section, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: privacy@forefight.com or team@foreflight.com or write to us at the address listed above.
Children: ForeFlight does not knowingly collect or maintain personally identifiable information from persons under 13 years of age, and no part of the Service is directed at persons under 18. If you are under 18 years of age, then please do not use the Service. If ForeFlight learns that personal information of persons less than 13 years of age has been collected without verifiable parental consent, then ForeFlight will take the appropriate steps to delete this information. To make such a request, please contact us at team@foreflight.com.
Contact Information
ForeFlight welcomes your comments regarding this Privacy Policy. If you believe that ForeFlight has not adhered to this Privacy Policy, please contact us by email at team@foreflight.com. We will use commercially reasonable efforts to promptly investigate and remedy the problem.