ETEP Flights terms of use

Article 1 — Purpose and publisher

These terms govern the use of ETEP Flights (the "Service"), the online account service of ETEP's flight log analyzer, available at flights.etep.com.

The Service is published by Étude Technique en Électronique Professionnelle (ETEP), a French SARL with a share capital of €68,603, registered with the Toulon Trade and Companies Register under number 391 495 108, intra-EU VAT number FR24391495108, whose registered office is at ZAC des Bousquets, 380 rue de l'Initiative, 83390 Cuers, France ("ETEP").

The person who creates an account (the "Holder") accepts these terms by ticking the box provided for that purpose, before the account is created. The issue accepted and its date are kept with the account. These terms are available at any time at www.etep.com/terms/flights.

The flight log analyzer of www.etep.com remains usable without an account. It then reads the file in the browser, sends nothing to ETEP, and is not governed by these terms.

Article 2 — What the Service does

The Service allows the Holder to:

• keep their flights: the log recorded by the avionics of an aeroplane, a helicopter, a glider or a drone, and the summary the analyzer draws from it (times, airfields, flight time, landings, approaches, engine parameters, training exercises);
• keep the list of their aircraft, their crew, the maintenance of their aircraft, their licences and ratings and their due dates, and their drone missions;
• share their flights with an instructor, an organisation or through a read-only link (article 6);
• send their logs by e-mail to a personal import address;
• receive e-mails about due dates, if they turn them on;
• send suggestions to ETEP;
• complete their logbook (totals of a paper logbook, import from another logbook, lines typed) and put their photo or an avatar;
• within an organisation, book its aircraft and instructors, close the flights booked and keep the pilots' accounts, paid to the organisation or online (article 13);
• record a flight with the ETEP Flights application for Android and, if they choose, have it followed live by their organisations or through a private link (article 6);
• report the defects of an aircraft, assess the risk of a booked flight and fill in its checklist and its mass and balance;
• within an organisation, make and follow safety reports, read its announcements and documents and acknowledge them, follow their training (programme, lesson reports, competencies) and buy hour packages;
• connect their own software to their data, read only, with a personal access token (article 6).

The basic account is free, up to one (1) GB of stored logs and videos. Paid offers and organisations are covered by article 13.

Article 3 — Account and sign-in

Age. The Holder must be at least sixteen (16) years old, which they declare when creating their account. Below that age, the account is opened by a parent or by the training organisation, which answers for it.

Sign-in. The Service uses no password. The Holder signs in with a one-time code sent to their e-mail address. The security of the account therefore depends on that of their mailbox, which the Holder undertakes to protect. A session stays open thirty (30) days after the last visit, unless the Holder signs out.

One account per person. An account is personal. The Holder does not give a third party access to it: the sharing options of article 6 exist for that. They report to ETEP without delay any access they did not authorise.

Accuracy. The Holder can change their name and e-mail address on the Account page. The new address is confirmed by a code sent to it.

Article 4 — What the Service is not

The Service is a debriefing and management aid. In particular:

• it is neither a logbook nor a technical log, nor an official document;
• maintenance tracking replaces neither the manufacturer's or approved maintenance programme, nor the airworthiness documents, nor the opinion of a qualified mechanic;
• tracking of licences, ratings and recent experience replaces neither the licences and ratings themselves nor the regulations, which alone are authoritative;
• the automatic assessments (stabilised approaches or not, exceedances, exercises passed or not) are computed from the recorded data, with tolerances drawn from EASA or FAA standards. They depend on the quality of the recording and may be wrong. They are neither a check, nor the assessment of an instructor or examiner, nor an opinion on a pilot's fitness;
• the Service is not a flight data monitoring programme approved by an authority;
• the check of a pilot's licences and ratings against an aircraft, the forecast of the airfield and the crosswind shown in the planning are decision aids: they rest on the data entered and on third-party forecasts, may be wrong, and replace neither the pilot's documents, nor the regulations, nor the weather briefing of the flight;
• the risk assessment before a flight, the checklist, the mass and balance, the technical log, the flight time limits, the METAR and TAF and the lessons suggested are aids: they rest on data typed or supplied by third parties, may be wrong or incomplete, and replace neither the flight manual, nor the weighing report, nor the aircraft's documents, nor the weather briefing, nor the decision of the pilot in command;
• live following and the reporting of a flight not back are neither an alerting service nor a search and rescue service: the positions come from the pilot's phone and may be missing, wrong or late. In an emergency or in doubt, air traffic services or the emergency services (112) must be called;
• lesson reports and the competencies graded are those of the instructor and the organisation; they do not replace the training records that the regulations require of a training organisation;
• the Service must not be used to conduct a flight in progress.

