Legal | Aerwave

LEGAL

Because our lawyers said so

TERMS OF USE

Effective: August 21, 2017

Effective: August 21, 2017

The aerwave.io website and any derivative website on which these Terms of Use are posted are owned and operated by Relay Wireless Network, LLC a Texas limited liability company (“Company”, “we” or “our”). Company has adopted these Terms of Use (“Terms of Use” or “Agreement”) to make you aware of the terms and conditions of your use of the aerwave.io website, any derivative websites on which these Terms of Use are posted and any Content, applications, or other products or services that are offered or provided via the aforementioned websites (collectively, the “Sites”). In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User” shall include such entity or person in addition to you, and your acceptance of this Agreement shall constitute acceptance on behalf of such entity or person.
Company reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting such changes to this page. In addition, if you have previously registered an account, Company will endeavor to notify you of such changes via the email address you provided to Company. You understand that you have the affirmative obligation to check these Terms of Use periodically for changes, and you hereby agree to periodically review these Terms of Use for such changes. The continued use of the Sites following the posting of changes to these Terms of Use will constitute your acceptance of those changes. The most current version of these Terms of Use can be reviewed at aerwave.io/legal.html
BY USING OR OTHERWISE ACCESSING THE SITES, CREATING, REGISTERING OR ACCESSING AN ACCOUNT, PROVIDING AN EMAIL ADDRESS, POSTING OR DOWNLOADING CONTENT, APPLICATIONS OR ANY OTHER INFORMATION TO OR FROM THE SITES, PURCHASING ANY PRODUCTS OR SERVICES VIA THE SITES OR MANIFESTING YOUR ASSENT TO THESE TERMS OF USE IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF USE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF USE, YOU MAY NOT USE OR OTHERWISE ACCESS THE SITES, CREATE, REGISTER OR ACCESS AN ACCOUNT, POST OR DOWNLOAD CONTENT, APPLICATION OR ANY OTHER INFORMATION TO OR FROM THE SITES OR PURCHASE ANY PRODUCTS OR SERVICES VIA THE SITES.

General Terms of Use and Restrictions on Use
Company hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Sites solely for the noncommercial, personal use of User or the internal business needs of the entity of which User is an authorized representative, as the case may be, subject to your agreement to, compliance with and satisfaction of these Terms of Use. All rights not otherwise expressly granted by these Terms of Use are reserved by Company. If you do not comply with the Terms of Use at any time, Company reserves the right to revoke the aforementioned license(s), limit your access to the Sites or restrict your ability to post or download Content, application or order products and services. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Sites or provided to you by the Sites. You may not obscure or remove any proprietary rights notices contained in or on the Content. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Sites or any part thereof.
We resolve to provide consistent and reliable service; however, our service is contingent on other 3rd party services that we cannot control. Therefore, we cannot guarantee performance our service.
Company may discontinue or alter any aspect of the Sites, remove Content from the Sites, disable applications restrict the time the Sites is available or restrict the amount of use permitted at Company’s sole discretion and without prior notice or liability. You agree that Company may, under certain circumstances, immediately suspend and/or terminate your access to the Sites or any part thereof. Cause for such measures shall include, without limitation: (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines; (b) discontinuance or material modification to the Sites; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent or illegal activities. You further agree that such measures shall be taken in Company’s sole discretion and without liability to you or any third party.
For purposes of these Terms of Use, references to “post” or “posting” shall refer to any manner of posting, transmitting, uploading, providing, making available or otherwise transferring material or information to the Sites.

