Whispertrack Terms of Use

About our terms of use

Welcome to Whispertrack. We developed this service (the “Service”) to make it easy for airports, flight planning service providers, and pilots to manage, distribute, and understand noise abatement procedures in the most effective and efficient way possible. We have tried to draft these Terms of Use to be readable to people like us. Unfortunately, the realities of the legal world make it a very difficult task. So, should you have any questions or concerns or would simply like to better understand how we do things at Whispertrack, please do not hesitate to contact us. Below is a quick description of the sections in this Agreement, but you should read each section to understand all the detailed terms of the agreement.

The Whispertrack Service

Aircraft noise is one of the greatest threats to aviation. Whispertrack is in the business of lowering the cost and increasing the effectiveness of airport noise abatement procedures. For airports, we provide a powerful online service to create, manage, store and distribute airport noise abatement procedures. For pilots, our service provides an absolutely critical function: we standardize and centralize the world's noise abatement procedures, thereby allowing us to automatically insert your procedures into any flight planning/dispatch service and on to any electronic flight deck platform. Never before have airports had such control over getting data they manage directly into the cockpit, in near real time.

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Getting a Whispertrack Account

Getting a Whispertrack account is easy and only requires a name and email address. Only airport managers and their official delegates (airport noise offices, consultants, etc) can have a Whispertrack account. Whispertrack verifies all accounts when submitted to ensure system integrity.

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Your Personal Information

We will only use your personal information for the purposes of fulfilling the services you subscribe to. We will not sell your personal information. We will only provide your personal information to a 3rd party with your express consent and at your request.

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Termination

Whispertrack does not "own" your data, you do. Whispertrack is a month-to-month subscription and you can terminate the service at any time. The concepts of cancellation fees, early termination penalties, etc are simply wrong and do not exist at Whispertrack. Of course, We can terminate the agreement if you do not fulfill your part of the agreement. However, Whispertrack will provide you time to remove data you have placed on our servers so you do not lose any information. Your data is yours to keep and we will help to ensure all data is transferred such that your work is not lost.

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1. About Our Terms of Use  

Welcome to Whispertrack. We developed this service to provide airports, pilots, operators, and flight planning providers more effective management and more efficient distribution of noise abatement procedures. Whispertrack does not create or modify data entered by its users. We provide tools to standardize and manage noise abatement procedures online. We provide systematic distribution capability to get noise abatement procedures to the end users (pilots).

For airports: Whispertrack provides an online dashboard (“Whispertrack Dashboard”) for airports to create, maintain, and manage their noise abatement procedures.

For pilots: Whispertrack provides pilots the ability to view standardized noise abatement procedures (www.whispertrack.com, and, in the Pro version, Whisperplates)

For flight planning/dispatch/airport information services/tools: Whispertrack provides the ability to integrate standardized noise abatement procedures into a wide variety of products and services. This could be, for example, a direct database connection with a large dispatch service, or could be a data feed directly into cockpit information systems (FMS, portable navigator, iPad, tablet, etc).


2. Getting a Whispertrack Account  

Only representatives authorized by an airport can sign up for a Whispertrack account. If you are an authorized representative of your airport you will be required to provide us with basic information about yourself (email address, name, and an account password) and about your organiization then we will give you access to our service. Users will be given the option to sign up as individuals or on behalf of thier airport organization.


3. Signing up for Whispertrack Basic (“Basic Service”)

After setting up a Whispertrack account you can associate your account with one or more airports for which you are authorized to create, modify, and manage noise abatement procedure data. In order to ensure system integrity for all users, we reserve the right to verify your stated authority. Basic Service provides you:
• Unlimited use of the Whispertrack Dashboard to create, update, and manage noise abatement procedures online.
• Unlimited distribution of your noise abatement procedures through whispertrack.com website
• Unlimited links from your airport website directly to your Whispertrack page
• Unlimited delegation of procedure management to other users

Basic Service is quite powerful and totally free.


