These Terms of Service, including exhibits, and the applicable order form (“Service Order”), which are incorporated herein by reference (together with the Privacy Policy, the “Agreement”) are entered into as of the date such Order Form is accepted by Trans-Tech Services LLC, a Texas limited liability company.

Background

Trans-Tech is a provider of a proprietary web-based Service, as defined below. Customer desires to obtain and Trans-Tech desires to provide Customer with access to the Service pursuant to the Agreement.

1. Definitions

  1. Authorized Users” means any employee or agent of Customer.
  2. Company” and/or “Trans-Tech” means Trans-Tech Services LLC, with an address for these purposes at 22202 North Lake Village Drive, Katy, Texas 77450. 
  3. Customer Data” means all electronic data and/or information submitted by or on behalf of Customer or any Authorized User in connection with the Service including data and information obtained from third party service providers on behalf of Customer.
  4. Customer” means [Company Name], and its affiliates, with an address for these purposes at [address].  An “affiliate” of Customer means any entity that directly or indirectly (through one or more intermediaries) controls, is controlled by, or is under common control with Customer.
  5. Documentation” means the on-line technical information or materials developed by Company, and in the case of mobile device applications, including materials provided by the owner of the mobile operating system, such as Apple App Store, Google Android Market, Windows Phone Store, and BlackBerry App World, relating to the download, installation and the use of the Service.
  6. Initial Term” means the initial length of the subscription to the Service as specified in the applicable Service Order, but not less than one (1) year.
  7. Intellectual Property Rights” means all current and future copyright, patent, rights in inventions or trade secrets, topographies, names, marks, rights in designs and devices, moral rights and all other intellectual and property rights (whether or not registered) protected or capable of protection in any country of the world.
  8. Renewal Term” means any extension of the Service following the end of the Initial Term or any other Renewal Term pursuant to this Agreement.
  9. Service Order” means the Company’s document signed by Customer for ordering subscription to the Service.
  10. Service” means the Company’s proprietary cloud-based application and platform environment including mobile device applications designed to run on mobile devices such as smartphones and tablet computers, providing trip planning solutions and support services to business and general aviation including its unique software solution, “Tripplanning.biz”. The Service includes making arrangements for ground handling, fuel, transportation, flight planning, permits, catering and other necessary services related to domestic, regional and international trips. It also provides a global collaboration platform/marketplace for the user community of business jet operators and their vendors to share knowledge, help each other, communicate directly and efficiently plan their global travel. Company makes the Service available to Customer on a subscription basis as set forth in the applicable Service Order. The Service also includes any support services set forth in the Service Order. The Service does not include Internet access service.

2. Service

Company shall make the Service available to Customer pursuant to this Agreement, including without limitation, the Documentation and the applicable Service Order, for Customer’s own internal business purposes. Company grants to Customer for the term of the Agreement, a non-exclusive, non-transferable license, without the right to sublicense or redistribute, to allow Authorized Users to access, download, install, and use the Service pursuant to the provisions of this Agreement and the Documentation. Company shall use commercially reasonable efforts to make the Service available to Customer twenty-four (24) hours a day, seven (7) days a week, except for (a) scheduled maintenance downtime or (b) any unavailability caused by circumstances beyond Company’s reasonable control, including without limitation, fire, flood, or other damage caused by an act of nature; acts of government; civil unrest or disobedience; acts of terror or of a public enemy; strikes, lockouts, or other labor troubles; or Internet service provider failures or delays.

In addition, the SFDC Services Agreement Exhibit, which is attached hereto as Exhibit A (“Exhibit A”), sets forth the terms related to online systems and tools provided by Trans-Tech that Customer can utilize to make arrangements for scheduling, trip planning, and other related services (“Online Services”). All terms and conditions of this Agreement shall apply to Exhibit A. In the event of any ambiguity or a conflict between Exhibit A and this Agreement, the terms and conditions of the Agreement shall be given precedence.  Accordingly, Section 4 of Exhibit A below provides the following: 

To the extent Reseller serves as the administrator of the Reseller Application for You, You acknowledge that your use of the Reseller Application may be monitored by Reseller and Reseller may access Your Data submitted to the SFDC Service or Reseller Application. By agreeing to this SFDC Service Agreement, you are consenting to such monitoring and access by Reseller.

However, the Reseller (i.e., Company), shall not monitor the Reseller Application, or access Your Data submitted to the SFDC Service or Reseller Application, all as defined in Exhibit A, without prior written authorization from Customer. 

3. Fees and Payment

The subscription fees for the Service and any other fees, if applicable, shall be set at thirty (30) days from Customer’s receipt of invoice.

3.1. Taxes

Company is responsible for all taxes legally imposed upon its business, including but not limited to taxes imposed upon its income, its personnel or its property. Such taxes are on Company’s account. Where required by applicable law, Company is responsible for the collection and reporting of applicable transaction taxes such as sales, use, value added or similar taxes.  Transaction taxes are in addition to established prices and shall be shown as a separate line item on the Service Order.

4. Customer Obligations

Customer shall be responsible for its Authorized Users’ compliance with this Agreement. Customer, on behalf of itself and its Authorized Users, shall be responsible for maintaining the confidentiality of its passwords. If Customer becomes aware of any unauthorized access to the Service, it shall notify Company as soon as commercially reasonable. With respect to Customer Data that is personal data, the parties record their intention that Customer will be the data controller and Company will be a data processor and, in any such case, Customer shall ensure that it is entitled to transfer the relevant personal data to the Service for processing in accordance with this Agreement. Customer shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data including without limitation Customer Data supplied to Company by third party service providers. Customer shall not (a) allow any third party (except its Authorized Users and then only in compliance with this Agreement) to access, operate or otherwise use the Service, (b) transfer, sublicense, or assign Customer’s rights under this license to any other person or entity unless expressly authorized by Company in writing (c) make the functionality of the Service available to third parties, whether as an application service provider, or on a rental, service bureau, cloud service, hosted service, or other similar basis unless expressly authorized by Company in writing (d) copy, duplicate, modify, create derivative works from or distribute all or any portion of the Service, (e) reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source code for any portion of the Services  or other products or processes accessible through the Service, (f) attempt to gain unauthorized access to the Service or its related systems or networks, or (g) remove, modify, or conceal any product identification, copyright, proprietary, intellectual property notices or other marks on or within the Software. Customer shall contract separately with an Internet service provider (ISP) for access to the Internet in order to access and use the Service. Customer acknowledges that performance of the Service may be affected by inadequate Internet service. Customer shall ensure that its ISP provides Customer with adequate bandwidth to access and use the Service. 