Airworthiness, safety, training and fitness decisions remain those of the Holder, their instructor, their organisation and the persons designated by the regulations.

Article 5 — The Holder's content

Ownership. The Holder keeps all their rights in the logs, notes and other content they place in the Service (the "Content"). They grant ETEP, for as long as it remains there, the non-exclusive, free right to store it, copy it to its backups, read it with the analyzer and show it to the persons the Holder designates, for the sole purpose of providing the Service.

Re-reading. When the analyzer is improved, ETEP may read the stored logs again to recompute their summaries. This is automatic: nobody at ETEP reads the logs on that occasion.

Videos. The Holder may keep with a flight videos they have taken, set in step with the flight in the analyzer: four (4) at most per flight, of fifty (50) GB at most each, in the MP4, MOV, M4V or WebM formats. They count in the account's space. Before keeping a video in which other persons can be seen or heard (instructor, student, passengers), the Holder informs them and, where the law requires it, obtains their consent; the Holder holds ETEP harmless against any claim arising from a video kept without that information or consent. A video may contain radio exchanges with air traffic control: the Holder keeps it only for their own use (debriefing, training, flight safety) and shows it only to the persons provided for in article 6.

Encrypted DJI logs. To read an encrypted DJI log, the Service must ask DJI for the keys of that file. It does so only with the Holder's express consent, given when they first send such a log and withdrawable at any time on the Account page. Only the encrypted keys taken from the file go to DJI, with no position, no flight data and nothing from the account. DJI is established in China. Without that consent, these logs are refused.

What ETEP reads. ETEP does not consult the Content of an account, except:

• the flight attached to a suggestion, if the Holder allowed it, and for as long as that permission stands;
• where necessary to restore the Service after an incident, at the Holder's request, or to meet a legal obligation.

Refused files. The Service refuses the files of ETEP's flight test recorders and files in the IRIG 106 format, which belong in D.T.MUX Viewer. The Holder does not place in it:

• classified data, data subject to export controls or data covered by a confidentiality undertaking;
• data they have no right to process, in particular recordings of a flight in which they took part neither as a crew member nor as the operator or person responsible for the aircraft.

ETEP may remove manifestly unlawful Content reported to it, and informs the Holder.

Photo and avatar. The account's photo is of the Holder, and nobody else. It is seen by their instructors, their students and the members of their organisations. They may choose one of the Service's drawn avatars instead.

Article 6 — Sharing

The Holder alone decides to share their flights. Each share can be withdrawn at any time, and access ends at once.

Instructor. The student invites their instructor by e-mail, or the instructor invites their student; the invited person receives an e-mail, even without an account, and the invitation has effect only once they accept it. Once the invitation is accepted, the instructor sees all the student's flights: summaries, automatic assessments, notes, crew, log, videos and progress. They can comment on them. The student or the instructor can end this link. An invitation left unanswered is deleted after thirty (30) days.

Organisation. A member of an organisation (article 13) who flies an aircraft of its fleet links those flights to the organisation, which sees them according to each person's role:

• by default, the date and times of the flight, the airfields, the durations and the engine parameters, which serve maintenance;
• the detail of the flight (automatic assessments, notes, crew, comments, log and videos), only if the member has chosen so on their Account page;
• the end date of their licences and ratings, never their medical certificate.

A member who leaves the organisation is no longer visible to it.

