GOGO PRIVACY POLICY

Last updated June 23, 2015

Gogo LLC (“Gogo”), Gogo Business Aviation LLC (“Gogo Business”), and their subsidiaries and affiliates (collectively, "us" or "we") respect your concerns about privacy, and we value our relationship with you. This privacy policy (the "Privacy Policy") is intended to inform you of the types of information we collect, as well as our policies and practices regarding the collection, use, and disclosure of that information through the Gogo® Text service and the Gogo® Text and Talk service, which permit you to text and talk while in flight using our mobile application (“Gogo Application”) on your mobile device (talking only available where permitted by law and by the applicable airline or aircraft owner/operator) (the “Gogo Service”).

Please read this Privacy Policy carefully, because by downloading, installing, or using the Gogo Application and the Gogo Service, you are acknowledging that you understand and agree to the terms of this Privacy Policy. In addition, please review our Terms of Use and End User License Agreement, which govern your use of the Gogo Application and the Gogo Service. As explained below, some provisions of this Privacy Policy apply only to Gogo’s customers (aboard commercial passenger airlines) and not to individuals aboard aircraft owned/operated by Gogo Business’s business aviation customers.

INFORMATION COLLECTED BY THE GOGO SERVICE

Personal Information You Provide to Us

By using the Gogo Service or the Gogo Application, you may choose to provide information that could reasonably be used to contact you or to identify you personally (e.g., your name, mailing or billing address, telephone number, or email address, email preferences, and, for users accessing the Service on certain operating system platforms, your Gogo password and hint question (collectively, "Personal Information")). For example, we may collect Personal Information when you register to use the Gogo Application.

As a convenience for you, the Gogo Application will request access to the contact list on your mobile device. We do not use that contact information for our own purposes.

The commercial and business aviation airlines or aircraft owners/operators on whose planes the Gogo Service is available for use do not collect any information through your use of the Gogo Service. However, as noted below, we may share Personal Information of Gogo customers with commercial passenger airlines. We may also share Personal Information of Gogo Business customers with business aviation airlines or aircraft owners/operators for billing and collection purposes.

Information Collected by Automated Means

The Gogo Service may collect certain information automatically from your mobile device or through your interactions with the Gogo Service, such as the type of mobile device you use; your mobile device’s SIM, IMSI, IMEI, ICC-ID, MDN, MIN, MEID or other unique device identifier; the IP address of your mobile device; and information about the way you use the Gogo Service (“Usage Information”).  To the extent that certain Usage Information could reasonably be used to identify you personally (either by itself or as combined with other information provided by you), that information shall be treated as Personal Information under this Privacy Policy.

We and/or our authorized service providers may receive such information and use it to operate and improve the Gogo Service and the Gogo Application, deliver services and content, and for billing and collection purposes. We may also share Usage Information of Gogo Business customers with business aviation airlines or aircraft owners/operators for billing and collection purposes.

In order to provide you with certain limited availability, in-flight features, such as the ability to use your smartphone or other device to connect to your mobile service provider and thereby use your cellular service on certain flights, we need to obtain your SIM, IMSI, IMEI, ICC-ID, MDN, MIN, MEID, mobile telephone number, or similar device or mobile service identifier. If you register for the Gogo Service, you expressly agree that we may access and use such identifiers in order to facilitate your ability to connect to your mobile service provider and obtain a cellular connection. We will collect these identifiers from you automatically if possible, or obtain them with your assistance if automatic collection is not feasible.

HOW WE USE THE INFORMATION COLLECTED

We use information we collect about and from you, including Personal Information and non-Personal Information, for a variety of business purposes, including, for example, to: provide services to you; respond to requests that you make; improve and operate the Gogo Service and the Gogo Application; better tailor content, advertisements, offers, features, performance, and support of the Gogo Service and the Gogo Application; bill and collect for services; for other purposes disclosed in this Privacy Policy or at the time you provide your Personal Information; or otherwise with your consent. We may also use the information for support, training, and improvements to the Gogo Service and the Gogo Application. If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Information.

