General terms and conditions

If you create an account for your whirlwind club at the gliding.app, we will make agreements together.We think it is important to be transparent.In this statement we record how we treat each other and we handle data safely and privacy -friendly.

Do you have questions about the gliding.app, about these conditions?Mail us at [contact@gliding.app] (Mailto: contact@gliding.app).

1. Who is who?

If you read 'you', 'you' or 'You (W)' in these conditions, we mean you as an admin user of the gliding.app and "Representative" of your club.By "Club" we mean the whirlwind club of which you are either a director (as registered in the Chamber of Commerce) or have given the authority from the board to represent it and to perform independent actions in the glider.App.We don't have to check this.If necessary, you hereby give an irrevocable power of attorney to every representative to independently represent your club.

If you read 'we', 'we', 'us', or 'our', then we mean the gliding.app (registered with the Chamber of Commerce under number 88819051).

2. When do these conditions apply?

This agreement is concluded when you first use the gliding.app, where you explicitly agree to the agreement before the account of your club is created.We always work on the basis of these general terms and conditions.We only deviate from this if we have explicitly agreed this by e-mail.

3. The gliding.app: what can you expect from us?

We hope that you use gliding.app with great fun. That is why we do our best to always make gliding.app a lot work well and to constantly improve.

However, we cannot guarantee that gliding.app is always and fully available and works without malfunctions.Nor can we guarantee that gliding.app can be used on every operating system, every browser, tablet or (mobile) device.

In addition, we can sometimes temporarily use gliding.app out of use to carry out maintenance, make adjustments or to improve the operation.We try to do this during the winter or otherwise if necessary at night or during the week if we do not fly, so that you will be bothered as little as possible.

We are free to adjust, expand, delete or change parts of gliding.app.This may mean that certain functionalities or services are no longer available at a certain point, or that the gliding.app no ​​longer works on certain operating systems or (mobile) devices.In any case, we ensure that personal data is not processed or in an additional way than described in Article 9.

We do everything we can to ensure that gliding.app is up -to -date, accurate and flawless, but we cannot stand one hundred percent for this.For example, it may happen that calculations, overviews or reports that you make in gliding.app contain errors.This can be the result of a system error in gliding.app, but also of wrong information or data that you have entered yourself.

4. What are your responsibilities?

You are responsible for the proper use of the gliding.app for your club and the actions that are performed with your user account.You are responsible for entering the correct information about your club.You are also responsible if someone else has used your password or because you have others use your account, we accept no liability for that.

Do you suspect that something strange or unusual is going on with your user account?Let us know via [contact@gliding.app] (Mailto: contact@gliding.app) and then we can reset your password or deactivate account.

5. What prices do there apply to the use of the gliding.app?

Creating a test account is free and without obligation.With this test account you can add a maximum of 6 users to try the gliding.app for free and without obligation for a period of 12 months.During this period we offer the possibility to import your club's data.

From the moment you start activating more than 6 users, we assume that you will use the gliding.app for your club, and changes the status of your account to a paid account.

We are currently offering a paid account based on the number of active members that you have loaded in the "glider" group.This can change in the future.You will find more information about this on our website.

If you do not switch to a paid account within 12 months, we will reserve the right to take out your test account.We will consult this with you, you may need more time to prepare your club for using the floating.

6. How does the payment work?

The moment your test account is converted to a paid account, you must specify valid payment details.We strive to send you an invoice annually in January for the total amount of that year.If you have been dealt with to a paid account later in the year, we will charge pro rata for the remaining part of the year.

Make sure you pay the amount within the payment term of 4 weeks, and state the reference number.If you pay too late, we can charge statutory trade interest and collection costs.We can also temporarily deny you and your club access to the gliding.app until you have paid the outstanding invoices.In addition, we have the right to terminate the agreement, to stop our services to you and even delete your gliding.app account.In that case we are not liable for any damage that you suffer.We have been in this clause for legal reasons, we assume the friendly and hobby character of our sport that this will never be necessary.

7. Can we change the prices?And what can you do then?

Prices can be adjusted annually based on the inflation correction from CBS.A motivation obligation applies from us, we cannot simply change our prices.It may be that we offer extra functionalities in the future for which a different price applies.In both cases, if we change the prices, we always report this at least before 1 October.If you do not agree with the change, you can cancel our agreement free of charge at the end of the year.If you continue to use the gliding.app after the price change in the new year of the floating., You indicate that you agree with the change.

8. Cancel

Your relationship with us has no end date.Do you want to cancel this?You can do this annually by sending a cancellation e-mail to [contact@gliding.app] (mailto: contact@gliding.app) before December 28.After canceling you will receive all your club data in a complete data dump, including backups of files.We deactivate your account and save a backup of your data for 12 months after deactivating.After this period we will delete all the data from yours and your club.

We can also cancel the relationship, and will do so with a notice period of 3 months.We can do this, among other things, if - for example - it is suspected that our service is unlawful, if it appears that information provided by you as a representative of your club turns out to be incorrect if the continuation of our relationship with you results inLiability risk for us, if you do not want to pay on time.