Read-only link. The Holder can create a link to a flight, valid for one (1) or seven (7) days, or, with a paid offer or the trial (article 13), thirty (30) or ninety (90) days. Anyone who holds the link sees, without an account, the flight, its airfields, the position of its landings and its log, but not the notes, the crew, the comments or the videos. The Holder chooses whom they give it to.

The persons with whom the Holder shares their flights use them only for training, maintenance or flight safety, in accordance with these terms and, for an organisation, with the appended data processing agreement (article 10).

Live following. It is off by default. If the Holder turns it on, while the application records a flight, their position is sent every thirty (30) seconds and seen by the members of their organisations and, if they choose, by anyone who holds their private link. The positions are deleted after twenty-four (24) hours, and at once if the Holder stops sharing; a new link makes the old one unusable.

Access tokens. A token gives whoever holds it read-only access to the Holder's flights, logbook, aircraft, maintenance and licences. It is shown only once; the Holder keeps it like a password and deletes it as soon as it is no longer needed.

Article 7 — Persons named in the account

The Holder can name in their account persons who have no account: crew members, passengers, the remote pilot of a mission, a person who carried out maintenance. They undertake:

• to enter only what is useful to keep track of their flights;
• to enter in free notes no health data, and no other sensitive data, about these persons;
• to inform them, where required, that their name appears in their account.

The Holder can correct or delete this information at any time. A person named there can also contact ETEP (article 10), which passes the request on to the Holder or acts on it itself.

Article 8 — Use of the Service

The Holder shall not:

• send invitations to persons who do not expect them, or use the Service to send unsolicited messages;
• try to access other people's accounts, test the security of the Service without ETEP's written consent, or disrupt its operation;
• extract the Service or its data by automated means other than those it offers;
• place malicious code in the Service, or files unrelated to a flight.

Import address. The e-mail import address is personal: anyone who knows it can drop files into the account. The Holder keeps it to themselves, and renews it on the Account page if they think a third party knows it. The old one then stops working.

Limits. The Service applies size and rate limits, described in its documentation, to remain available to all.

In the event of a breach of these terms, ETEP may suspend the account after a formal notice by e-mail that has remained without effect for eight (8) days, or without notice if the breach endangers the security of the Service or the rights of third parties.

Article 9 — Availability and liability

The basic account is provided free of charge, as is, as an aid (article 4). ETEP provides it with care, without guaranteeing that it is available without interruption or free of errors. It may interrupt it for maintenance, giving notice in advance where possible.

ETEP backs up the Service every day (article 10). These backups are used only to restore it after an incident. The Holder keeps the original of their logs, and can export their whole account at any time from the Account page.

Videos are not part of these backups: they are kept in a single copy, with the versions replaced or deleted kept fourteen (14) days. The Holder keeps the original of their videos.

Holder's liability. The Holder alone is responsible for:

• the use they make of the Service;
• the Content they place and share in it;
• the decisions that they, or the persons with whom they share their flights, take on the basis of the summaries, assessments, due dates and e-mails of the Service.

They indemnify ETEP against any third-party claim arising from Content placed or shared in breach of these terms.

Exclusion of ETEP's liability. To the fullest extent permitted by law, ETEP is not liable for any damage, direct or indirect, resulting from the use of the Service or from the inability to use it. This includes in particular:

• a loss of data, including of a video;
• an error of the analyzer or of an automatic assessment, landing scores included;
• a due date or an alert not reported;
• a decision taken on the strength of the Service.

This exclusion does not apply in the event of gross negligence or wilful misconduct by ETEP, nor to personal injury, which the law does not allow to be excluded. ETEP's liability in respect of a paid offer is set by its terms of sale (article 13).

A Holder acting as a consumer keeps the rights that the law grants them on a mandatory basis; the exclusion above applies to them only to the extent permitted by law.

Article 10 — Personal data

ETEP processes the account data as controller, in accordance with the "ETEP Flights" section of its privacy policy (www.etep.com/privacy). It describes the data processed, its recipients, its retention periods and how to exercise one's rights.

For the data that an organisation has processed in the Service about its members and fleet, ETEP acts as the organisation's processor, under the data processing agreement appended to these terms, which the organisation accepts when it is created.

