Privacy Policy

Last updated: October 12, 2022

Fly NYON, LLC (“us”, “we”, “our,” or the Company) respect your privacy and are committed to protecting it through our compliance with this policy (the, “Privacy Policy”).  This policy describes the types of information we may collect from you or that you may provide when you visit the website https://www.FlyNYON.com (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.  This policy applies to information we collect on this Website and in email, text, and other electronic messages between you and this Website.  It does not apply to information collected by us offline or through any other means, including on any other website operated by Company or any third party including our affiliates and subsidiaries.

Please read the Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to the Privacy Policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

We will not use or share your information with anyone except as described in this Privacy Policy.  We use your Personal Information (defined below) for providing and improving the Website.  By using the Website, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at https://www.flynyon.com/terms-conditions/.

Information Collection And Use

While using our Website, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, postal address (“Personal Information”).  The information we collect on or through our Website may also include details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.

We collect Personal Information from you when: (i) registering an account through our Website, including your‎ name, email address, and phone number; (ii) reserving an experience using our Website, including your credit card information (credit card name, number, expiration date, CVC code, and postal code); (iii) purchasing an experience using our Website, including passenger name; (iv) participating in promotions we run on the Website; (v) reporting a problem with our Website or when we provide you with customer support; and (vi) corresponding with us through the Website or by phone, email or otherwise.

We may also receive Personal Information about you from the following third-party sources: (i) our affiliates and partners who you have agreed to share information with; (ii) third-parties you may have asked to book or to make an enquiry on your behalf using our Website; (iii) software telling us how you engage with our Website; (iv) data specialists providing us with insights about our members, based on their own aggregated data sets; and (v) government and law enforcement authorities providing us with personal identification and background information when they are involved in official inquiries.

We use information that we collect about you or that you provide to us, including any personal information: (i) to present our Website and its contents to you; (ii) to provide you with information, products, or services that you request from us; (iii) to fulfill any other purpose for which you provide it; (iv) to provide you with notices about your account and/or subscription, including expiration and renewal notices; (v) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; (vi) to notify you about changes to our Website or any products or services we offer or provide through it; (vii) in any other way we may describe when you provide the information; and (viii) for any other purpose with your consent.

Log Data

We may also collect information that your browser sends whenever you visit our Website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages and other statistics.

In addition, we may use third-party services, such as Google Analytics, that collect, monitor and analyze this type of information in order to increase our Website’s functionality.

These third-parties may use cookies to help us analyze how our users are using the Website and they have their own Privacy Policies addressing how they use such information.

Google Analytics

Google Analytics service is provided by Google Inc.

You can opt-out from Google Analytics service from using your information by installing the Google Analytics Opt-out Browser tool:  https://tools.google.com/dlpage/gaoptout 

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://www.google.com/policies/privacy/

Cookies

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and transferred to your device. We use cookies to collect information in order to improve our services for you.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.  Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com.uk.

If you do not accept cookies, you may not be able to use some features of our Website and we recommend that you leave them turned on.

Behavioral Remarketing

FlyNYON, LLC uses remarketing services to advertise on third-party web sites to you after you visited our Website. We, and our third-party vendors, use cookies to inform, optimize and serve ads based on your past visits to our Website.

Perfect Audience

Perfect Audience remarketing service is provided by NowSpots Inc.

You can opt-out of Perfect Audience remarketing by visiting these pages: Platform Opt-out (https://pixel.prfct.co/coo) and Partner Opt-out (https://ib.adnxs.com/optout).

For more information on the privacy practices of Perfect Audience, please visit the Perfect Audience Privacy Policy & Opt-out web page: https://www.perfectaudience.com/privacy/index.html

Service Providers

We may employ third-party companies and individuals to facilitate our Website, to provide the Website on our behalf, to perform Website-related services and/or to assist us in analyzing how our Website is used.

These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.

Security

The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.

However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.

International Transfer

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links To Other Sites

Our Website may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third-party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Children’s Privacy

Only persons age 18 or older have permission to access our Website. Our Website does not address anyone under the age of 16 (“Children”).

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in the Privacy Policy:

• To our affiliates.
• To contractors, service providers, and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.  In such cases, we will provide notice before your Personal Information is transferred and/or becomes subject to a different Privacy Policy.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your Personal Information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms & Conditions (https://www.flynyon.com/terms-conditions/) and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. We support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.  You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
• Promotional Offers from the Company. We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah may have additional personal information rights and choices.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page (https://www.flynyon.com/account/).

You may also send us an email at support@flynyon.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Residents of certain states, such as California, Nevada, Colorado, Virginia, and Utah may have additional personal information rights and choices, which are discussed below.