In connection with the receipt of Services and the performance of this Agreement, Customer and its Authorized Users shall conduct their affairs with integrity and honesty. Customer and its Authorized Users shall not take any action using any Service as contemplated by this Agreement that violates any law or regulation applicable to the conduct of its business including without limitation the Foreign Corrupt Practices Act (15 U.S.C. § 78dd-1, et seq.) and similar laws of other countries in which Customer does business.

5. Confidentiality, Copyrights, and IP Rights

5.1. Confidentiality

For purposes of this Agreement, “Confidential Information” means (a) the terms of this Agreement; (b) the Customer Data; (c) the Company’s Service, screen displays, user interfaces, web applications and Documentation; and (d) any information designated as confidential by either party (the “Disclosing Party”) or in relation to which its confidentiality should by its nature be inferred, including, but not limited to, data, designs, drawings, documentation, software (regardless of form or media), prototypes, processes, methods, concepts, research, development and business activities, whether obtained or disclosed verbally or in writing.  Confidential Information will not include information that the party receiving the Confidential Information (“Receiving Party”) can demonstrate:  (a) is or becomes generally known to the public not as a result of a disclosure by the Receiving Party; (b) is rightfully in the possession of the Receiving Party prior to disclosure by the Disclosing Party; (c) is received by the Receiving Party in good faith and without restriction from a third party, not under a confidentiality obligation to the Disclosing Party known to the Receiving Party, and having the right to make such disclosure; or (d) is independently developed by the Receiving Party without the use of any Confidential Information of the Disclosing Party.  

The Receiving Party agrees:  (a) that it will keep all Confidential Information in strict confidence, using such degree of care as is appropriate to avoid unauthorized use or disclosure (but in no event shall the Receiving Party use less than all diligent and good faith efforts to safeguard the confidentiality of Confidential Information); (b) that it will not, directly or indirectly, disclose any Confidential Information to anyone outside of the Disclosing Party, except with the Disclosing Party’s prior written consent in each instance; (c) that it will not make use of any Confidential Information for its own purposes (except as necessary to fulfill its obligations under this Agreement) or for the benefit of anyone other than the Disclosing Party; and (d) that upon the expiration or termination of this Agreement the Receiving Party will destroy all memoranda, notes, records, reports, media and other documents and materials (and all copies thereof) regarding or including any Confidential Information that the Receiving Party may then possess or have under its control.

Notwithstanding anything in this Agreement to the contrary, the Receiving Party may disclose Confidential Information to its employees and agents having a need to know such information in connection with fulfilling its obligations pursuant to this Agreement and who are bound by obligations of confidentiality consistent with those set forth in this Section 5.1, provided however Customer shall not permit such persons to use any portion of the Service for the purpose of reverse engineering, decompiling, decrypting, disassembling or otherwise attempting to derive the source code for the Services.  The Receiving Party may disclose Confidential Information to the limited extent required by law; provided, however, that the Receiving Party notifies the Disclosing Party in writing in advance of such disclosure (if permitted by law to do so) and provides the Disclosing Party with copies of any related information so that the Disclosing Party may take appropriate action to protect the Confidential Information.

Each party understands and agrees that, notwithstanding any other provision of this Agreement, breach of the confidentiality obligations contained in this Section 5.1 may cause the other party irreparable damage for which recovery of money damages would be inadequate, and that each party shall therefore be entitled to obtain timely injunctive relief to protect such party’s rights under this Agreement in addition to any and all remedies available at law.  

5.2. Intellectual Property Ownership

The Service and Documentation contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions.  All rights not granted to Customer herein are expressly reserved by Trans-Tech. Customer has no ownership rights in the Service and/or the Documentation. Rather, Customer has a license to use the Service and Documentation during the Term of this Agreement and Customer’s rights to use the Service and Documentation are expressly limited to the terms contained in this Agreement.  Ownership of the Service, Documentation and all intellectual property rights therein, including copies, improvements, enhancements, derivative works and modifications thereof, shall remain at all times with Trans-Tech.  Any other use of the Service by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement. Company reserves all rights not expressly granted to Customer in this Agreement. As between Company and Customer, Customer exclusively owns all rights, title and interest in and to all Customer Data.

5.3. Customer Data

As between Company and Customer, Customer shall retain exclusive ownership of all rights in any Customer Data.  For avoidance of doubt, Customer Data shall include, without limitation, all data generated or supplied by Customer’s Authorized Users.   Company is provided a limited license to the Customer Data for the sole and exclusive purpose of providing the Service to Customer in accordance with the terms of this Agreement.  The foregoing license permits Company to collect, process, store, generate, and display Customer Data only to the extent necessary and only as required for Company to comply with its obligations under this Agreement.   Customer Data shall be Confidential Information in accordance with this Section 5.1 of this Agreement.  Company will not use, sell, rent, transfer, distribute, or otherwise disclose or make available Customer Data for Company’s own purposes or for the benefit of any person or entity other than Customer without Customer’s prior written consent expressly authorizing the specific use and/or disclosure.  For the sake of clarity, Customer Data that has been formatted, processed, or subjected to any proprietary process or procedure by Company or any third party (“Formatted Data”) shall continue to be Customer Data that is solely owned by Customer in its entirety.  Company shall, either through its own actions or by relying on authorized third parties, (a) maintain all Customer Data in encrypted or otherwise secure form while in non-active storage, and (b) establish and maintain security for the storage, transmittal and access to all Customer Data.