Article 11 — Duration, deletion of the account and end of the Service

The account lasts until it is deleted.

By the Holder. The Holder can delete their account at any time from the Account page. Their flights, logs and other Content are then deleted from the Service at once, and disappear from the backups within ninety (90) days. A running subscription is stopped.

Inactivity. An account without sign-in for twenty-four (24) months is deleted, after a warning e-mail sent one (1) month before. A sign-in is enough to keep it. An account whose paid offer is running is not concerned.

End of the Service. If ETEP stops providing the Service, it informs the Holders by e-mail at least three (3) months in advance, so that they can export their accounts.

Article 12 — Changes to the Service

ETEP may change the Service: add, modify or withdraw functions, or log formats. It informs the Holders by e-mail at least thirty (30) days in advance of the withdrawal of a function they use.

Article 13 — Paid offers, trial, referral and organisations

Paid offers (extended storage, organisations) are sold under separate terms of sale, accepted at subscription. They supplement these terms.

Free account and paid offers. The free account has one (1) GB for logs and videos. The paid offers give ten (10) or one hundred (100) GB and open certain functions: read-only links of thirty (30) and ninety (90) days, printing of the reports in PDF, video clips. Exporting the whole account remains free.

Trial. The first video kept in an account opens, once only, thirty (30) days of the ten (10) GB offer, without a means of payment and without renewal. At the end of the trial the account returns to the free account: nothing is deleted, but beyond the free space the Holder can no longer add anything. Organisations remain reserved to the paid offers.

Referral. Each account has a referral link. When a person who opened their account through that link keeps their first flight in it, the referring account receives five hundred (500) MB of additional space, up to five (5) GB. This space has no monetary value and cannot be exchanged or transferred. The referrer does not learn who they referred. ETEP may withdraw space obtained through accounts opened for the sole purpose of obtaining it.

At the end of a paid offer or of the trial, nothing is deleted because of that end. A Holder who then exceeds the space of the free account can no longer send logs or videos, and an organisation can no longer invite members, until a new subscription.

Planning and accounts of organisations. An organisation may keep in the Service the planning of its aircraft and instructors, and its pilots' accounts: its prices, the debits of the flights closed, the payments and the fees. The organisation sets its prices, collects the sums its members owe and answers for its accounts to them; ETEP provides the tool and is party to none of these operations. No entry is deleted: an error is corrected by an opposite entry.

Online payments of organisations. An organisation may let its members top up their account by card. It opens for this its own account with Stripe (Stripe Payments Europe, Ltd.), whose terms it accepts when it signs up. Payments are made to the organisation, on that account, and paid out by Stripe to its bank account: ETEP neither receives nor holds the funds. In return for this service, ETEP receives a commission of one and a half per cent (1.5%) of each payment, taken by Stripe at the time of payment; Stripe's fees are also borne by the organisation. No surcharge is asked of the paying member. The organisation handles refunds and disputes from its Stripe account and answers for them to its members. ETEP may change the commission under article 15; a change applies only to payments made after it.

Article 14 — Intellectual property

The Service, the analyzer and their content (texts, software, trademarks, logos) belong to ETEP or its licensors. The Holder receives only the right to use them in accordance with these terms.

Base maps are provided by third parties, with the Holder's consent, under their own terms: data © OpenStreetMap contributors; EOxCloudless 2016 imagery by EOX IT Services GmbH (contains modified Copernicus Sentinel data 2016), under the CC BY 4.0 licence. The weather forecasts of the planning are provided by MET Norway (Norwegian Meteorological Institute), under the CC BY 4.0 licence.

Article 15 — Changes to these terms

ETEP may change these terms. The amended terms are notified to the Holder by e-mail at least thirty (30) days before they take effect. A Holder who does not accept them can delete their account before that date. Otherwise, they accept them at their next sign-in, by ticking the box provided.

Article 16 — Governing law and disputes

These terms are governed by French law. The French version prevails; the English version is provided as a translation.

Any dispute with a professional Holder falls within the exclusive jurisdiction of the Commercial Court of Toulon.

