- Accountability – Galaxy 1 is responsible for a customer’s personal information collected, used, retained and disclosed by the organization and shall designate an individual or individuals who are accountable for the organization’s compliance with the following principles.
- Identifying Purposes for Collection of Personal Information– Galaxy 1 will identify the purposes for which personal information is collected at or before the time the information is collected.
- Obtaining Consent for Collection, Use or Disclosure of Personal Information – Galaxy 1 will obtain the consent of customers for the collection, use, or disclosure of personal information, except in special circumstances, such as in the case of an emergency.
- Limiting Collection of Personal Information – Galaxy 1 will limit the collection of personal information to that which is necessary for the purposes identified. Personal information will be collected by fair and lawful means.
- Limiting Use, Disclosure and Retention of Personal Information – Galaxy 1 will not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information will be retained only as long as necessary for the fulfillment of those purposes.
- Accuracy of Personal Information – Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
- Security Safeguards – Galaxy 1 will protect personal information by security safeguardsappropriate to the sensitivity of the information.
- Openness Relating to Policies and Practices – Galaxy 1 will make readily available to customers specific information about its policies and practices relating to the management of personal information.
- Access to Personal Information – Upon request, Galaxy 1 shall inform a customer of the existence, use, and disclosure of his or her personal information and shall grant that individual access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
- Challenging Compliance – A customer shall be able to address a challenge concerning compliance with the above principles to the designated individual or individuals accountable for the organization’s compliance with its privacy policies.
Collecting Your Personal Information
Personal information is information about an identifiable individual. At Galaxy 1, we will only collect personal information from you and about you that will enable us to establish and maintain a business relationship with you for the provision of products and services. This requires that we collect personal information from you or about you, such as your name, address, telephone number, fax number, e-mail address, credit card information, employment information, date of birth, credit bureau reports, reports from other credit references provided by you, banking information, physical location of your satellite terminal. As well, in cases where your service subscription relates to maritime or aero usage, we will also request information from you and about you such as the name, address, telephone number, fax number, and e-mail address of an emergency contact; the name, call sign, country of registry, type and MMSI of your vessel; details of your radio licenses; and, tail number, country of registry, manufacturer, model and fuselage/airframe number of your aircraft. For credit research purposes, we also request your SIN or social security number, though your provision of this information is optional.
Additionally, to ensure our ability to optimally serve you, we collect information relating to your products and services, usage, billing records, payment history and demographic information.
Collecting Information Helps Us Serve You Better
With your consent, Galaxy 1 may use your personal information for a variety of purposes, such as:
- To establish and maintain responsible customer relationships, including keeping records of the relationship in order to facilitate timely and accurate invoicing and to administer our billing and accounting systems;
- To answer any billing, account or technical enquiries from our customer base;
- To activate, de-activate, suspend, un-suspend, bar or un-bar your satellite terminal;
- To establish and maintain supplier relationships to support the acquisition of communications products and services required for the delivery and provision of Galaxy 1′ products and services;
- To deliver products to our customers;
- To make credit approvals and related practices such as monitoring customer payment histories, evaluating customer credit standing and exchanging credit information with credit reporting agencies and bureaus as required;
- To measure and improve the effectiveness of our web sites or marketing efforts;
- To communicate with our customers about additional Galaxy 1 products and services that may be of interest to them or to send other special interest customer communications;
- To research and develop new products, services or programs to better serve the needs of our customers; and,
- To meet legal and regulatory requirements.
For statistical purposes, we may also collect and use summarized customer information in a format that no longer identifies an individual or individuals (‘Aggregate Information’). Galaxy 1 reserves the right to use this Aggregate Information in any way it deems appropriate.
We Need Your Consent
We seek your consent to use, collect, and disclose your personal information. This consent, while typically in writing via the application forms we use for such things as activating services or establishing credit, may be oral or written, express or implied.
Please note that if you do not consent to providing certain information, such as credit information, details requested on our activation forms, or a billing address, we may not be able to provide you with the product or service that you desire.
Disclosing Your Personal Information Amongst Galaxy 1′ Affiliates
In order to effectively and efficiently continue operations, personal information that you provide to Galaxy 1 affiliate is shared amongst other Galaxy 1 affiliates.