6. Indemnification

6.1 Company’s Indemnification Obligations

Company shall defend, indemnify, and hold harmless Customer against any actions, claims, demands, and legal proceedings and all resulting liabilities judgments, settlements, expenses and costs (including reasonable attorney’s fees incurred and those necessary to successfully establish the right to indemnification) (“Claims”) arising from actions brought against Customer: (1) for grossly negligent acts or omissions by Company; or (2) based on a claim that Customer’s use of the Service as permitted hereunder infringes or misappropriates the intellectual property rights of a third party on the condition that (a) Customer notifies Company promptly in writing of any such claim or action , (b) Company shall have the sole control of the defense and final settlement thereof, and (c) should the Service or any part thereof in Company’ opinion be likely to become the subject of a claim of infringement, Customer shall permit Company, at company’s sole option and expense (i) to procure for Customer the right to continue to use the Service, (ii) to replace or modify the Service to become non-infringing, or if neither (i) nor (ii) are reasonably available as options, Company may terminate this Agreement upon three (3) months prior written notice to Customer and Customer’s sole and exclusive remedy shall be a prorated refund of the subscription fees paid by Customer applicable to the remaining months in the current Term following the effective date of termination, if any. Notwithstanding the above, Customer will have the right to retain separate counsel and to participate in (but not control) any such action, but the fees and expenses of such counsel will be at the expense of the Customer.

6.2 Customer’s Indemnification Obligations

Customer shall indemnify and hold Company harmless from and against any and all loss, liability and expense (including court costs and reasonable attorney’s fees) relating to third party claims, demands, or actions arising from: (1) grossly negligent acts or omissions by Company; or (2) Customer Data or Customer’s use of the Service in violation of this Agreement. This Section sets forth each party’s sole liability and exclusive remedy against the other party with respect to the subject matter of this Agreement.

7. Warranty and Limitation of Liability

Each of the parties represents and warrants that (i) it is duly organized and validly existing under the laws of its state of formation, (ii) it has the right, power and authority to enter into this Agreement and to perform all of its obligations hereunder and (iii) its execution and performance of this Agreement shall not conflict with any other agreement. Company warrants that the Service shall perform substantially in accordance with the Documentation. Customer’s sole and exclusive remedy for Company’s breach of such warranty shall be, upon termination of the Agreement in accordance with Section 8, a pro-rated refund of paid subscription fees applicable to the remainder of the then current Term following the effective date of termination.

  1. EXCEPT FOR THE LIMITED EXPRESS WARRANTY PROVIDED ABOVE, COMPANY SPECIFICALLY DISCLAIMS AND CUSTOMER WAIVES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, AND DATA ACCURACY. COMPANY DOES NOT WARRANT THAT THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT FOR COMPANY’S OBLIGATIONS ARISING OUT OF SECTION 6, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES THAT RESULT IN ANY WAY FROM CUSTOMER’S USE OF THE SERVICE, OR CUSTOMER’S INABILITY TO USE THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR ITS OBLIGATIONS ARISING OUT OF SECTIONS 5.1 AND 6, COMPANY SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL OR INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF IT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR COMPANY’S OBLIGATIONS ARISING OUT OF SECTIONS 5.1 AND 6, IN NO EVENT SHALL COMPANY’S LIABILITY TO CUSTOMER EXCEED THE GREATER OF: (1) THE AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY CUSTOMER FOR THE SERVICE APPLICABLE TO THE TWELEVE (12) MONTH PERIOD PRECEDING THE DATE THE CAUSE OF ACTION ACCRUED; OR (2) THE AMOUNT OF MONEY THAT COMPANY’S INSURANCE PROVIDER PAYS, AND WHICH COMPANY ACTUALLY RECEIVES, IN CONNECTION WITH THE CLAIM FILED BY COMPANY CONCERNING SUCH CAUSE OF ACTION, ON CONDITION THAT IN NO CASE SHALL SUCH AMOUNT EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000). NOTWITHSTANDING THE FOREGOING, OR ANYTHING ELSE TO THE CONTRARY HEREIN, IN NO CASE SHALL THE COMPANY’S DIRECT LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY THE CUSTOMER FOR THE SERVICE APPLICABLE TO THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CAUSE OF ACTION ACCRUED.

8. Term and Termination

This Agreement shall continue for the Initial Term and any Renewal Term until it either expires or is terminated pursuant to the Agreement. At least ninety (90) days prior to the end of the Initial Term or any Renewal Term, Company shall provide Customer with the subscription fees and any changes to the terms and conditions applicable to such Renewal Term. If there is no change to the subscription fees from the prior Term, the Agreement shall automatically renew for a twelve (12) month period unless Company receives a written termination/non-renewal notice from Customer at least sixty (45) days prior to the commencement of the applicable Renewal Term. Following the Initial Term, Customer may terminate the Services for convenience at any time by providing Company with thirty (30) days prior written notice.  However, Customer’s termination of the Services and/or this Agreement for convenience shall not terminate or reduce Customer’s obligation to pay the Company for the current full year subscription period. This Agreement shall be subject to termination at the election of either party in the event that (i) the other party materially breaches the Agreement provided that written notice of such breach is provided to the other party and a thirty (30) day period in which to cure the breach is provided, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. Upon any termination by Customer, except for convenience, in accordance with this Section 8, Company shall refund to Customer any prepaid Subscription Fees covering the remainder of the then current Term for the Service commencing on the effective date of termination. In no event shall any termination relieve Customer of the obligation to pay any fees payable to Company hereunder for the period prior to the effective date of termination.