A Holder who is a consumer keeps the benefit of the rules of jurisdiction and mandatory provisions that protect them. After a written complaint to ETEP (flights@etep.com) that has not been resolved, they may refer the dispute free of charge to the consumer mediator ETEP belongs to: CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice), 49 rue de Ponthieu, 75008 Paris, France, www.cm2c.net, online on that site or by post to that address.

Article 1 — Purpose and parties

This agreement sets the conditions under which ETEP (Étude Technique en Électronique Professionnelle, SARL, Toulon Trade and Companies Register 391 495 108, ZAC des Bousquets, 380 rue de l'Initiative, 83390 Cuers, France) processes personal data on behalf of an organisation created in ETEP Flights (the "Organisation"), in accordance with article 28 of Regulation (EU) 2016/679 ("GDPR").

The Organisation is the school, club, operator or other entity in whose name the holder of a paid offer creates the organisation (the "Owner"). The Owner declares that they have the power to bind the Organisation. They accept this agreement by ticking the box provided for that purpose when the organisation is created.

Article 2 — Roles

• For the data it has processed in ETEP Flights about its members and fleet (annex 1), the Organisation is the controller and ETEP its processor.
• Each member keeps their own ETEP Flights account, of which ETEP is the controller. A member's flights reach the Organisation only to the extent provided in article 6 of the terms of use and chosen by the member.
• A member who leaves the Organisation is no longer visible to it. In the Service, the Organisation keeps only the data it has entered itself: its fleet, the maintenance of its fleet and its history.

Article 3 — Instructions

ETEP processes the data only on the documented instructions of the Organisation. These instructions consist of this agreement, the terms of use and the Organisation's use of the functions of the Service: invitations, roles, fleet, maintenance.

If ETEP considers that an instruction infringes the GDPR or another provision of Union or Member State law, it informs the Organisation without delay. It may then suspend the execution of the instruction concerned.

ETEP does not process the data for any other purpose. It processes them outside these instructions only if Union or French law requires it to; in that case, it informs the Organisation before the processing, unless that law forbids it.

Article 4 — Confidentiality

ETEP ensures that the persons authorised to process the data have committed themselves to confidentiality or are under a statutory obligation of confidentiality. It limits access to the data to the administrators of the Service, for the needs of its operation.

Article 5 — Security

ETEP implements the technical and organisational measures described in annex 2, appropriate to ensure a level of security suited to the risk (article 32 GDPR). It may change them, without ever lowering their overall level.

Article 6 — Sub-processors

The Organisation gives ETEP a general authorisation to engage the sub-processors listed in annex 3.

ETEP informs the Organisation by e-mail of any intended addition or replacement at least thirty (30) days in advance. The Organisation may object on reasonable grounds related to data protection. If no solution is found, it may close the organisation; the unused part of its paid offer is then refunded.

ETEP imposes on each sub-processor, by contract, data protection obligations equivalent to those of this agreement. It remains liable to the Organisation for their performance.

Article 7 — Transfers outside the European Union

The data processed on behalf of the Organisation remain in the European Union. Encrypted DJI logs are read only with the express consent of the member who sends them, from their own account, and fall under that account. The same applies to base maps, which each user's browser requests after their own choice.

Article 8 — Assistance to the Organisation

Data subjects' rights. The Service allows the Organisation to answer its members' requests itself:

• consult the list of members and their roles;
• remove a member;
• correct or delete an aircraft of the fleet, a maintenance item or an entry in its history.

ETEP passes on to the Organisation without delay any request it receives directly about these data. It helps it to answer as far as possible. A request about the member's own account is handled by ETEP, as controller.

Other obligations. ETEP helps the Organisation, taking into account the information available to it, to ensure compliance with articles 32 to 36 GDPR. In particular, it provides the summary of its own impact assessment on request.

Article 9 — Personal data breach

ETEP notifies the Organisation of any personal data breach concerning it without undue delay and at the latest forty-eight (48) hours after becoming aware of it. The notification is sent by e-mail to the Owner. It contains, as far as possible:

• the nature of the breach;
• the categories and approximate number of data subjects and records concerned;
• its likely consequences;
• the measures taken or proposed to address it and mitigate its effects;
• a contact at ETEP.