Disclosing Your Personal Information to Third Parties
It is our policy to not share personal information outside Galaxy 1. However, there are instances where we are reasonably required to share your information with a third party. Such third parties include:
- Other communications service providers or commissioning entities, in order to provide efficient and effective communication services (e.g., to terminate a satellite call on a terrestrial line or to activate, de-activate, suspend, un-suspend, bar or un-bar service on your satellite terminal);
- Delivery companies, in order to deliver our products to our customers;
- Credit card companies, in order to validate and process a credit card transaction;
- Credit bureaus and credit references that you provide in order to responsibly manage our credit relationship with you;
- Information Technology or other professional consultants in order to improve our systems and processes;
- Other companies and professional advisors in conjunction with an amalgamation or sale of corporate assets or interests; and,
- As may otherwise be required by local and foreign law, as applicable.
We will use reasonable efforts, using contractual or other arrangements, to ensure that third parties use your personal information in a manner that is consistent with this policy. Should you not wish us to disclose your personal information to these third parties, we may be unable to process your application or transaction, communicate with you about products that may be of interest to you, or provide other benefits.
As well, there are special circumstances where we may disclose your personal information without your consent or knowledge. These situations include where information is forwarded to a collection agency for the collection of past due bills, where it would be reasonably in the best interest of an individual but where consent cannot be obtained in a timely manner; where the life, health or security of an individual is threatened or otherwise at risk; where the purpose is related to the detection or prevention of fraud or for law enforcement; where disclosure is to our legal counsel; or as may otherwise be required by law.
Our Commitment to Maintaining Your Privacy
We take all necessary precautions to safeguard the privacy of your personal information, whether it is stored electronically or in paper format. Your information is maintained in secure facilities, protected from unauthorized access, and retained only as long as is reasonably required. Electronic files are backed up for redundancy and password protected to ensure access only by authorized employees. Although we cannot take responsibility for any theft, misuse, unauthorized disclosure, loss, alteration or destruction of data by a third party, we take reasonable precautions to prevent such unfortunate occurrences.
Access to Personal Information
It is our policy to provide our customers with access to their personal information upon request. However, please note that access to information may be restricted, for example, where it contains proprietary information or personal information relating to another individual. In these cases, we will make every effort to sever your information from the restricted information or we will advise you of the reasons for restricting access, as well as any costs that may be involved in responding to your request for access.
Should you notify us of outdated or incorrect information, we will make the appropriate changes as quickly as possible.
How Can I Contact Galaxy 1?
Should you have any questions, concerns or complaints about our privacy policies, please contact:
Tiffany Murphy [email protected]
We will respond to your request or investigate your concern as quickly as possible.
To accommodate changes in our business, products, services, technology, and legal developments, we may add, change, or remove portions of the policy as we feel it is appropriate to do so. Updated policies will be posted to our web site at www.g1sat.com, please refer to the date on the policy and check back for updates.
1For the purposes of this policy, the term ‘customer’ is defined as identifiable, individual persons that purchase services and equipment from Galaxy 1; this policy is only applicable to individuals that fit this definition.
TERMS AND CONDITIONS – SERVICES
Galaxy 1 Satellite Service Terms and Conditions applicable to L / S-Band Services of: Inmarsat, Iridium, Thuraya and EchoStar
SIM: Subscriber Identity Module. A SIM card is a removable card with a chip, holding the ICCID, and is inserted in a satellite device in order to operate the device.
ICCID: Integrated Circuit Card Identifier, this is the identifier of the physical SIM card, this is printed on the card. It is the key identifier to look up SIM cards in IBIS.
Subscription: A subscription links an ICCID to a Price Plan and a customer account
CDR: Call Detail Record; call event record which relays the key data about how and when the SIM card is being used.
Suspension: Temporarily bar service on a SIM card.
IBIS: Integrated Billing and Information System, Galaxy 1 online portal for provisioning and billing of satellite communication services.
- Availability of Limited Service: Service is generally available to satellite terminals or Subscriber Information Module (SIM) equipped for this service when within the satellite footprint. Service is furnished to Customer or Customer’s authorized user. A telephone number can’t be assigned to more than one terminal or SIM card. Customer has no property rights on such number. GALAXY 1 reserves the right to assign, designate, or change such number, when, in its sole discretion, such action is reasonably necessary in the conduct of its business.
