Terms of Use of the EASA TCO web-interface

Transcription

1 Terms of Use of the TCO web-interface The use of the TCO web-interface (hereafter referred to as TCO web-interface ) is subject to the following Terms of Use, (hereafter referred to as ToU ). The European Aviation Safety Agency (hereafter referred to as Agency or ), reserves the right to change/update the ToU at any time and publish updated versions of the ToU on the Website. These ToU govern the use of the TCO web-interface and the data contained in its database (hereafter referred to as Database ). No variation from these ToU shall be valid unless expressly agreed in writing by the Agency. Registration and use of the TCO web-interface shall be free of charge. A. Nature of the TCO web-interface A Third Country Operator (hereafter referred to as TCO ) means any operator holding an air operator certificate issued by a Third Country. In accordance with Commission Regulation (EU) No 452/2014, TCOs shall only engage in commercial air transport operations within, into or out of the territory of the European Union if they comply with the requirements of Annex X (Part-TCO) of this Regulation and hold an authorisation issued by the Agency. The TCO web-interface is a web-based tool that allows TCOs to share with the relevant information needed for the authorisation process and its continuous monitoring. The TCO web-interface shall be used exclusively by the Users for: i. Submitting data in order to support the application process for a Third Country Operator Authorisation; ii. Gain access to a range of data depending on the access level, in accordance with paragraph D.1; iii. Maintain accuracy of the information and ensure that the data is up-to-date for facilitating the continued oversight activities of on TCOs; iv. Exchanging information on TCO s related matters between the Users and by means of a communication platform. B. Users Users of the TCO web-interface can be of two natures: 1. Administrator Users: nominated by the Entity they belong to for the purpose of registering and operating on the TCO web-interface. 2. Staff Users : created and managed by the Entity s nominated Administrator User, with a restricted access and including the delegation for certain tasks as decided by the Administrator User and depending on the nature of the Entity. B.1 Eligibility Natural persons and Legal entities are eligible to become Users of the TCO web-interface B.1.1 Natural Persons Natural persons (who must have legal capacity to validly enter into contracts and legal obligations under their respective applicable/national law) may only create/register one Administrator User Account, which shall have full rights over the respective Staff Users accounts on the TCO web interface. Page 1 of 7

2 B.1.2 Legal Entities Legal entities may create/register the following number of Administrator Users accounts: i. For TCOs: Maximum one Administrator User Account; ii. For National Aviation Authorities and European Commission: Maximum two Administrator User Accounts; Legal Entities may register as many Staff Users as deemed necessary (within and for their own one and the same legal entity). B.2 Administrator User The Administrator User, as defined in para. E, is the User responsible - within and on behalf of the entity it represents - for the administration and management of the Entity Staff Users accounts. He/she shall be the Agency s point of contact. The Administrator User shall: (i) be duly authorised/empowered to validly represent the Entity and enter into legal obligations under his/her respective applicable/national law (ii) be an agent or employee of the entity duly authorised to represent and validly bind the company for the purpose of registering other entity Staff Users on the TCO web-interface and creating, maintaining, administering/managing and monitoring/supervising the entity Staff Users accounts on the TCO web-interface on behalf of the Entity. It is the Administrator User s responsibility to monitor and supervise, on behalf of the entity, the usage of the TCO web-interface by any and all Staff Users. If the Administrator User identifies an infraction by one of the Entity Staff User, the Administrator User shall immediately notify the Agency thereof, take all such corrective measures as deemed appropriate, and ensure that the Entity Staff User s account/access is immediately disabled. The Administrator User shall terminate its access or the access of the Staff Users to the TCO webinterface by requesting the termination of its account, in the following cases: i. Upon termination of employment with the current employer ii. Changes in functions, whereby access to the TCO web-interface is not needed. iii. as a consequence to a breach of any of the policies or terms governing these ToU. B.3 Staff Users All Staff Users, as defined in para. E, shall have their own respective login name/id and password, which should be kept secure at all times, to access the TCO web-interface and their account. Each entity Staff User shall be responsible for ensuring that no one else has access to his/her user name/id and/or password and/or account in the TCO web-interface. Each Staff User registered on the TCO web-interface (at the request of the Administrator User) shall be bound by these ToU. B.4 Groups of Users and Access Rights to the TCO web-interface Users of the TCO web-interface shall be divided into the following groups. Each group shall have access rights to the TCO web-interface according to the criteria as provided below. i. Staff has restricted or unrestricted access rights depending on the responsibilities defined by ; ii. National Aviation Authorities & European Commission a. National Aviation Authorities from Member States [EU MS (28) + Iceland, Liechtenstein, Norway, Switzerland] have restricted access rights (for instance to the Basic Operator Data - and its attachments for any TCO file) with read-only access; b. National Aviation Authorities from Non- Member States have restricted access rights (for instance to the Basic Operator Data and its attachments for Page 2 of 7