9. General

This Agreement together with the relevant Service Order and the Privacy Policy constitute the entire agreement of the parties with respect to the subject matter hereof. Any amendments to or modifications of this Agreement shall be valid only if made in writing and signed by both parties. This Agreement shall not be assignable or transferable by Customer without Company’s prior written approval; such approval shall not be unreasonably withheld. Should one or more of the provisions of this Agreement be held to be invalid by a court or other tribunal of competent jurisdiction, the remaining provisions of the Agreement shall be valid and binding as though such provision were not included herein. Neither party shall be responsible for any delay or failure to provide any service or perform any act required hereunder, in whole or in part, due to reasons beyond the control of the affected party, including, without limitation, federal, state or municipal action or regulation; strikes, lockouts, or other labor troubles; fire, flood, or other damage caused by an act of nature; accident or other casualty; Internet blackout or brownouts, failure or delay in transportation; insurrection, riot or other acts of civil disobedience or of a public enemy, provided that the affected party gives notice to other party of such delay as promptly as practicable. This Agreement shall be governed by the laws of the State of Texas, specifically excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods and, to the extent applicable, the laws of the United States. If a dispute or claim relating to the Agreement arises, the parties shall promptly attempt in good faith to resolve the dispute by mediation. For all disputes not resolved by mediation, any action brought by either party shall be instituted and prosecuted only in the courts of the County of Harris and the State of Texas and each party consents to such exclusive jurisdiction and waives the right to change venue. If any action at law or in equity is brought to enforce or interpret any of the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and expenses, including expert witness fees, and court costs, in addition of any other relief to which it may be entitled. Any notice or communication provided for hereunder by either party to the other party shall be properly given when made in writing and sent by certified mail or an overnight courier service (such as Federal Express, DHL, UPS, etc.), and addressed to the appropriate party at the address set forth above or in the Service Order. Notice shall be effective upon receipt. Either party may change the contact name or address for notice by providing written notification to the other party.

EXHIBIT A – SFDC Service Agreement

“AppExchange” means the online directory of on-demand applications that work with the SFDC Service, located at http://www.appexchange.com or at any successor websites.

“Platform” means the online, Web-based platform service provided by SFDC to Reseller in connection with Reseller’s provision of the Reseller Application to You.

“Reseller” means Trans-Tech Services LLC.

“Reseller Application” means the proprietary cloud-based application and platform environment, including mobile device applications designed to run on mobile devices such as smartphones and tablet computers, providing trip planning solutions and support services to business and general aviation including its unique software solution, “Tripplanning.biz”. The Service includes making arrangements for ground handling, fuel, transportation, flight planning, permits, catering and other necessary services related to domestic, regional and international trips. It also provides a global collaboration platform/marketplace for the user community of business jet operators and their vendors to share knowledge, help each other, communicate directly and efficiently plan their global travel. The Service is made available to Customer on a subscription basis as set forth in the Service Order. Service shall also include any support services set forth in the Service Order. The Service does not include Internet access service.

“SFDC Service” means the online, Web-based service generally made available to the public via http://www.salesforce.com and/or other designated websites, including associated offline components but excluding Third-Party Applications. For purposes of this SFDC Service Agreement, the SFDC Service does not include the Platform.

“SFDC” means salesforce.com.

“Third-Party Applications” means online, Web-based applications and offline software products that are provided by third parties and are identified as third-party applications, including but not limited to those listed on the AppExchange and the Reseller Application.

“Users” means Your employees, representatives, consultants, contractors, agents and third parties with whom You conduct business who are authorized to use the Platform subject to the terms of this SFDC Service Agreement as a result of a subscription to the Reseller Application having been purchased for such User, and have been supplied user identifications and passwords by You (or by SFDC or Reseller at Your request).

“You” and “Your” means the customer entity which has contracted to purchase subscriptions to use the Reseller Application subject to the conditions of this SFDC Service Agreement, together with any other terms required by Reseller.

“Your Data” means all electronic data or information submitted by You as and to the extent it resides in the Platform or SFDC Service.

  1. Use of Platform.

(a) Each User subscription to the Reseller Application shall entitle one User to use the Platform via the Reseller Application, subject to the terms of this SFDC Service Agreement, together with any other terms required by Reseller. User subscriptions cannot be shared or used by more than one User (but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment with You or otherwise changed job status or function and no longer require use of the Platform). For clarity, Your subscription to use the Platform hereunder does not include a subscription to use the SFDC Service generally or to use it in connection with applications other than the Reseller Application. If You wish to use the SFDC Service or any of its functionalities or services other than those included in the Reseller Application, or to create or use additional custom objects beyond those which appear in the Reseller Application in the form that it has been provided to You by Your Reseller, visit www.salesforce.com to contract directly with SFDC for such services. In the event Your access to the Reseller Application provides You with access to the SFDC Service generally or access to any Platform or SFDC Service functionality within it that is in excess of the functionality described in the Reseller Application’s user guide, and You have not separately subscribed under a written contract with SFDC for such access, then You agree to not access or use such functionality, and You agree that Your use of such functionality, or Your creation or use of additional custom objects in the Reseller Application beyond that which appears in the Reseller Application in the form that it has been provided to You by your Reseller, would be a material breach of this Agreement.

(b) If Your subscription to use the Platform hereunder includes Salesforce Mobile, You understand that prior to purchasing Salesforce Mobile, You should refer to the Mobile Device list located at http://www.salesforce.com/mobile/devices/ for information on mobile devices that are supported by SFDC. You agree that SFDC will not provide any refunds, credits or other compensation or remedies in connection with Your purchase of Salesforce Mobile for any mobile devices that are not supported by SFDC. Third party mobile device, operating system and network connectivity providers may, at any time, cease distribution of, interrupt, deinstall and/or prevent use of Salesforce Mobile clients on supported mobile devices without entitling You to any refund, credit or other compensation or remedies.