If we cancel the relationship because we as a gliding.app stop offering our service, we will do with a cancellation period of 12 months and we will give all affiliated clubs access to the source code through a publicly accessible Git Repository, and the rightsTransfer to the source code under Creative Commons Share-Alike (immediately share) license.Together with the DataAdump from clubs, you can use this period to find a new party that will continue the service or take the steps required to continue the service yourself.

After canceling the relationship with you, we are not liable for damage that you suffer or costs that you incur, for example for not downloading your club data on time.

9. Privacy and personal data

In the gliding.app you can record personal data from third parties (the members of your club), think of e-mail addresses.As a result, we must both comply with the General Data Protection Regulation (AVG).From a legal point of view, the club is classified as responsible for the processing of the aforementioned personal data.We ourselves are classified as the processor.We consider this provision as the processing agreement that we must conclude on the basis of the AVG.

For your information, for users who log in to the gliding.app we have a separate privacy communication, you can read this in the privacy statement on our website under www.gliding.app/privacy.

9.1 General description

We process data commissioned by the club with the aim of facilitating the club's digital gliding administration.Think of things such as the starting administration, EASA Declared Training Organization (DTO) administration, powers, or currency of members.Hereby the details of members of the club are processed as mentioned below:

• Name
• Contact details
• emergency contact data
• Validity of Medical -certificate, KNVVL, AML number
• Starts made including date, time, registration number aircraft and roll.
• Progress and notes DTO
• powers within the club
• registrations, services and/or reservations

This data is processed and made accessible to other members of the club or a specific group of members of the club (for example instructors, board or admin members), on the basis of groups configured by the club to be able to meet the legal obligations of the glider clubFollowing the EASA and DTO rules, to be able to organize a flight company and to comply with conditions of, for example, the insurance of aircraft and equipment.We ensure that we meet the requirements of the laws and regulations regarding the processing of personal data.

9.2 Instructions around processing

We process the data as mentioned in Article 9.1.We do not use the personal data for other purposes or otherwise than described herein.

9.3 Confidentiality

We both ensure (you as a representative of your club and we as the gliding.app) that all persons who have access to the aforementioned personal data will not share and keep them secret.Only if we are obliged to do so due to a legal provision will we proceed with this, and will we inform the club about this as soon as possible.

9.4 Security

To secure the personal data, we have taken appropriate technical and organizational measures.We have based the choice of these measures based on the available technology, the implementation costs, the type of personal data that we process and the risks associated with it.For example, our website has an SSL certificate, we use a firewall to prevent abuse and we have encryption on certain critical data.In addition, all our servers within the European Union (European Economic Area) and hosts are at locations whose data cannot be shared with the US (think of the EU-US Privacy Shield).

9.5 Sub -processors

We host our service at Amazon within the European Union (European Economic Area), which occurs with us and with us as a sub -processor, where we have both our servers and databases.

9.6 Privacy Rights

The data that you or your clubmates enter in gliding.app are always yours.So we will never claim the ownership of data that you have entered yourself.

As a person responsible for the processing of personal data, you are authorized to view, change or delete all the data from your club if it appears to be necessary.

A complaint or request from a person concerned with regard to the processing of personal data, as described in Article 9.1, is forwarded by us to your club, which is responsible for handling the request.We will fully cooperate to ensure that you - within the legal periods - can comply with this.

9.7 Report to a data breach

As soon as we notice that a data breach, an unlawful processing of personal data or an infringement has been made on our system, we will report this immediately so that we can assess the incident and take appropriate follow -up steps.Of course we will both assess the incident, and together determine which measures we can take to limit the impact and prevent this in the future.

9.8 Storage Term and delete data

Data from individual members that you enter as a club are stored as long as the member is regarded as an active member by the club.After deleting the member, the data will be stored for 36 months to meet EASA and DTO retention periods.

We are obliged to remove the processed personal data when termination of our relationship, and will do this as we have described in Article 8.

We make continuous backups of the data that you store with us.We store backups for a maximum of 60 days.This means that deleted data can be stored in such a backup for a maximum of 60 days.

9.9 Audits

If you want to do an audit to see if we meet all legal obligations, we will cooperate with this.After consultation you can request an independent auditor, and at your expense it can perform the audit.We hereby provide all cooperation.

10. Can we change these conditions?And what can you do then?

We can occasionally change these conditions.We always let you know this well in advance by e-mail, and we explicitly ask you to agree with the conditions again.If you do not agree with the change, you can cancel our agreement immediately.

11. Disputes: How do we solve them?

This is also a clause that is legally stated in our conditions, but will hopefully never be necessary.If we have a dispute, we do our best to find a solution with you.Therefore, let us know as soon as possible if you are not satisfied with something.If it is not possible to find a solution together, we will present our dispute to the competent court in Utrecht.Dutch law applies to our agreement.

Version 4, 17 Feb 2023