3 any TCO file but only for which the NAA is the State of Operator ) with read-only access; c. European Commission has restricted access rights (for instance to the Basic Operator Data and its attachments of any TCO file) with read-only access; iii. TCOs have access rights limited only to their own file (including editing rights). B.5 Users Rights and Security All Users of the TCO web-interface shall be provided with a user name/id and password and shall remain entirely responsible: (i) that the security and confidentiality of their user name/id and password which shall be kept secure at all times; (ii) for all activities that occur under their account; (iii) for the disposal of copies of confidential material as soon as there is no further need for using that data, of data obtained from the TCO database, in electronic or documentary form. Users shall only use their own account. All Users shall notify the Agency immediately of any unauthorised use of their accounts or any other breach of security. The Agency shall not be liable for any loss that the User may incur as a result of someone else using a user name/id and/or password, either with or without the knowledge of the user. Until the moment of notification of unauthorised access/use to the Agency, the User may be held liable for losses incurred by the Agency or a third party. Users may access, view, retrieve, and print material from the Database subject to the restrictions below. Users are not allowed to : i. republish material from this Database; ii. sell, rent or otherwise sub-license material on the Database; iii. reproduce, duplicate, copy and exploit material on this Database for a commercial purpose; iv. edit or otherwise modify any material on the Database, except where the ownership of the intellectual property rights on the material to be modified belongs to the respective copyright owner; or v. redistribute material from this Database except for content specifically and expressly made available for. In case a User violates these principles, may suspend or withdraw his/her access to the webinterface. C. Information provided by TCOs in the TCO web-interface The following principles apply to any information provided by a TCO s Administrator User or Staff User to the Agency, for example, when filling in the Basic Operator Data (BOD) or Advanced Operator Data (AOD). The Administrator User is responsible for ensuring that all data provided to the Agency is correct, accurate, up-to-date, complete and not misleading. TCO s Administrator User and Staff Users of the TCO web-interface are responsible for: (i) guaranteeing that the information provided on the TCO web-interface is correct. (ii) maintaining up-to date data on the TCO web-interface at all times, in particular with regards to the Basic Operator Data (BOD) and Advanced Operator Data (AOD), whenever applicable. (iii) undertaking to reflect, in the TCO web-interface, any changes subject to prior validation as defined by the Agency to data such as: a. changes to the fleet (additional aircraft type/mode/etc.) b. changes to the Operation Specifications associated to the Air Operator Certificate (AOC) c. changes to the AOC number, name and/or address. Page 3 of 7