Changes To This Privacy Policy

This Privacy Policy is effective as of October 12, 2022 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Website after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

Contact Us

If you have any questions about this Privacy Policy, please contact us by:

• Visiting: https://www.flynyon.com/contact/ 
• Calling: 1-855-696-6247
• Emailing: support@flynyon.com 

IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS

This Privacy Policy for California Residents supplements the information contained above and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Policy.

• Information We Collect.  We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include: (i) publicly available information from government records; or (ii) deidentified or aggregated consumer information.  In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
  

We obtain the categories of personal information listed above from the following categories of sources; (i) directly from you. For example, from forms you complete or products and services you purchase; or (ii) indirectly from you. For example, from observing your actions on our Website.

• Use of Personal Information.  We may use or disclose the personal information we collect for one or more of the following purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase an experience, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
• To provide, support, personalize, and develop our Website, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Website and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

• Sharing Personal Information.  We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, Company has disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.  We do not sell personal information.

• Your Rights and Choices.  The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
  

• Right to Know and Data Portability.  You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity (see “Exercising Your Rights to Know or Delete” below), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
• sales, identifying the personal information categories that each category of recipient purchased; and
• disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
• The specific pieces of personal information we collected about you (also called a data portability request).
  

• Right to Delete. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity (see “Exercising Your Rights to Know or Delete” below), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

• Exercising Your Right to Know or Delete. To exercise your rights to know or delete described above, please submit a request by either:

• Visiting: https://www.flynyon.com/contact/ 
• Calling: 1-855-696-6247
• Emailing: support@flynyon.com

We will need to confirm your identity and California residency to process your requests to exercise your information, access or deletion rights. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.  Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.  We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

• Response Timing and Format.  

• We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact info@flynyon.com.
• We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.
• If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
• Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
• We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

• Opt-in. If we know that you are younger than 16 years old, we will ask for your permission (or if you are younger than 13 years old, your parent’s or guardian’s permission) to sell your Personal Information before we do so.
  
• Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

IMPORTANT INFORMATION FOR COLORADO, CONNECTICUT, NEVADA, VIRGINIA, AND UTAH RESIDENTS

This Privacy Policy for Certain Residents supplements the information contained above and applies solely to all visitors, users, and others who reside in Colorado, Connecticut, Nevada, Virginia, and Utah.

• Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to: (i) confirm whether we process their personal information; (ii) access and delete certain personal information; (iii) data portability; and (iv) opt-out of personal data processing for targeted advertising and sales.
• Colorado, Connecticut, and Virginia also provide their state residents with rights to: (i) correct inaccuracies in their personal information, taking into account the information's nature processing purpose; and (ii) opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights please email support@flynyon.com and include “Privacy Policy Consumer Rights Request” in the subject line.  To appeal a decision regarding a consumer rights request email support@flynyon.com and include “Privacy Policy Consumer Rights Request Appeal” in the subject line.

• Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to support@flynyon.com and include “Privacy Policy Opt-Out” in the subject line.  However, please know we do not currently sell data triggering that statute's opt-out requirements.

IMPORTANT INFORMATION FOR EUROPEAN RESIDENTS

This Privacy Policy for European Union Residents supplements the information contained above and applies solely to all visitors, users, and others who reside in the European Union (“EU”), including those based in the United Kingdom ("consumers" or "you").  Under the General Data Protection Regulation ("GDPR"), if you are an EU resident and we are processing your personal information, you have the following rights:

• Right of access. You have the right to request a copy of the information that we hold about you.

• Right of rectification. You have the right to have information that we hold about you that is inaccurate or incomplete corrected.
  
• Right to be forgotten. In certain limited circumstances, you have the right to request that we erase from our records the information that we hold about you.
  
• Right to restriction of processing. In certain limited circumstances, you have the right to restrict the processing of your information.
  
• Right to withdraw consent. If you have provided consent for the processing of your information you have the right (in certain circumstances) to withdraw that consent at any time which will not affect the lawfulness of the processing before your consent was withdrawn.
  
• Right of portability. In certain limited circumstances, you have the right to have the information we hold about you transferred to another organization.
  
• Right to object. You have the right to object to certain types of processing of your information such as direct marketing (to the extent applicable).
  
• Right to object to automated processing, including profiling. You have the right to not be subject to the legal effects of automated processing or profiling (to the extent applicable).
  
• Right to lodge a complaint. You have the right to lodge a complaint to your country's data protection authority if you believe that we have not complied with the requirements of the GDPR with regard to your personal information.  You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

In regard to European residents, we do not knowingly or intentionally solicit data from or market to children under the age of 16. If you are a parent or guardian and become aware that your child has provided us information without your consent, please contact us at support@flynyon.com to request that we delete such information. We will delete such information from our files within a reasonable amount of time from your request.

Please be advised that when placing an online order through the Website, your personal data will be protected in accordance with United States law, which may not require the same level of protection as is legally required in the EU.