- Data Transmission Use & Dropped Calls: Due to the technical nature of satellite communication interfaces and the inherent sophistication of transmission of data and voice through a variety of operating systems, GALAXY 1 makes no representation as to the success of data or voice calls through the systems. Customer agrees that all data and voice call attempts regardless of ultimate successful transmission and termination will be paid for and no credits will be given in the event of dispute of this nature. With the potential for incorrect use (i.e.: next to a building/obstruction), anomalies can occur that cause dropped calls of either voice or data nature. Dropped calls will not be credited.
- Start of Contract Term: For all subscriptions, the date of activation counts as the start of the commitment term.
- Ability to Change T&C’s or Pricing: GALAXY 1 reserves the right to modify the terms and conditions or amend or withdraw any of the price plans and subscriptions. The customer will be notified 30 days prior to the amendment or withdrawal of any price plan and subscription, unless otherwise stipulated in the customer service agreement.
- Prorating of Recurring Fees and Allowances:
- (a) Monthly Subscriptions: On a new activation, the subscription fee and allowance will be prorated for the first month. On deactivation for Inmarsat and EchoStar service, the subscription fee and allowance will be prorated based on the deactivation date. On deactivation of Thuraya and Iridium service, the subscription and allowance will be charged in full for the month.
- (b) Quarterly/Semi/Annual Subscriptions: On a new activation, the subscription fee and applicable allowance will not be prorated and will be allocated based on the date of activation. Customer will be required to pay the full subscription fee in advance and will receive the full subscription allowance at the date of activation. On deactivation, the subscription fee and allowance will NOT be prorated.
- Minimum Contract Duration & Early Termination Fees: Each subscription (except Prepaid) has a minimum commitment period which varies between 1 and 24 months. For each service plan deactivated prior to the end of the commitment period, early termination charges will apply that are equivalent to the full monthly fee for remainder of the outstanding commitment duration period.
Notice of Termination: Notice of termination of service should be processed either through an IBIS deactivation request or per email to [email protected] and will only be accepted if received from the assigned customer contact person(s) for the account. Notice of termination of service by phone call will not be accepted.
- Automatic renewal of contract: Subscriptions will continue to be charged after the minimum commitment period has expired. This means the subscription will continue to be charged at the same rate until a notification is received to either deactivate the SIM card or to change it onto another subscription. Monthly subscriptions can be deactivated at any day once the minimum commitment period has expired. Advance paid packages will automatically renew for a new full payment term.
- Suspension of a SIM Card: Should a SIM card be suspended, then the subscription charge will continue during the period of suspension. This is valid for all types of subscriptions and services. Note that a subscription will automatically renew even though the SIM card is suspended on the subscription renewal date.
- Contractual Limitations: During the contract period, customer may change their pricing plan to a higher bundle free of charge. When changing to a lower pricing plan, customer is obliged to pay the remainder of the contract for the higher plan (Early Termination Fee).
- Invoicing and Guarantee of Payment of Services: GALAXY 1 will invoice customer monthly. This bill is due and payable upon receipt. Customer understands that they are responsible for all airtime charges, including but not limited to direct airtime, long distance and roaming charges (if applicable), and charges for any Customer-elected, value-added services (when available). Payment must be made in U.S. Dollars. Customer requests for credit terms for recurring airtime services are subject to credit approval and may be subject to required deposits and/or direct payment by credit card or a guarantee authorized against a valid accepted credit card.
- Taxes and regulatory cost recovery fees: The price of the service does not include sales, usage, excise, ad valorem, property or any other taxes or fees now or hereafter imposed, directly or indirectly, by any governmental authority or agency with respect to the Service. Customer shall pay such taxes directly or reimburse GALAXY 1 for any such taxes.
- Deposits: Satellite services are granted subject to credit approval by GALAXY 1. GALAXY 1 requires the establishment of credit or the ability to pay invoices according to the established terms. Deposits may be required for Non-US citizens or customers who do not have established credit. Customers will be advised prior to service activation if a deposit is required. Deposits will be refunded at service or contract termination.
- Non-US Credit Cards: Non-US credit cards will be accepted only after a complete verification has been done with the issuing bank. The issuing bank must contact the credit card holder and confirm the authorization for the charge to be approved. Verification of non-US credit cards may delay order processing for up to 72 hours. All deposits for terminals will still apply. GALAXY 1 reserves the right to decline any credit card transaction.