Billing
Once you subscribe to our service, you will be billed a pro-rated amount for that month and will be billed on the first of each following month until you notify us that you wish to terminate our service. There are no contracts and you can cancel our service at any time. If you cancel in the middle of a month, then you will receive a pro-rated refund for the number of remaining days in that month. If you wish to terminate, please contact us at [email protected]

Minimum Age; Entity Users
Children under the age of 18 are not permitted to register with Company. It is Company’s policy not to collect any information from anyone under the age of 18.
IF YOU ARE UNDER 18 YEARS OF AGE, DO NOT USE OR ACCESS THE SITES AT ANY TIME OR IN ANY MANNER.
If you are the parent or legal guardian of a child under 18, and that child has somehow registered with any of the Sites, please send an email to [email protected] to cancel your child’s registration. In the email message, please provide your full name and address, your child’s full name and address, your relationship to the child, your daytime and evening telephone numbers, your email address and a copy of your child’s birth certificate or a signed statement that you are the child’s parent or legal guardian. Company reserves the right to seek additional information to verify your identity and status in relation to the child. Company will use this information only to verify that you are the child’s parent or legal guardian and for no other purposes.
If you are not an individual, you warrant that you have all necessary corporate or equivalent authority and power to agree to the Terms of Use, which you agree shall be binding on the corporation, partnership, association or other entity in whose name you are registering as a user and establishing an account.

Company Intellectual Property
Unless otherwise specifically noted in these Terms of Use, images, trademarks, service marks, logos, icons and other content displayed on the Sites, including, without limitation, trademarks, are the property of Company and/or its licensors and may not be used without Company’s prior written consent. Trademarks owned by third parties are the property of those respective third parties. The Sites, including, without limitation, the electronic content provided to you by your provided email address, is the copyrighted property of Company, and it may not be reproduced, recreated, modified, accessed or used in any manner or disseminated or distributed to any other party in violation of these Terms of Use. Any unauthorized use of any Content or applications whether owned by Company or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the Sites or any part thereof or grant any other person or entity the right or access to do so.

Content
You acknowledge that the Sites may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by Company or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.

Electronic communications
By providing your email address and subscribing to Company’s emails you may receive electronic communications, offers, and exclusive offers (“Electronic Communications”). You consent to receive communications from Company electronically. Company will communicate with you by your provided email address. These exclusive offers may be unavailable depending on your state and local regulations. All offers are Void Where Prohibited. The email address provided will be used solely by Company and will not be sold to or used by other parties. The contents of any communication are effective when sent, regardless of when you receive or whether you read the communication. You can choose to stop receiving these offers at any time by filling out an unsubscribe request inside the account portal.

Technical Requirements of Electronic Communication
In order to receive Electronic Communications, you must have the following:

  • A computer or mobile device;
  • A connection to the Internet;
  • An internet browser that supports 128 bit encryption, with cookies enabled;
  • An active email address; and
  • Sufficient electronic storage space on your computer’s hard drive or other data storage unit.

To ensure that you receive Electronic Communications, you should make sure that the email address you provide is accurate. Company is not responsible for your failure to receive Electronic Communications.

Links
As a convenience to you, the Sites may contain links to Sites operated by other entities (a “Linked Site”). If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Company has no responsibility to you with respect to any Linked Site and no Linked Site, regardless of the linking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by Company. Links from our Sites to any Linked Site do not constitute an endorsement by Company of a Linked Site, or the products, content, materials or information presented or made available by such sites. You acknowledge and agree that Company is not responsible for any damages or losses suffered or incurred by you or any other person caused or alleged to have been caused by your use of any Linked Site, or from the products, content, material or information presented by or available through those sites.

Electronic Signatures
You agree to be bound by any affirmation, assent, communication or agreement you transmit through the Sites, including but not limited to any consent you give to receive communications from Company solely through electronic transmission. You agree that, when in the future you click on “I agree,” “I consent,” “Submit,” or other similarly worded “button” or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

Company’s Privacy Policy
Company collects, stores and uses data collected from you in accordance with Company’s Privacy Policy, located at aerwave.io/legal.html. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.