4 d. changes to the company name and/or address (and/or Doing-business as/trade name/address) The upload, in whole or in parts, of the TCO s documents, manuals or procedures does not constitute any form of explicit or implicit acceptance, authorisation or approval by the Agency. The Agency is not deemed to have taken notice or have read any or all of such uploaded materials and does not accept any responsibility for the contents of any such materials uploaded by the applicant or authorisation holder, respectively. D. Control and Operation The TCO web-interface is and remains at all times controlled and operated exclusively by the Agency, subject to these ToU. E. Modifications to the TCO web-interface The Agency reserves the right to change/update the ToU at any time and publish updated versions of the ToU on the Website. The continued use of the TCO web-interface by a User after any such change/update constitutes the User s acknowledgement and acceptance of the updated ToU. The Agency reserves the right to alter, suspend or discontinue any aspect of the TCO web-interface, including the content or services available through it and any User s access to it. Unless explicitly stated otherwise, any new features including new content or amendment by the Agency to the TCO web-interface shall be subject to these ToU. E.1 Records keeping and archiving policy The documents and data provided by the Users are kept, in the form they are delivered (in paper or electronically) for as long as they might be needed for the purpose of continuous monitoring activities over the TCOs. In particular, for the purpose of ensuring traceability of the activities of the Users, earlier versions of a document uploaded in the TCO web-interface are kept even after a new version of the document is provided. This applies to both paper and electronic documents. E.2 Data Protection In accordance with Regulation (EC) no 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data, the User authorises the Agency to process any personal data provided in the TCO web-interface tool which relates to and identifies any natural person, including but not limited to name and address,. The personal data shall be processed by the Agency solely for the purposes of the TCO web-interface and for any actions related to the tasks and services requested through the TCO web-interface, including without limitation the performance, management, follow-up of such tasks and services and the processing of the related registrations and applications, as well as any other matters that could be of interest to the TCOs, without prejudice to possible transmission to internal audit services, to the European Court of Auditors, to the Financial Irregularities Panel and/or the European Anti-Fraud Office for the purposes of safeguarding the financial interest of the European Union. The data subject shall have the right of access to their own personal data and the right to rectify any such data that is inaccurate or incomplete. The data will be stored for no longer than is necessary for the purpose for which this data is collected or further processed. Should the data subject have any queries concerning the processing of his/her personal data, he/she shall address them to the Agency. The TCO shall have right of recourse at any time to the European Data Protection Supervisor. Page 4 of 7

5 F. Minimum Technical Requirements F.1 Operating system and browsers The Agency recommends using the latest versions of Microsoft Internet Explorer or Firefox as your Internet browser. Using an older browser or a browser not on the Agency s list of supported browsers may cause some of the TCO web-interface s features and services to operate incorrectly. The Agency s supported browsers include the most popular browsers for both Windows and Macintosh operating systems. List of supported browsers: Internet Explorer 11 Internet Explorer 10 Internet Explorer 9 Firefox F.2 Cookies The Agency reserves the right to use cookies for the purpose of operating TCOs web-interface. A cookie is a small amount of data which is stored on the computer of the Users of the TCO webinterface and which is revealed to the Agency when the TCO web-interface is used. The Agency does not use cookies to collect personal or sensitive User information. Users may configure their web browser not to accept cookies, however, this may hinder the functionality of the TCO web-interface. F.3 Java script To use the TCO web-interface, the browser of the User must support java script. Java script is a programming/scripting language to provide website interactivity features, such as validation of form entries and usability features as e.g. asynchronous data loading. The Agency does not use java script to collect personal or sensitive User information. F.4 Secure Sockets Layer (SSL) The TCO web-interface uses Secure Sockets Layer (SSL), for securing confidential client/server communication as e.g. logins or submission of sensitive (personal) data and other security related events. The SSL ensures the confidentiality of all communication between the Agency and the Users in the TCO web-interface. F.5 Adobe Portable Document Format (PDF) The TCO web-interface l uses Adobe PDF to provide downloadable forms. To be able to correctly view and complete the application forms on the TCO web-interface, Users must have Adobe Reader version 8 or higher installed on their computers. Adobe Reader version 8 or higher can be downloaded free of charge from G. Intellectual Property The ownership of the TCO web-interface and of the database therein contained is vested to the Agency. Ownership of the contents of the database, including all copyright and other pre-existing or resulting intellectual or industrial property rights, any documentation, data, technical information and knowhow contained within the Database remains vested with the original owners. Without prejudice to the above, the original owners hereby grant at no cost a non-exclusive, irrevocable license of use to the Agency on any such documentation, data, technical information and know-how, for the full duration of any applicable intellectual or industrial property right, for the Page 5 of 7