(c) Notwithstanding any access You may have to the Platform or the SFDC Service via the Reseller Application, Reseller is the sole provider of the Reseller Application and You are entering into a contractual relationship solely with Reseller. In the event that Reseller ceases operations or otherwise ceases or fails to provide the Reseller Application, SFDC has no obligation to provide the Reseller Application or to refund You any fees paid by You to Reseller.

(d) You (i) are responsible for all activities occurring under Your User accounts; (ii) are responsible for the content of all Your Data; (iii) shall use commercially reasonable efforts to prevent unauthorized access to, or use of, the Platform and the SFDC Service, and shall notify Reseller or SFDC promptly of any such unauthorized use You become aware of; and (iv) shall comply with all applicable local, state, federal and foreign laws and regulations in using the Platform.

(e) You shall use the Platform and the SFDC Service solely for Your internal business purposes and shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform or the SFDC Service available to any third party, other than to Users or as otherwise contemplated by this SFDC Service Agreement; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (iii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party privacy rights; (iv) send or store viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; (v) interfere with or disrupt the integrity or performance of the Platform or the SFDC Service or the data contained therein; or (vi) attempt to gain unauthorized access to the Platform or the SFDC Service or its related systems or networks.

(f) You shall not (i) modify, copy or create derivative works based on the Platform or the SFDC Service; (ii) frame or mirror any content forming part of the Platform or the SFDC Service, other than on Your own intranets or otherwise for Your own internal business purposes; (iii) reverse engineer the Platform or the SFDC Service; or (iv) access the Platform or the SFDC Service in order to (a) build a competitive product or service, or (b) copy any ideas, features, functions or graphics of the Platform or the SFDC Service.

2. Third-Party Providers.

Reseller and other third-party providers, some of which may be listed on pages within SFDC’s website and including providers of Third-Party Applications, offer products and services related to the Platform, the SFDC Service, and/or the Reseller Application, including implementation, customization and other consulting services related to customers’ use of the Platform and/or the SFDC Service, and applications (both offline and online) that interoperate with the Platform and/or the SFDC Service such as by exchanging data with the Platform and/or the SFDC Service or by offering additional functionality within the user interface of the Platform and/or the SFDC Service through use of the Platform and/or SFDC Service’s application programming interface. SFDC does not warrant any such third-party providers or any of their products or services, including but not limited to the Reseller Application or any other product or service of Reseller, whether or not such products or services are designated by SFDC as “certified,” “validated” or otherwise. Any exchange of data or other interaction between You and a third-party provider, including but not limited to the Reseller Application, and any purchase by You of any product or service offered by such third-party provider, including but not limited to the Reseller Application, is solely between You and such third-party provider. In addition, from time to time, certain additional functionality (not defined as part of the Platform or SFDC Service) may be offered by SFDC or Reseller to You, for an additional fee, on a pass-through or OEM basis pursuant to terms specified by the licensor and agreed to by You in connection with a separate purchase by You of such additional functionality. Your use of any such additional functionality shall be governed by such terms, which shall prevail in the event of any inconsistency with the terms of this SFDC Service Agreement.

3. Integration with Third-Party Applications.

If You install or enable Third-Party Applications for use with the Platform or SFDC Service, You acknowledge that SFDC may allow providers of those Third-Party Applications to access Your Data as required for the interoperation of such Third Party Applications with the Platform or SFDC Service. SFDC shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by Third-Party Application providers. In addition, the Platform and SFDC Service may contain features designed to interoperate with Third-Party Applications (e.g., Google, Facebook or Twitter applications). To use such features, You may be required to obtain access to such Third-Party Applications from their providers. If the provider of any such Third-Party Application ceases to make the Third-Party Application available for interoperation with the corresponding Platform or SFDC Service features on reasonable terms, SFDC may cease providing such Platform or SFDC Service features without entitling You to any refund, credit, or other compensation.

4. Access by Reseller.

To the extent Reseller serves as the administrator of the Reseller Application for You, You acknowledge that your use of the Reseller Application may be monitored by Reseller and Reseller may access Your Data submitted to the SFDC Service or Reseller Application. By agreeing to this SFDC Service Agreement, you are consenting to such monitoring and access by Reseller.

5. Return of Your Data.

You have thirty (30) days from the date of termination your Reseller Application subscription term in which to request a copy of Your Data, which will be made available to You in a .csv format. Any modifications to such Your Data made by

the Reseller Application outside of the Platform (if any) will not be captured in Your Data as returned and the return of any such modified data shall be the responsibility of Reseller.

6. Proprietary Rights.

Subject to the limited rights expressly granted hereunder, SFDC reserves all rights, title and interest in and to the Platform and the SFDC Service, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth in this SFDC Service Agreement. The Platform and the SFDC Service is deemed SFDC confidential information, and You will not use it or disclose it to any third party except as permitted in this SFDC Service Agreement.

7. Compelled Disclosure.

If either You or SFDC is compelled by law to disclose confidential information of the other party, it shall provide the other party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the other party’s cost, if the other party wishes to contest the disclosure.

8. Suggestions.

You agree that SFDC shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into any SFDC products or services any suggestions, enhancement requests, recommendations or other feedback provided by You or Your Users relating to the operation of the Platform and/or the SFDC Service.

9. Suspension and Termination.

Your use of the Platform and the SFDC Service may be immediately terminated and/or suspended upon notice due to (a) a breach of the terms of this SFDC Service Agreement by You or any User, (b) the termination or expiration of Reseller’s agreement with SFDC pursuant to which Reseller is providing the Platform as part of the Reseller Application to You, and/or (c) a breach by Reseller of its obligations to SFDC with respect to the subscriptions it is providing to You in connection with this SFDC Service Agreement. If You use the Reseller Application in combination with a SFDC Service Org other than the Org provisioned solely for use with the Reseller Application (a “Shared org”) You acknowledge and understand that (i) access to such Org, including the Reseller Application used in connection with such Org, may be suspended due to Your non-payment to SFDC or other breach of Your Agreement with SFDC, and (ii) in the event Your relationship with SFDC is terminated as a result of nonpayment or other material breach of Your agreement with SFDC, Your Platform subscriptions would also be terminated. In no case will any such termination or suspension give rise to any liability of SFDC to You for a refund or other compensation.