Disclaimer
Company uses reasonable efforts to maintain the Sites, but Company is not responsible for any defects or failures associated with the Sites, any part thereof, any Content posted using the Sites, applications, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Sites may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which Company may undertake from time to time, or (c) causes beyond the control of Company or which are not foreseeable by Company.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITES, ANY CONTENT, ANY APPLICATIONS, AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, COMPANY MAKES NO WARRANTY THAT THE SITES, ANY CONTENT, ANY APPLICATIONS, OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITES WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE SITES WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, ANY APPLICATIONS, OR OTHER MATERIAL DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE SITES OR ANY PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITES, ANY CONTENT, ANY APPLICATIONS, OR ANY PRODUCTS OR SERVICES PURCHASED VIA THE SITES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE SITES, ANY CONTENT, ANY APPLICATIONS, OR THE PURCHASE OF COMPANY’S PRODUCTS OR SERVICES. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITES AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES, ANY APPLICATION, PURCHASING ANY CONTENT OR PURCHASING COMPANY’S PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY COMPANY FOR PROVIDING THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification
You agree to defend, indemnify and hold harmless Company, its officers, members, managers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Sites or any part thereof, (b) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (c) infringement or misappropriation of any intellectual property or other rights of Company or third parties by you, (d) any negligence or willful misconduct by you, (e) any other claim related to your performance under this Agreement, (f) your use of any Content, applications, services or products provided by Company, and (g) your access or use of any Electronic Communications.

Term and Termination
This Agreement is effective upon your use of the Sites as set forth herein and shall continue in full force until terminated. You agree that Company, in its sole discretion, may terminate your use of the Sites or any part thereof upon prior notice, and remove and discard any Content, in the event you violate these Terms of Use. You agree that Company may immediately suspend your account and your access to the Sites or any part thereof in order to conduct an investigation in the event it believes you have violated these Terms of Use or if it determines that you are a repeat infringer of another’s intellectual property or other rights. Company may also, in its sole discretion and at any time, discontinue providing the Sites, any part thereof, any Content or any products or services advertised thereon, with or without notice. In addition to any other method of termination or suspension provided for in this Agreement, Company reserves the right to terminate this Agreement at any time and for any reason upon ten (10) days notice to you. Further, you agree that Company shall not be liable to you or any third-party for any termination or suspension of your access to the Sites or any part thereof, removal of Content or sale of any products. You may terminate this Agreement at any time by immediately discontinuing all access to the Sites and by providing notice to Company of such discontinuance. Continued use of the Sites subsequent such termination notice expressly revokes User’s termination. Termination or cancellation of this Agreement shall not affect any right or relief to which Company may be entitled at law or in equity. Upon termination of this Agreement, you shall terminate all use of the Sites and any Content provided thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement.

Governing Law and Other Miscellaneous Terms
The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
You acknowledge and agree that any expenses that you incur in furtherance of this Agreement are voluntary in nature and are made with the knowledge that this Agreement may be terminated as provided herein. You shall not make a claim against Company, and Company shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of this Agreement beyond the term hereof.
The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to Company which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Company has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Company may have for your breach of this Agreement.
The validity and effect of these Terms of Use shall be governed by, and construed and enforced in accordance with the laws of Texas, without regard to its conflicts or choice of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING OR RELATING TO THE SITES, ITS USE, THESE TERMS OF USE, ANY SALE OR ANY OTHER PRODUCT, SERVICE, POLICY OR PROCEDURE OF COMPANY, MUST BE BROUGHT EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION IN TEXAS AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING, YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT OR IMPROPER FORUM.
If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement.
If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God, telecommunications failure or any other cause beyond the control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause.
This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Sites, Content, applications, and products and services offered via the Sites, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Sites, Content, applications, and products and services sold via the Sites. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
Company makes no representation that the Sites, Content or other material or information on the Sites is appropriate to or available in locations outside of the United States. You may not use the Sites or export Content in violation of United States export laws, regulations or restrictions. If you access the Sites from outside of the United States, you are responsible for compliance with all applicable laws.

