AirScout/AirScout/TERMSANDCONDITIONS

+++ TERMS AND CONDITIONS +++

Copyright (c)  2020 by DL2ALF

AirScout is free for personal ham radio related use. You may free distribute the package without changes. It has been developed using C# and Microsoft Visual Studio Express. It is released under the GNU Public Licence V3, the source code is available on request. It could not have been developed without the great help of Open Source software found on the Internet for almost all presentation and calculation tasks inside the software. You may use it "as it is" without any warranties. For further information see the disclaimer on the "Options/Info" tab.

+++ PRIVACY POLICY +++

Personal data (usually referred to just as "data" below) will only be processed by us to the extent necessary and for the purpose of providing a functional and user-friendly software.

Per Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as the "GDPR"), "processing" refers to any operation or set of operations such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.

The following privacy policy is intended to inform you in particular about the type, scope, purpose, duration, and legal basis for the processing of such data either under my own control or in conjunction with others.

My privacy policy is structured as follows:

I. Information about me as a controller of your data
II. The rights of users and data subjects
III. Information about the data processing

I. Information about me as a controller of your data

The party responsible (the "controller") for AirScout (this "software") for purposes of data protection law is:

Frank Schmähling
Tabarzer Str. 15
99867 Gotha
Germany

Email: dl2alf@darc.de

II. The rights of users and data subjects

With regard to the data processing to be described in more detail below, users and data subjects have the right

    to confirmation of whether data concerning them is being processed, information about the data being processed, further information about the nature of the data processing, and copies of the data (cf. also Art. 15 GDPR);
    to correct or complete incorrect or incomplete data (cf. also Art. 16 GDPR);
    to the immediate deletion of data concerning them (cf. also Art. 17 DSGVO), or, alternatively, if further processing is necessary as stipulated in Art. 17 Para. 3 GDPR, to restrict said processing per Art. 18 GDPR;
    to receive copies of the data concerning them and/or provided by them and to have the same transmitted to other providers/controllers (cf. also Art. 20 GDPR);
    to file complaints with the supervisory authority if they believe that data concerning them is being processed by the controller in breach of data protection provisions (see also Art. 77 GDPR).

In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients.

Likewise, under Art. 21 GDPR, users and data subjects have the right to object to the controller's future processing of their data pursuant to Art. 6 Para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.

III. Information about the data processing

This software is retrieveing user information to maintain a AirScout global station database and for statistiacl purpose. 
Therefor a minimum of personal data will be stored on the AirScout server. Most of them is collected from publically available sources. 
Please support the community with details about your station and your QTH. This is your tribute to the community!

AirScout is generating a unique AirScout ID to identify each instance of AirScout running and to generate a temporary session key. 
The ID is just a random number and will remain the same until:

	- a relevant change of your hardware setup and/or Operating System is detected
	- you delete AirScout_Device_ID and/or AirScout_Instance_ID from your AirScout settings or you delete all AirScout settings
	

The following information is collected by this software and is stored in the AirScout User Database per AirScout ID:

	- the unique AirScout ID [primary key]
	- call sign
	- latitude
	- longitude
	- a session key for message encryption
	- AirScout version
	- timestamp of last change (UTC)

The following information is collected by this software and is stored in the AirScout Location Database per user/station and band:

	- call sign
	- latitude
	- longitude
	- grid square
	- source of location information (UNKONWN = 0, FROMLOC = 1, FROMUSER = 2, FROMBESTCASEELEVATION = 3)
	- number of hits (how often this information was found on different reliable sources, e.g. quality of this location information)
	- timestamp of last change (UTC)
	- AirScout ID of reporting instance

The following information is collected by this software and is stored in the AirScout QRV Database per user/station and band:

	- call sign
	- grid square
	- band
	- antenna height
    - antenna gain
    - output power
	- timestamp of last change (UTC)
	- AirScout ID of reporting instance

The data are uploaded either at program startup or on user action. The transfer of the collected data is encrypted via or SSL and is sent to the AirScout web server to be stored in the server database.
All information is kept confidental and is used only to maintain the AirScout global station database and for statistical purposes. 
In case of any change and after successful review of the data an automatic update is redistributed to all AirScout local databases.
No further user tracking, analysis or advertisement is performed.

THE USER ACCEPTS THE FACT THAT HIS REQUEST FOR DELETING OF PERSONAL DATA DOES ONLY AFFECT THE AIRSCOUT GLOBAL DATABASE AND THAT HIS PERSONAL DATA MAY STILL EXIST IN ANY LOCAL DATABASE OF ANY OTHER AIRSCOUT USER.

The basis for this storage is Art. 6 Para. 1 lit. f) GDPR. My legitimate interest lies in the improvement, stability, functionality, and security of this software.



+++ LIABILITY DISCLAIMER +++

THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

You must agree to these terms and conditions to run AirScout.
To view complete license information please refer to "Options/Info".