10. Subscriptions Non-Cancelable.

Subscriptions for the Platform are non-cancelable during a subscription term, unless otherwise specified in Your agreement with Reseller.

11. No Warranty.

SFDC MAKES NO WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WITH RESPECT TO THE PLATFORM, THE SFDC SERVICE, AND/OR THE RESELLER APPLICATION, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SFDC DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM, THE SFDC SERVICE, AND/OR THE RESELLER APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

12. No Liability.

IN NO EVENT SHALL SFDC HAVE ANY LIABILITY TO YOU OR ANY USER FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Further Contact.

SFDC may contact You regarding new Platform and SFDC Service features and offerings.

Third Party Beneficiary. SFDC shall be a third party beneficiary to the agreement between You and Reseller solely as it relates to this SFDC Service Agreement.

Version December, 2012.

EXHIBIT B – Airport Data Provided by Acu-Kwik

“AC-U-KWIK” is a third-party supplier of the worldwide airport database and an additional source of information.  Trans-Tech shall provide airport data and any additional source of information licensed from AC-U-KWIK to Customer under the terms and conditions of this Agreement except, and notwithstanding any other provision of this Agreement, neither AC-U-KWIK nor Trans-Tech warrants the accuracy or completeness of the airport data and/or such underlying information, and therefore, neither AC-U-KWIK nor Trans-Tech are liable to Customer or any third-party for any adverse consequence arising as a result of the inaccuracy or the incompleteness of the airport data provided by AC-U-KWIK. 

The AC-U-KWIK Data is for the internal business purposes of the customer (which, for clarification, shall include members of the Customer’s sales force and/or the Customer’s aviation passengers) and not for resale, redistribution, or any other use of any kind by or for the benefit of any other person or entity. 

Customer agrees to indemnify, defend and hold harmless ACU-KWIK and its affiliates from and against any and all third party claims threatened, asserted or filed against, or otherwise incurred by, any of them, but in each case solely to the extent such claims arise out of or in connection with (a) any breach by Customer of any of its representations, warranties, covenants, or other agreements set forth in this Agreement in connection with Customer’s use of airport data and any additional source of information licensed from AC-U-KWIK; (b) any violation of any applicable law by  Customer in connection with Customer’s use of airport data and any additional source of information licensed from AC-U-KWIK and (c) the Tripplanning.Biz Service relating to Customer’s use of airport data and any additional source of information licensed from AC-U-KWIK.

Privacy and Data Security Policy

Our Assurance of Your Privacy

Welcome to the Tripplanning.Biz. We know that you care how information about you is used and we appreciate your confidence that we will do so carefully and sensibly. The protection of your private information is very important to us and we make every effort to ensure its security while providing you with the quality of service you expect. This Privacy and Data Security Policy explains the information we collect from you, how it is used and safeguarded, and how to contact us if you have any concerns. 

  1. Information We Collect

Trans-Tech may collect personal data from you because we have a legal reason (allowed by law or under contract) to collect the personal data, or because you have consented for us to do so as described in this Privacy and Data Security Policy.  Specifically, we collect personal data about you in the following situations: 

Information You Provide To Us: 

Trans-Tech utilizes a third party service provider (e.g., Salesforce) to make certain other webpages and/or interfaces (collectively, “PODS”) available directly to you. A POD, or Point of Deployment, is a self-contained unit that contains all that is required to run Salesforce, including the application server, database server, the database itself, etc. If a POD is made available to you, all of the data you provide will be allocated to that POD and that is where the data will reside. Trans-Tech will not have access to any of your data in a POD unless you voluntarily grant Trans-Tech such access. You may revoke Trans-Tech’s access to any data in a POD at any time. You can find out more about Salesforce’s privacy practices here: https://www.salesforce.com/company/privacy/

Should you grant Trans-Tech the access to information in a POD, Trans-Tech will follow data minimization principles and only access or utilize the data as required.  We use the information you provide for such purposes as responding to your support or customer service requests, customizing service offerings, and communicating with you. 

In other cases, we may also ask you to voluntarily provide information that will enable us to enhance your use of our services for purposes such as facilitating correspondence with you, registering your entitlement to access certain special features, or to complete transactions. It is always your choice whether or not to provide information. However, if you choose not to provide any required information, you may not be able to use features of our Site or services.

Email Communications: We may receive confirmation when you open an email from us if your computer supports such capabilities.

Information From Other Sources: We may receive information about you from other sources and add it to your account information. Examples of information we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records and credit history information from credit bureaus, which we use to help prevent and detect credit card fraud and to offer credit to our customers.

Why Does Trans-Tech Collect Information (Including Personal Data) About You:

Trans-Tech collects the information described in this Notice for the some or all of following reasons:

  • To provide services to you;
  • To personalize your experience;
  • To improve our customer service;
  • To provide information about services you have recently shown interest in purchasing within a reasonable time afterwards;
  • To provide information to you about services you have purchased from us, or related services;
  • To send periodic emails (The email address you provide for order processing may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.)
  • To employ you or consider you for employment;
  • To provide services to you under contract;
  • For legal reasons, for example, if you have entered into a contract with us; and
  • To provide information to you about our Services if you have consented to receive it.

What Legal Basis Does Trans-Tech Have for Processing Your Information?

Trans-Tech may process your information, including your personal data, because:

  • We have a contract with you;
  • You have given us permission to do so; 
  • We must provide services to you after you have purchased something from us; and/or
  • To comply with the law.