6 purpose the Agency s operational activities. This includes inter alia operating and maintaining the database, storing and reproducing any licensed information for the purposes of internal and external reporting. All intellectual property rights pertaining to the TCO web-interface, including without limitation logos and trademarks/names contained within the TCO web-interface, are owned by the Agency (except where indicated otherwise). Users shall not modify, copy, reproduce, (re-)publish, upload, post, transmit, distribute or otherwise communicate, by any means or in any manner whatsoever, any material or information downloaded from the TCO web-interface, including but not limited to text and/or graphics without express authorisation from the Agency. Upon such authorisation the User shall acknowledge the Agency as the source of such material or information. H. Confidentiality Subject to applicable national and international rules and regulations the User undertakes to treat in the strictest confidence and not to divulge to third parties any information or documents contained in this Database. The User shall continue to be bound by this undertaking after expiration of his/her User License. The disclosure of confidential information by the User shall not under any circumstances grant any express or implied intellectual property rights on the revealed information to any recipient of such information. Unauthorised disclosure of confidential information shall not deem the information to be in the public domain. The User acknowledges that monetary damages may not be a sufficient remedy for damages resulting from the unauthorised disclosure of confidential information and that the Agency shall be entitled, without waiving any other rights or remedies, to seek such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction. No reproduction, transmission, storage, retrieval, translation or transcription of the confidential materials in this Database in any form or by any means is permitted in whole or in part without the express written consent of. The Agency reserves the right to disclose the information included in the TCO web-interface to third parties if so required by the applicable legal framework. I. Availability of the TCO web-interface The Agency shall endeavour to make the TCO web-interface available at all times but cannot guarantee that the TCO web-interface will operate continuously or without interruptions or be without error, and can accept no liability for its unavailability. Users shall not attempt to interfere with the working of the TCO web-interface or the Agency s website, and in particular, Users shall not attempt to circumvent or in any way affect security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connection device or other IT applications, tools, hardware, software, etc. J. Liability Applicants shall be responsible for ensuring that their computer systems meet all relevant technical specifications necessary to use, and are compatible with, the TCO web-interface. The Agency does not guarantee or warrant that any material available from its website, or in particular on the TCO web-interface, is free from defect, infection, viruses and/or other codes that may have damaging, contaminating, destructive or disruptive properties. Users shall be responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and output and, more generally, for the protection and security of their systems, material, property or operations. The limitations and exclusions in this clause only apply to the maximum extent permitted by Applicable Law. Page 6 of 7

7 J.1 Limitations of liability The Agency accepts no responsibility or liability whatsoever with regard to the content and its timely delivery by the Users or for any actions resulting from the use of the information contained in the TCO web-interface. This information is of specific nature, provided by the Users and as such the Agency cannot guarantee its accuracy. It is the Agency s goal to minimize disruption caused by technical errors. However some data or information in TCO web-interface may have been created or structured in files or formats that are not error-free and consequently cannot guarantee that the service will not be interrupted or otherwise affected by such problems. The Agency accepts no responsibility with regard to such problems incurred as a result of using TCO web-interface. K. Termination The Agency reserves the right to disable any User name/id and password as a consequence to a breach of any of the policies or terms governing these ToU. The measures undertaken by the Agency shall include but will not be limited, to suspension or cancellation of the User account, restriction of access to the TCO web-interface, or commencement of legal proceedings against the User. L. General Recommendations Users shall check and keep themselves continuously informed of and familiar with the ToU on the TCO web-interface. M. Settlement of Disputes Any disputes between the Agency and the Parties concerning any matter arising in connection with these Terms of Use shall in the first place be settled amicably. If the parties cannot settle the dispute amicably, the Parties agree that any dispute relating to these Terms of Use shall be subject to the jurisdiction of the courts of Cologne in Germany. N. Applicable Law Without prejudice to applicable EU legislation conferring jurisdiction to the European Court of Justice, these Terms of Use shall be governed by and construed in accordance with the substantive law of Germany. Page 7 of 7