We may use your Personal Information to send you electronic newsletters or promotional emails, unless you have requested not to receive such promotional communications from us. We may also use your Personal Information to send you Gogo Service-related communications, for which you may opt out if you terminate your account.

To the extent that certain information that we collect as part of any talking features constitutes customer proprietary network information (“CPNI”), Gogo complies with applicable law governing CPNI.

INFORMATION WE SHARE

Except as otherwise stated in this Privacy Policy, we do not trade, rent, or share your Personal Information with third parties, unless you ask or authorize us to do so. We may share non-Personal Information, such as aggregate user statistics, demographic information, and certain Usage Information with third parties, subject to applicable law. We may also share your information as disclosed at the time you provide your information, as set forth in this Privacy Policy and in the following circumstances:

Airline Partners.

In order to provide the Services efficiently, carry out your requests, and provide you with offers and advertisements tailored to your interests, we may also disclose Personal Information to the airline partner on whose plane you have accessed the Services.

For Gogo Business aviation passengers: we may disclose your Personal Information to our business aviation airline or aircraft owner/operator partners for billing and collection purposes.

Third Parties Providing Services On Our Behalf.

In order to provide the Gogo Service, carry out your requests, make various features, services and materials available to you through the Gogo Service, and respond to your inquiries, we may share your Personal Information with third parties that perform functions on our behalf (or on behalf of our partners), such as (a) companies or individuals that: host or operate parts of the Gogo Service, analyze data, provide customer service, or manage payments; (b) advertisers; and (c) sponsors or other third parties that participate in or administer our promotions or provide marketing or promotional assistance. In such cases, such third parties are not entitled to use this information for any other purpose.

Your Agreement To Have Your Personal Information Shared.

For Gogo commercial airline passengers: while using the Gogo Service, you may have the opportunity to opt in to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of your information with a third party. If you agree to have your Personal Information shared, your Personal Information will be disclosed to the third party and the Personal Information you disclose will be subject to the privacy policy and business practices of that third party.

Affiliates.

We may share some or all of your Personal Information with our Affiliates ("Affiliates" are parent companies, subsidiaries, joint ventures, or other companies under a common control), in which case we will require our Affiliates to honor this Privacy Policy. If you are a California resident, you may ask us to refrain from sharing your information among our Affiliates for their marketing purposes, if the Affiliates are separate legal entities. Please tell us your preference by contacting us as indicated in the “How to Contact Us” section of this Notice.

Business Transfers.

If our company or our assets related to this Privacy Policy are acquired by another company, your Personal Information, and any other information that we have collected about the users of the Gogo Service or the Gogo Application, may be disclosed to that company as part of the due diligence process and will be transferred to that company as one of the transferred assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use information you have provided through the Gogo Service or the Gogo Application in a manner that is consistent with this Privacy Policy. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.

Law Enforcement Compliance.

We may be required by law, or by law enforcement officers acting under the color of law, to record some or all of your communications on or through the Gogo Service. We may, and you hereby authorize us to, disclose your Personal Information (including your account information) or any non-Personal Information if required by law or by law enforcement officers acting under the color of law, or if we believe in good faith that such disclosure is necessary to: (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) protect or defend the rights, property, or safety of us, you, other users, or third parties (especially in emergency situations).

INFORMATION WE RECEIVE FROM THIRD PARTIES

We may receive information about you from third parties. For example, if you are on another website and you opt in to receive information from us, that website will forward to us your e-mail address and other information about you so that we may contact you as requested. You may also choose to participate in a third party application or feature (such as one of our Facebook or Twitter applications or a similar application or feature on a third party web site) through which you allow us to collect and share (or the third party to collect and share) information about you, including Personal Information. In addition, we may receive information about you if other users of a third party web site give us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections” web page, profile page, or similar page on a social networking or other third party web site or interactive service.

We may also supplement the information we collect about you through the Gogo Service or the Gogo Application with other information from third parties in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from these third parties with information we collect through the Gogo Service or the Gogo Application. In those cases, we will apply this Privacy Policy to any Personal Information received, unless we have disclosed otherwise.