Copyright and Copyright Notices
Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent the following information:

  • an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Sites sufficient to allow us to locate the allegedly infringing material;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please contact Company for notice of claims of copyright infringement at: [email protected] Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.
If you believe that the User Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the User Content, you may send a counter-notice containing the following information to the copyright agent:

  • your physical or electronic signature;
  • identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
  • a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
  • your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Texas and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the copyright agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the person providing such User Content, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company’s sole discretion.

PRIVACY POLICY

Effective: August 21, 2017

This Privacy Policy governs the manner in which Relay Wireless Networks, LLC, a Texas limited liability company (“Company”) collects, uses, maintains and discloses information collected from users (each, a “User”) of its aerwave.io website and any derivative or affiliated websites on which this Privacy Policy is posted (collectively, the “Sites”). Company reserves the right, at its discretion, to change, modify, add or remove portions of this Privacy Policy at any time by posting such changes to this page. You understand that you have the affirmative obligation to check this Privacy Policy periodically for changes, and you agree to periodically review this Privacy Policy for such changes. The continued use of the Sites following the posting of changes to this Privacy Policy constitutes an acceptance of those changes. In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User” shall include such entity or person in addition to you, and your acceptance of this Privacy Policy shall constitute acceptance on behalf of such entity or person.

Privacy
Company believes that every User should know how it utilizes the information collected from Users. The Sites are not directed at children under eighteen (18) years of age, and Company does not knowingly collect personally identifiable information from children under eighteen (18) years of age online. Please note that the Sites may contain links to other websites. These linked sites may not be operated or controlled by Company. Company is not responsible for the privacy practices of these or any other websites and you access these websites entirely at your own risk. Company recommends that you review the privacy practices of any other websites that you choose to visit.

Additional information for users in the European Economic Area (“EEA”)
This section describes our privacy principles with respect to transfers of personal information from the EEA to the United States, including personal information we receive from individuals residing in the EEA who visit the Sites or who may use of our products or services or otherwise interact with us.
Please note that for users located in the EEA, the term “personal information” used in this policy is used interchangeably with the term “personal data” under applicable European data protection laws.
Company complies with the EU-U.S. Privacy Shield Framework (“Privacy Shield”) as set forth by the U.S. Department of Commerce concerning the collection, use, and retention of personal information from European Union member countries. Company has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability.  If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.
To learn more about the Privacy Shield program, see the US Department of Commerce’s Privacy Shield website located at https://www.privacyshield.gov.  To view our certification on the Privacy Shield list, please visit https://www.privacyshield.gov/
In compliance with the EU-U.S. Privacy Shield Principles, we are committed to resolving complaints about your privacy and our collection or use of your personal information.
We will use reasonable efforts to investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of personal data within 45 days of receiving your complaint.
Under certain limited circumstances, individuals in the EEA may invoke binding Privacy Shield arbitration as a last resort if all other forms of dispute resolution (discussed above) have been unsuccessful. To learn more about this method of resolution and its availability to you, please visit https://www.privacyshield.gov/.
Company is subject to the jurisdiction of the U.S. Federal Trade Commission for purposes of Privacy Shield enforcement.
Please note that Company is required to disclose personal information in response to lawful requests by public authorities, including meeting national security or law enforcement requirements.

Swiss-U.S. Privacy Shield
We comply with the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from Switzerland to the United States. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
In compliance with the Swiss-US Privacy Shield Principles, we commit to resolve complaints about your privacy and our collection or use of your personal information. Under certain limited circumstances, individuals in Switzerland may invoke binding Privacy Shield arbitration as a last resort if all other forms of dispute resolution have been unsuccessful. To learn more about this method of resolution and its availability to you, please visit https://www.privacyshield.gov/.

California and Delaware “Do Not Track” Disclosures
California and Delaware law require Company to indicate whether it honors “Do Not Track” settings in your browser concerning targeted advertising. “Do Not Track” is a standard that is currently under development. As it is not yet finalized, Company adheres to the standards set out in this Privacy Policy and does not monitor or respond to Do Not Track browser requests.