For of these reasons, Trans-Tech may legally process the personal data we have about you.

2. Sharing Customer Information

Collecting and using accurate and detailed information about our customers is necessary to provide the best service experience. Information collected is only used to provide our products and services and to comply with any requirements of law. We share customer information only as described below.

Protection of Customer Information and Data: We will only release customer information or data when required to do so by statute or court order or to enforce or apply our Terms of Service and other agreements or to protect the rights, property, or safety of the Site, our employees, our users, or others. We may also provide customer information to law enforcement agencies and emergency services in emergency situations. We may also exchange information with other companies and organizations to enhance fraud protection. We do not sell, rent, share, or otherwise disclose our customers’ personal data or information for commercial purposes in violation of the promise we make to you in this Privacy and Data Security Policy.

Third Party Service Providers: We connect you to other companies, agents, handlers and fixed base operations (“FBOs”), which you select, to perform functions on your behalf, such as arranging landing permits, aircraft fueling, customs, immigration, and similar services required to provide our customers with effective service. We will only connect you or disclose your information to third party service provider, (1) as identified in this Privacy and Data Security Policy, and (2) when you select such third party service provider.  These third party service providers will have access to your information on a need to know basis for such purposes. In many cases you will determine the nature and extent of information provided to third party service providers depending on the nature and extent of services you wish to receive. All such agents or contractors have varied degrees of internal compliance processes and Trans-Tech does not have control over and is not responsible for the handling of customer information by those parties.

Business Transfers: As we continue to develop our business, we may sell or buy other businesses. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any existing Privacy and Data Security Policy. In the event Trans-Tech or substantially all of its assets are acquired, customer information of course will be one of the transferred assets.

3. Security of Customer Information

We maintain physical, electronic, and procedural safeguards designed to protect customer information. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you enter at our Site.

We reveal only partial digits of your credit card numbers when confirming an order.

It is also important for you to protect against unauthorized access to your customer password and to computer terminals that may access the Site and your account. For example, be sure to sign off when finished using a shared computer. We take the security of your data very seriously and employ all reasonable measures to protect it. Ultimately, however, no system for transmitting data over the internet is completely secure and we do not guarantee the security of data transmitted between your computer and our servers or otherwise in connection with the Site and our services and you provide your information to us at your risk.

4. Third-Party Websites, Services and Applications

Please be aware that other websites and services, including the websites of third parties that you connect with through our Site, may collect personally identifiable information about you. This Privacy and Data Security Policy does not cover the information practices of those third-party websites, services or applications.

Third Party Service Providers: We make reasonable efforts to ensure that the businesses, agents, handlers and FBOs that we propose to perform functions on your behalf have policies and procedures designed to protect the confidentiality and security of customer information. Businesses, agents, handlers and FBOs that you select to provide services are outside of our control. In any case, we do not warrant and are not responsible for their handling of your information and you provide information to them at your risk.

Third Party Applications: Additionally, certain information may be made available to third parties that serve the content of our Site (“Third Party Applications”, as described below). Third Party Applications may host servers that deliver our services to our customers and they automatically receive certain aspects of customer information. Third Party Applications, some of which may be listed on pages within our Site including but not limited to those listed in our Terms of Service, Subscription Agreement, or Alliance Agreements (“Third-Party Applications”), provide services related to the provision of our cloud-based services, including implementation, customization and other consulting services related to customers’ use of our services and applications. They may also interoperate with other service applications (both offline and online) such as by exchanging data or by offering additional functionality within the user interface of the Third Party Applications through use of application programming interfaces (“API”). Trans-Tech does not warrant any such Third Party Applications, whether or not such products or services are designated by us as “certified,” “validated,” or otherwise. Any exchange of data or other interaction between you and a provider of a Third Party Application is not covered by this Privacy and Data Security Policy. In addition, from time to time, certain additional functionality may be offered by us and agreed to by you in connection with a separate purchase of such additional functionality. Your use of any such additional functionality shall be governed by the terms applicable to such purchase, which shall control in the event of any inconsistency with the terms of this Privacy and Data Security Policy.

Integration with Third Party Service Providers and Third Party Applications: You acknowledge that Trans-Tech may allow third party service providers and Third Party Applications to access customer information as required for the inter-operation of their functions with our services. We are not responsible for any disclosure, modification or deletion of customer information resulting from any such access. In addition, our services may contain features designed to inter-operate with Third Party Applications such as Google, Facebook or Twitter applications. To use such features, you may be required to obtain access to such Third Party Applications from their providers.

5. Customer Choices

As mentioned above, you may choose not to provide the information identified in this policy, or revoke Trans-Tech’s access to any such information, at any time.

6. Cookies

Our Site uses cookies.  The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add ons settings or visiting the website of its manufacturer. Because cookies allow you to take advantage of some of the Site’s essential features, we recommend you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to use the Site’s services that require you to sign in.

7. Terms of Service, Notices, and Revisions

If you choose to visit the Site or use our services, your visit or use of services and any resulting dispute is subject to our Terms of Service which include but are not limited to, limitations on damages, dispute resolution, and the applicable laws of the State of Texas and the United States of America.

As our business changes our Privacy and Data Security Policy and our Terms of Service will be amended from time to time. Any changes will be effective upon posting on the Site and we will use reasonable measures to ensure that changes are prominently posted in a manner designed to afford notice to you. Your continued use of the Site and any services we offer following the posting of any changes will constitute your acceptance of the changes. We may email periodic updates unless you have instructed us not to, but you should revisit our Site for from time to time to check for amendments.

8. Where We Store Your Information

We primarily store and process your personal data in the United States of America.  If we do transfer your information outside of the United States of America we will have a legal basis to do so.

Some examples of reasons your data may be processed outside of the United States of America include:

  • Providing you services;
  • Payment processing; and/or
  • Technical support services.