- Non-Payment / Breach: GALAXY 1 reserves the right to apply a late charge of 1.5% per month to each of Customer’s service bills not paid within 90 days of the due date. This late charge is applicable to the unpaid balance as of the due date. Customer shall pay GALAXY 1 all costs including, without limitation, reasonable attorney fees, the fees of any collection agency, and any other costs incurred by GALAXY 1 in exercising any of its rights under the Agreement. GALAXY 1 holds the right to suspend services for nonpayment. Should Customers service be suspended for non-payment GALAXY 1 will continue to charge the remainder of the monthly fees per mobile terminal / SIM card.
- High Usage Monitoring: GALAXY 1 provides usage monitoring functionality in IBIS, depending on the frequency and availability of receiving CDRs from satellite operators. Customer can set up monitors per SIM card and/or subscription.
Note that that usage monitoring is not equivalent to a prepaid usage service. Instead, monitoring of usage is provided to assist the customer with managing usage costs. The responsibility for actual usage remains with the customer even if the monitoring system fails to perform as expected due to scheduled or unscheduled outages or delays in CDR processing. GALAXY 1 cannot be held liable for unexpected high usage.
- Limitation of Liability: The satellite services provided by GALAXY 1 may be temporarily interrupted, delayed or otherwise limited and is not available everywhere in the world. GALAXY 1 makes no representation that it can provide uninterrupted service. Furthermore, GALAXY 1 shall have no liabilities or credit due for interrupted service unless caused by the gross negligence of GALAXY 1. GALAXY 1 shall not be liable for acts or omissions of other carriers, equipment failures or modifications, acts of God, strikes, government actions, or other causes beyond our reasonable control. GALAXY 1 MAKES NO WARRANTIES WITH RESPECT TO THE SERVICE OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE HEREBY DISCLAIMED
TERMS AND CONDITIONS – HARDWARE
Galaxy 1 Satellite Hardware Terms and Conditions applicable to L / S-Band Services of: Inmarsat, Iridium, Thuraya and EchoStar
Galaxy 1: The Company with whom the order has been placed.
Customer: The party or parties contracting to purchase goods and/or services from Galaxy 1.
Hardware: includes all products of whatever type which Galaxy 1 has agreed to supply either directly or through its authorised agent.
- GENERAL: No terms or conditions (whether contained in the Customer’s Official Purchase Order or otherwise) shall be binding on Galaxy 1 other than those set out herein, unless expressly agreed otherwise by Galaxy 1 in writing. Galaxy 1 reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on use or delivery of the hardware. Such modifications and additional terms and conditions will be effective immediately.
- PRICES: Prices quoted are net ex works (in accordance with INCOTERMS 2010). Carriage, insurance, custom charges and other costs (if any) will be charged as extra. Prices quoted apply only to the quantities or particular services specified in the quotation. If between the date of the quotation and delivery the cost of the whole or any part of the goods or services is increased by reason of any rates, duties or taxes payable by Galaxy 1 or for any other reason whatsoever beyond the control of Galaxy 1, Galaxy 1 may increase the price charged to the Customer by the amount of the aggregate increase in cost.
- TERMS AND PAYMENT: Purchase of goods requires 50% advance payment with 30 net days for remaining 50% of the purchase price, unless otherwise agreed upon. Should the customer fail to pay in full within that period Galaxy 1 shall be entitled to suspend work and/or delivery of any goods to the Customer, and/or to remove goods previously delivered in respect of which full payment has not been made to Galaxy 1. Such action shall not prejudice any other remedy that Galaxy 1 may have. Galaxy 1 reserves the right to refuse any disputes to invoices which are notified after the due date of payment.
- INTEREST: In the event that payment is not made within 30 days of invoice date, the Customer shall become liable to pay Galaxy 1 interest on the outstanding balance at 12% per annum, this will be calculated on a daily basis as required until all outstanding amounts, including interest charges, are paid.
- DELIVERY: Any quoted delivery date or period shall refer to delivery ex works. Any quoted delivery period shall commence from the date of Galaxy 1’s Acknowledgement of Order or from receipt of all specified contractual information required by Galaxy 1, whichever is the later. While Galaxy 1 shall endeavour to deliver within any specified delivery period or by any specified delivery date, Galaxy 1 shall incur no liability whatsoever if delivery is delayed beyond such date or period for any reason. Galaxy 1 will invoice the customer once the hardware is in transit to the customer.