YOUR ACCESS AND CHOICES

We offer you choices regarding the collection, use, and sharing of your Personal Information. You can stop all collection of information by the Gogo Service by uninstalling the Gogo Application through the standard uninstall process offered through your mobile device. When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the promotional email. In addition:

We do not charge you for this service, and your opt-out request will be processed within 30 days of the date on which we receive it. Despite your indicated email preferences, we may send you administrative emails regarding the Gogo Service, including, for example, purchase confirmation, account creation confirmation, and notices of updates to our Terms of Use Agreement, Privacy Policy, or End User License Agreement.

If you wish to verify, correct, update or delete any of the Personal Information provided to us, you may do so by contacting us at customercare@gogoair.com (for Gogo commercial passenger airline customers) or bacustomerservice@gogoair.com (for individuals aboard aircraft owned/operated by Gogo Business’s business aviation customers).

In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Gogo Service or the Gogo Application. Please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). You should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data remaining in our archives because of backups and other reasons.

ADVERTISING; HOW TO OPT-OUT

For Gogo commercial airline passengers: We license technology to serve advertisements on the Gogo Service. In addition, we may use third-party analytics vendors to evaluate and provide us with information about the use of the Gogo Service. We do not share Personal Information with these third parties, but ad network providers, the advertisers, the sponsors, and/or analytics service providers may set and access their own cookies, pixel tags and similar technologies on your mobile device, and they may otherwise collect or have access to information about you, including Usage Information. We and our network advertisers may target advertisements for products and services in which you might be interested based on your use of the Gogo Service. We may use a variety of companies to serve advertisements.

If you prefer to not receive targeted advertising, you can opt out of some network advertising programs that use your information. To do so please visit the Digital Advertising Alliance (DAA) Opt-Out Page: http://www.aboutads.info/choices/. Please note that even if you choose to remove your information (opt out), you will still see advertisements while you are browsing online. However the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The DAA Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.

LINKS TO THIRD PARTY SITES

The Application may include links to third-party websites. Our provision of links to other websites or locations is for your convenience and does not signify our endorsement of such other websites or location or its contents. We have no control over, do not review, and cannot be responsible for these outside websites or their content. These other websites may send their own cookies to your device, they may independently collect data or solicit Personal Information and may or may not have their own Privacy Policy or policies. Please be aware that the terms of our Privacy Policy do not apply to these outside websites. You should also independently assess the authenticity of any website which appears to be or claims that it is one of our sites (including those linked to through an email or social networking page).

HOW WE PROTECT PERSONAL INFORMATION

We use Secure Sockets Layer (SSL) and Transport Layer Security (TLS protocols) to provide connectivity for the Gogo Service and the Gogo Application. Although we take reasonable steps to protect your security, please be aware that we cannot ensure or warrant the security of any information you transmit to us, and you use the Gogo Service and the Gogo Application and provide us with your information at your own risk.

CONSENT TO PROCESSING AND TRANSFER OF INFORMATION

By downloading, installing, or using the Gogo Application or the Gogo Service, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Information according to this Privacy Policy.

If you are a user who resides outside the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Gogo Service or the Gogo Application, or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to, those in the country where you reside and/or are a citizen.

CHILDREN

We do not intentionally gather Personal Information about users who are under the age of 13. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, of if a parent or guardian contacts us concerning information a child under his or her responsibility has provided us without his or her consent, we will make reasonable efforts to delete such information from our records within a reasonable time.

HOW TO CONTACT US

Should you have any questions or concerns regarding this Privacy Policy, please contact us at:

UPDATES TO OUR PRIVACY POLICY

This Privacy Policy and other information available through the Gogo Service may be updated periodically and without prior notice to you, and any changes will be effective immediately upon the posting of the revised Privacy Policy within the Gogo Application. However, we will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised notice. We will notify you of any significant changes to our Privacy Policy at least 30 days before making the changes and indicate in the Privacy Policy when it was most recently updated.