If your information cannot be processed within the United States of America and is subsequently transferred outside of the United States of America, we will:

  • Comply with all required data protection principles;
  • Where possible, be to a country that is on the list of the EU Commissions’ countries that provide adequate protections for the rights and freedoms of data subjects; and
  • Make sure we have assessed the adequacy of protections in all other cases.

9. Safe Harbor

Trans-Tech is headquartered in the United States of America. The data you provide to us or that we obtain as a result of your use of the Site or our services is collected in your country and subsequently transferred to the United States of America. Please be aware that the United States of America may not have the same, or even similar, data protection laws to your country of residence. As such, you are encouraged to read this Privacy and Data Security Policy carefully.

However, we are happy to report that Trans-Tech complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Trans-Tech has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Trans-Tech’s certification, please visit http://www.export.gov/safeharbor/.

10. How Long Will We Keep Your Information?

Trans-Tech will not retain your information for longer than required.

We will keep your personal data:

  • For as long as required by law;
  • Until we no longer have a valid reason for keeping it; and
  • Until you request us to stop using it.

We may keep just enough of your information to ensure that we comply with your requests not use your personal data or comply with your right to erasure. For example, we must keep your request to be erased even if it includes your information until such time as you are no longer our customer.

If you have questions about our data retention practices, please contact: privacy@Tripplanning.Biz.

11. Residents of the European Economic Area

Trans-Tech will respect your legal rights to your data.  If you are a resident of the European Economic area (“EEA”) you have certain rights related to your personal data.  Below are the rights that you have under law, and what Trans-Tech does to protect those rights:

Legal right

 

What Trans-Tech does to protect your rights

The right to be informed

 

Trans-Tech is publishing this Privacy and Data Security Policy to keep you informed as to what we do with your personal data. We strive to be transparent about how we use your data.

 

 

 

The right to access

 

You have the right to access your information. Please contact Trans-Tech at privacy@Tripplanning.Biz if you wish to access the personal data Trans-Tech holds about you.

 

 

 

The right to rectification

 

If the information Trans-Tech holds about you is inaccurate or not complete, you have the right to ask us to rectify it. If that data has been passed to a third party with your consent or for legal reasons, then we must also ask them to rectify the data. Please contact Trans-Tech at privacy@Tripplanning.Biz if you wish to correct any information.

   

The right to erasure

 

This is sometimes called ‘the right to be forgotten’. If you want Trans-Tech to erase all your personal data and we do not have a legal reason to continue to process and hold it, please contact us at Trans-Tech at privacy@Tripplanning.Biz.

 

The right to restrict processing

 

You have the right to ask Trans-Tech to restrict how we process your personal data. This means we are permitted to store the data but not further process it. We keep just enough data to make sure we respect your request in the future. If you want us to restrict processing of your data, please contact Trans-Tech at privacy@Tripplanning.Biz.

The right to object

 

You have the right to object to Trans-Tech processing your data even if it is based on our legitimate interests, the exercise of official authority, direct marketing (including data aggregation), and processing for the purposeless of statistics. If you wish to object please contact Trans-Tech at privacy@Tripplanning.Biz.

 

 

 

The right to withdraw consent

 

If you have given us your consent to process your personal data but change your mind later, you have the right to withdraw your consent at any time, and Trans-Tech must stop processing your data unless it has another legal basis to do so. If you want to withdraw your consent, please contact Trans-Tech at privacy@Tripplanning.Biz.

The right to complain to a Supervisory Authority

 

You have the right to complain to the ICO if you feel that Trans-Tech has not responded to your requests to solve a problem. You can find their contact details here: https://ico.org.uk/concerns/

12. Access Your Information

In addition to the rights available to residents of the EEA discussed above, anyone utilizing our services may have the options available under this section as provided by applicable law. If you would like to request to review, correct, update or delete information and/or personal data that you have previously provided to us, or if you would like to request to receive an electronic copy of your personal data for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us at privacy@Tripplanning.Biz.

In your request, please state what personal data you would like to have changed or accessed. For your protection, we only implement requests with respect to the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request.

We will respond to your request consistent with applicable law.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion.

If you are a resident of California, under 18, you may ask us to remove content or information that you have posted to the Services by writing to privacy@Tripplanning.Biz.

Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.

Residents of the EEA may lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of EU data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

13. California Privacy Rights

With certain exceptions, California Civil Code Section 1798.83 permits certain individuals who have utilized the Site and/or our services who are California residents to request certain information regarding the disclosure of any personal data to third parties for their direct marketing purposes. To make such a request, e-mail us at privacy@Tripplanning.Biz.

14. Enforcement

We use a self-assessment approach to assure compliance with this Privacy and Data Security Policy and periodically verify that the policy is accurate, comprehensive for the information intended to be covered, prominently displayed and accessible. In compliance with the US-EU and US-Swiss Safe Harbor Principles, Trans-Tech commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact:

By Mail: Privacy Officer

Trans-Tech

22202 North Lake Village Drive 

Katy, Texas USA 77450

By E-mail: privacy@Tripplanning.Biz

Trans-Tech has further committed to participate in the dispute resolution procedures of the panel established by the EU data protection authorities (DPAs) to resolve disputes pursuant to the Safe Harbor Privacy Principles, as well as to cooperate and comply with the Federal Data Protection and Information Commissioner of Switzerland. The panel may be contacted at ec-dppanel-secr@ec.europa.eu and individual EU DPAs may be contacted directly via the information provided at http://ec.europa.eu/justice/data-protection/bodies/authorities/eu/index_en.htm. The contact information for the Swiss FDPIC can be found at: http://www.edoeb.admin.ch/kontakt/index.html?lang=en .

15. Consent

By utilizing our Site or the services made available through our Site, you are providing your consent and acknowledging that you have read and understand the practices described in the Privacy and Data Security Policy.

Last Revised: Apr 7, 2021