- STORAGE: Where, at the request of the Customer, delivery of goods is delayed those goods may be stored by Galaxy 1 at their discretion from the date on which delivery would otherwise have been made and an appropriate storage fee will be charged. Such delay will not relieve the Customer of the obligation to make payment for the goods in accordance with Clause 5 above and Galaxy 1 accepts no liability in respect of such goods after the date on which they would otherwise have been delivered, from which time the goods will be held entirely at the Customer’s risk.
- CHANGES : If changes are made in the design of the goods after the receipt of any order for goods and before the date of delivery Galaxy 1 may alter the specification of the goods accordingly, provided that no price variation is made without the Customer’s consent and delivery is not unreasonably delayed.
- CANCELLATION AND RETURN POLICY: No cancellation or variation by a Customer of an order or return of a delivery shall be valid unless agreed by Galaxy 1 in writing. Such agreement shall be entirely at Galaxy 1’s discretion and will only be given on terms which compensate Galaxy 1 for all costs including a restocking fee of equipment in the amount of fifteen percent (15%) of the purchase price.
- PROPERTY AND RISK: Risk in the Goods shall pass to the Buyer in delivery. Ownership of the Goods shall not pass to the Buyer until the Company has received in full, in cleared funds, the Purchase Price and all other sums pursuant due to the Company.
- FORCE MAJEURE: Without prejudice to any other provision of this agreement Galaxy 1 shall not be liable for any delay in or failure to perform any of its obligations hereunder if the delay or failure is due to causes beyond Galaxy 1’s control.
- WARRANTY : Galaxy 1 stands by the manufacturers warranty that goods sold hereunder will be free from defects at the time of dispatch in materials and workmanship. Unless specifically agreed in writing in Galaxy 1’s quotation, Galaxy 1’s entire liability under this warranty shall be limited to replacing or repairing at its sole discretion any defective part within 12 months of delivery or the original manufacturers standard warranty whichever is the sooner. Claims in respect of such items must be made in writing indicating the serial number of the equipment concerned.Transportation ( including but not limited to duties and fees) of defective goods to Galaxy 1 must be freight prepaid by the Customer to Galaxy 1’s address. Such goods will be returned freight prepaid by Galaxy 1 , Incoterm CPT or DAP (“cost paid to”, or “delivery at place” less taxes duties or other fees) to the Customer original delivery location or cost equivalent. At the Customer’s option Galaxy 1 will arrange for qualified personnel to visit the installation in which circumstances the Customer will pay all transportation charges for the technician and his equipment, accommodation, living expenses and normal charges for the technician’s time.
- DAMAGE IN TRANSIT: Claims for damages on delivery should be logged within 48 hours of receipt.
- EXCLUSIONS: Except as expressly stated above all other warranties conditions promise or representations of any nature are hereby excluded. In particular, Galaxy 1 excludes all liability arising in contract or otherwise for any loss damage expense or injury of any kind howsoever arising out of or in connection with the goods and/or services supplied.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS: Galaxy 1 have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. The Customer will be subject to the policies and terms and conditions in force at the time of order, unless any change to those polices or these terms and conditions is required to be made by law or governmental authority, or if Galaxy 1 notify the Customer of the change to those policies or these terms and conditions before the Order Confirmation is sent.
- LAW AND JURISDICTION: In performing its obligations under this Agreement, each party agrees to comply with all laws and regulations applicable to such party including the customs and export control laws and regulations of the country where the order was placed as well as the country in which the goods or services are delivered or performed. Customer agrees to abide by international treaties in the delivery, use and operation of any and all equipment purchased and will not be used for illegal purposes and to the maximum extent permitted by law, excludes any liability arising from the use of any equipment.
- LICENSING: Customer acknowledges that it is the responsibility of the customer to operate any equipment as it was intended and that any licensing above and beyond that of Canada, United States, European Union and the United Kingdom is the sole responsibility of the customer. In addition, local applicable laws and regulations as to the use of equipment may apply and it is the user’s responsibility to identify and comply with these laws.The contract and all disputes relating to it shall be governed and construed in all respects according to the country where the order was placed