The Information Company Collects
Company may collect personally identifiable information from Users in a variety of ways. Personally identifiable information may include, without limitation, (i) contact data (such as a User’s name, mailing and email addresses); (ii) demographic data (such as a User’s zip code); (iii) financial information collected to process purchases made from Company via the Sites or otherwise (such as credit card, debit card, Paypal or other payment information); any (iv) other information as requested by Company. If you communicate with Company by email or otherwise, complete online forms or surveys, or otherwise interact with or use the features on the Sites, any information provided in such communications may be collected by Company. Company may also collect information about how you use the Sites, for example, by tracking the number of unique views received by the pages of the Sites, or the domains and IP addresses from which Users originate. While not all of the information that Company collects from Users is personally identifiable, it may be associated with personally identifiable information that Users provide Company through the Sites or otherwise.

How Company Uses Information
Company may use personally identifiable information collected through the Sites for the specific purposes for which the information was collected, to process purchases and sales of products or services offered via the Sites, to contact you regarding products and services offered by Company, its parent, subsidiary and other related companies and its trusted affiliates, independent contractors and business partners, and otherwise to enhance your experience with Company and such affiliates, independent contractors and business partners. Company may also use information collected through the Sites for research regarding the effectiveness of the Sites and the business planning, marketing, advertising and sales efforts of Company, its trusted affiliates, independent contractors and business partners.

Disclosure of Information
Company may disclose personally identifiable information collected from you to its parent, subsidiary and other related companies, trusted affiliates, independent contractors and business partners who will use the information for the purposes outlined above, as necessary to provide the services offered by Company and to provide the Sites itself, and for the specific purposes for which the information was collected. Company may disclose personally identifiable information at the request of law enforcement or governmental agencies or in response to subpoenas, court orders or other legal process, to establish, protect or exercise Company’s legal or other rights or to defend against a legal claim or as otherwise required or allowed by law. Company may disclose personally identifiable information in order to protect the rights, property or safety of a User or any other person. Company may disclose personally identifiable information to investigate or prevent a violation by a User of any contractual or other relationship with Company or the perpetration of any illegal or harmful activity. Company may also disclose aggregate, anonymous data based on information collected from Users to investors and potential partners. Finally, Company may disclose or transfer personally identifiable information collected from Users in connection with or in contemplation of a sale of its assets or business or a merger, consolidation or other reorganization of its business.

Security of Information
Information about Users that is maintained on Company’s systems is protected using industry standard security measures. However, no security measures are perfect or impenetrable, and Company cannot guarantee that the information submitted to, maintained on or transmitted from its systems will be completely secure. Company is not responsible for the circumvention of any privacy settings or security measures relating to the Sites by any Users or third parties.

Correcting, Updating, Accessing or Removing Personal Information
If your personally identifiable information changes, or if you no longer desire to receive non-account specific information from Company, Company will endeavor to provide a way to correct, update and/or remove your previously-provided personal data. This can be done by emailing a request to Company at [email protected] . Additionally, you may request access to the personally identifiable information as collected by Company by sending a request to Company as set forth above. Please note that in certain circumstances, Company may not be able to completely remove your information from its systems. For example, Company may retain your personal information for legitimate business purposes, if it may be necessary to prevent fraud or future abuse, for account recovery purposes, if required by law or as retained in Company’s data backup systems or cached or archived pages. All retained personally identifiable information will continue to be subject to the terms of the Privacy Policy to which you have previously agreed.

Contact Form
The Sites’ contact forms may request that users provide contact information (such as their name, mailing address, telephone number and email address). We use this contact information to send the user additional information. A user’s contact information may also be used by us to contact the user directly. We do not disclose, sell or rent your contact information to third parties except when required to disclose such information by law or in response to a request from a law enforcement agency or authority.

PRIVACY SHIELD

In compliance with the Privacy Shield Principles, Aerwave commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Aerwave at: [email protected]

Aerwave has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU and Switzerland in the context of the employment relationship.