4. Signing up For Whispertrack Professional (“Pro Service”)

After becoming a Basic Service member you can upgrade to Pro Service at any time. Pro Service provides you:
• All Basic Service Features
• Unlimited download of Whisperplates for FBOs, pilots and operators (print on demand solution)
• Unlimited download of Whisperplates for airports
• Unlimited distribution of noise abatement procedures through Whispertrack distribution partners (constantly updated as partners join the Whispertrack Network)

Pro Service is a subscription service that is paid monthly by credit/purchasing card per airport signed up for the Pro Service. The monthly fee is agreed to when signing up for Pro Service and you will be notified at least 60 days in advance of any fee change for the Pro Service. The credit card used to sign up for Pro Service will be billed monthly by Whispertrack unless Pro Service is terminated in accordance with paragraph 8 of these Terms of Use. Alternate payment arrangements may be made if a credit card is not acceptable, however, due to increased cost and reduced transactional security to the airport and Whispertrack, non-credit card transactions are discouraged.


5. Whispertrack Use of Data Entered By Airports

You own the data you enter on Whispertrack and therefore you tell us when to distribute the data. When you have the ‘Publish’ set to ‘OFF’ your data will not be visible to the public. When you have the ‘Publish’ set to ‘ON’ we will distribute your noise abatement procedures only as necessary to fulfill the service you have subscribed to (Basic or Pro)


6. Terms of Distribution: Flight Planning/Dispatch Service and/or Airport Information Providers and Distributors

You may use Whispertrack.com and noise abatement procedures on Whispertrack servers only to distribute noise abatement procedures to your users and customers under the following terms:

1. Data obtained from Whispertrack may NOT be resold in any way or form without express written permission from Whispertrack.
2. Noise Abatement Procedures from Whispertrack.com or Whispertrack servers must be provided as part of an existing service offering or bundled with a service of other data products with no specific charge for Whispertrack data
3. You agree not to change Whispertrack data in any way prior to providing to your users.
4. You may not alter noise abatement procedures from Whispertrack.com other than as necessary to reformat for production on your distribution platform


7. Use of Your Personal Information  

Whispertrack does not give user information to any 3rd party except as necessary to fulfill the Basic Service or Pro Service. Alternatively, you may request in writing that we share your information with whomever you deem necessary.

Because our business depends on it, Whispertrack will take every measure possible to ensure the security of your data. However, the most common breach of online security is not a technical one, rather it is a breach of user password due to poor password selection/management by users. Your user ID and password are managed by you and as such Whispertrack is not responsible for the security and privacy of your user id and password. By using Whispertrack all users agree, to the extent permitted by law, to hold harmless Whispertrack for any breach caused by your user id and passwords being used by a 3rd party with or without your knowledge. Users should educate themselves on how to select a strong password or, better, a passphrase. Multiple online sources exist that can help in this process.


8. Termination of Services  

Unlike with many companies, terminating Whispertrack service is easy. To terminate Basic Service or Pro Service email info@whispertrack.com or call Whispertrack at 866-578-2033 to request a termination of the service. Termination will be effective promptly upon request.

If you do not comply with these Terms of Use Whispertrack may terminate your user account with a 30 day notification of termination of service.

Upon termination of services, Whispertrack will immediately remove from public view all data entered by you and will leave access to you for 30 days beyond the termination date for the purpose of copying any data you require off of Whispertrack servers. After 30 days any data you have stored on Whispertrack.com will be deleted unless a separate agreement is made with Whispertrack prior to the termination date.

Whispertrack will refund a prorated portion of service fees (if any) for portions of the service not used but already paid for unless a separate contract was executed for a term of use. Any portion of service fees paid for service dates already used will not be refunded.


9. Changes to Services

Whispertrack may modify its Basic Service, Pro Service, and distribution tools (XML, API, etc…) from time to time to improve the services for all users. We will not give notification of any changes to Basic Service users.

We will give notification of any changes that would result in reduced access or distribution to Pro Service users no later than 15 days prior to implementation of the changes.

Basic Service and Pro Service users may terminate at any time if they are unhappy with changes to the service by following section 8 of these Terms of Use.


10. Limitation of Liability

Since Whispertrack does not create or modify user data, it is the user who assumes all liability for the use of www.whispertrack.com, Whisperplates, or Whispertrack. By using www.whispertrack.com, Whisperplates, or data stored on Whispertrack servers all users agree, to the xtent permitted by law, to hold Whispertrack harmless from any damages caused by the use of Whispertrack services and data.

By signing up for Basic Service or Pro Service users agree, to the extent permitted by law, to hold Whispertrack harmless from any damages caused by the loss of any personal data or account information entered by their authorized representatives caused by an insecure password or one of the authorized users of Whispertrack logging in on the user’s behalf as provided under section 7 of the Terms of Use.

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