Information not yet available is sent as soon as it is. It is for the Organisation to notify the supervisory authority and, where applicable, the data subjects. ETEP helps it to do so.

Article 10 — Return and deletion of the data

When the organisation is deleted, by the Owner, by the deletion of their account or at the end of the agreement:

• memberships and invitations are deleted;
• the aircraft leave the fleet and remain in the Owner's account, with their maintenance;
• each member keeps their own account.

Before the deletion, the Owner can export their account, which includes the fleet and its maintenance. Deleted data disappear from ETEP's backups at the latest ninety (90) days later, unless a legal retention obligation applies.

Article 11 — Documentation and audit

ETEP makes available to the Organisation, on request, the information necessary to demonstrate compliance with this agreement: description of the security measures, list of sub-processors, summary of the impact assessment.

The Organisation may have an audit carried out under the following conditions:

• at most once a year, except after a personal data breach;
• at its own expense, with thirty (30) days' written notice;
• by an independent auditor bound by secrecy, who is not a competitor of ETEP;
• without access to the data of the other users of the Service.

Article 12 — Commitments of the Organisation

The Organisation undertakes:

1. to have a legal basis for the processing it has carried out, and to inform its members, before inviting them, of what it sees of their flights and their licences and ratings and of the use it makes of them;
2. to respect each member's choice about the detail of their flights. It does not require a member to show it, unless a regulatory or contractual obligation of the Organisation justifies it, and then informs the member in writing;
3. to base no decision concerning a member (disciplinary, assessment, employment or release) on the automatic assessments alone of the Service. These assessments are a debriefing aid. They replace neither the judgement of an instructor or examiner, nor the Organisation's regulatory procedures;
4. where it is the employer of members, to inform its employees and, where applicable, to consult its works council before deploying the Service, as for any tool that allows their activity to be monitored;
5. to invite only persons who have a link with it, and to remove without delay those who no longer have one;
6. not to seek to obtain from a member data that the Service withholds from it, in particular their medical certificate.

Article 13 — Liability

Each party is liable for its own breaches of the GDPR towards data subjects, under article 82 GDPR. Between the parties, ETEP's liability under this agreement is subject to the limits set by the terms of sale of the Owner's paid offer. These limits do not apply in the event of gross negligence or wilful misconduct, nor to penalties that an authority would impose because of ETEP alone.

Article 14 — Duration, precedence and governing law

This agreement takes effect when the organisation is created. It lasts as long as the organisation exists, then until the deletion of the data provided in article 10.

In the event of a contradiction on data protection, it prevails over the terms of use and over the terms of sale.

It is governed by French law. Any dispute falls within the exclusive jurisdiction of the Commercial Court of Toulon, subject to the mandatory rules that protect a non-professional Organisation.

Annex 1 — Description of the processing

Annex 2 — Security measures

• Access: sign-in with a one-time code sent by e-mail, of which only a fingerprint is kept; sessions identified by a token of which only a fingerprint is kept, secure cookie (__Host-, HttpOnly, SameSite=Strict); rights by role in the Organisation.
• Exchanges: HTTPS; strict content security policy; checking of the origin of requests; rate limits.
• Storage: flight logs and attachments encrypted (AES-256-GCM) on the server and in the backups; encryption keys kept out of the backups; database reached through a local connection, without network access.
• Server: dedicated instance in France; firewall; administration by SSH key, from ETEP's addresses only; security updates.
• Reading of files: in separate tasks, limited in time and memory; unrecognised formats refused.
• Continuity: daily backups (14 days on the server, 60 days on ETEP's storage server, 90 versions at Scaleway, encrypted before sending); alert when the disk exceeds 80%; health check of the Service.
• Logs: technical log without e-mail address or token, 90 days; web server log, 90 days.
• Organisation: access to the data restricted to the administrators of the Service; impact assessment kept up to date.

Annex 3 — Authorised sub-processors