Report Unsafe Drone Operations

Report unsafe drone operations you think may have broken the drone safety rules.

Recreational: Know Your Drone

Australia's recreational drone rules are designed to keep you and others safe on the ground and in the air. Drone rules vary depending on if you're flying for fun (recreationally) or commercially.

Excluded RPA Operations Guide

You must get a remotely piloted aircraft (RPA) operator accreditation to fly for business or as part of your job - understand the requirements and how to operate safely.

Micro and Excluded Category RPA Plain English Guide

Use this plain English guide where CASA consolidates the applicable sections of Part 101 of the Civil Aviation Safety Regulations 1998 (CASR) and its Manual of Standards (MOS) for commercial operation of micro and excluded RPA.

ReOC Operations RePL and ReOC Operations ReOC

A RePL (Remote Pilot Licence) allows you to be a remote pilot for an individual or business that holds a remotely piloted aircraft operator's certificate (ReOC). While a remotely piloted aircraft operator's certificate (ReOC) allows you or your business to trade as a drone service provider.

The information provided is not for use in air navigation in Australia

We are pleased to provide you with Services designed to assist you with your drone operations. Please read these Terms of Use carefully before using the Services. By accessing and using the Services, whether by way of app, website or other platform, you are entering an Agreement with [Sphere Communications Pty Ltd (also referred to in this agreement as "us", "our" and "we"), and agree to follow these Terms of Use (Agreement).

The Services include airspace information, aircraft traffic planning and management information, and other information in connection with the operation of remotely piloted aircraft and model aircraft, collectively referred to as "drones", in Australia.

You acknowledge that in using the Services, you remain solely responsible for operating your drone safely and lawfully, the Service are of a general nature. The information provided is not for use in air navigation in Australia. We recommend that you check official source of airspace information when conducing any drone operation.

1. Who may use the Services

1. You must be 18 years of age or older to access and use the Services or have parental or guardian consent to use the Services and enter into this Agreement.

2. If you are accessing or using the Services on behalf of or for the benefit of someone else, such as your employer, a company, partnership or other entity (Third Party), then:

   1. all references to you in this Agreement include the Third Party; and
   2. you verify that you are authorised to enter this Agreement on behalf of yourself and the Third Party; and
   3. you represent and warrant that you are authorised to bind the Third Party; and
   4. in the event of a breach of this Agreement both you and the Third Party will responsible.

2. Your licence to access and use the Services

   1. The Services are provided to you by way of a licence which is a single, limited, non-exclusive, revocable, non-transferable, non-sublicensable licence to access the Services and where applicable install an application (or "app") on a mobile device that you own or control.

   2. You grant us a licence to use the information that you provide us for the purpose of us providing the Services to you.

   3. You acknowledge that you are not given any intellectual property rights by accessing or using the Services, and you must not infringe any of our intellectual property, which remain solely and exclusively with us.

3. Your use of the Services

   1. You agree that you are solely responsible for, and that we have no responsibility for:

      1. evaluating the currency, accuracy, reliability and completeness of any information and tools provided by way of the Services;
      2. making any decision about where and when to conduct a drone operation;
      3. ensuring that your drone operation is conducted legally and safely.

   2. When you input information while accessing or using the Services, you are responsible for ensuring that this information is correct.

   3. The information provided by way of the Services is of a general nature, is not considered official aeronautical sources nor are the Services intended to act as a substitute for information from official sources. You must continue to check official sources of information when conducting drone operations.

   4. Even where our Services may indicate that there are no flight restrictions or that your operation is permissible, we do not guarantee, recommend or endorse the safety or legality of that drone operation.

   5. We will not be responsible for any damage, interference or any other adverse consequence to any other hardware or software you may use along with our Services.

   6. The Services do not take into account the specifications, capabilities or limitations of any particular model of drone.

   7. While you may use the Services in relation to the operation of a drone, you should not use the Services in relation to the operation of traditional crewed aircraft.

   8. While technical support is not part of the Services, if you are experiencing and problems or issues with the Services, please be in contact and we will endeavour to address your issue.

4. Your account with us

   1. You may need to register or create an account with us in order to access or use the Services or part of the Services.

   2. You must provide accurate, true and current information in respect of any account with us.

   3. You must keep your account details confidential, not provide them to any third party.

   4. You must promptly notify us of any confidentiality breach or unauthorised use of your username or password.

   5. We are not responsible for any use or misuse of your username or password.

   6. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

   7. You will be responsible for the use of the Services by anyone who access the Services with your account login information.

5. What you must not do when using the services

   1. As a pre-condition to using the Services, you agree that you will not, or will not authorise or instruct anyone else, to do any of the following:

      1. violate any applicable law, contract, intellectual property rights or other third-party right or commit an action for which you may be sued;
      2. use or attempt to use another user's account;
      3. make the Services available to any third party by way of lease, sale, license or otherwise;
      4. use the Services to develop a competitive good or service;
      5. use the Services to trespass, harass, cause nuisance, irritation or interfere with the privacy of any person;
      6. copy, reproduce or distribute the Services or its interface;
      7. modify the Services or its components or remove any proprietary rights or markings, deface, or otherwise make any derivative works based on the Services or any aspect of the Services;
      8. use the Services in a way that may adversely affect other users from using the Services, or damage, dispute, interfere or otherwise adversely affect the Services or others access to or use of the Services;
      9. reverse engineer, decompile or disassemble any aspect of the Services except to the extent permitted by law;
      10. do anything that may expose source code or bypass or circumvent any mechanisms or barriers to access information not available as part of the Services;
      11. introduce or infect any part of the Services with any virus, spyware, trojan horse, worm or any other element that is harmful or potentially harmful or intended to damage, hijack or otherwise adversely affect the Services or any part or component of the Services;
      12. use any data mining, robots, spider or similar data gathering or extraction methods to scrape or extract data from the Services or its components;
      13. be party to, encourage or promote any activity prohibited above or that violates this Agreement.

   2. Our enforcement of any of the above breaches is at our discretion and our delay or failure to enforce our rights is not a waiver of our rights to do so.

   3. You agree to cooperate with us in any investigation of the use of the Services in which we suspect that you have been involved that may breach this Agreement.

6. Third party information

   1. Our Services contain information sourced from third parties. We are not responsible to you for any content sourced from third parties and make no endorsements or promises in respect of the accuracy, completeness or currency of such information.

   2. Our Services may include links to third party information. We make no endorsements or promises as to the accuracy or currency of any such links which you rely on at your own risk.

7. Paid Services

   1. There may be aspects or features of the Services that require payment for access or use.

   2. By providing payment information to us, you promise that it is your account or that you are authorised to make payment.

   3. You grant to us the right to provide relevant payment information to third parties for the purposes of facilitating a transaction. You authorise us, or our third party payment processor, to charge you for the Services or aspect of the Services for which you have provided payment information, and you agree to pay for any surcharge, tax, shipping or other third party fee in administering payment.

   4. We reserve our right to reject or not accept payment, or to suspend or cancel any ongoing Services, if your payment method cannot be verified, is invalid, you have breached this Agreement, or in our opinion the payment method may be fraudulent or without proper authority.

   5. We may limit or cease providing any aspect or feature of our Services without notice to you. Should this occur in a way that may attract a partial refund, full refund, or exchange, we will discuss this with you and comply with our statutory obligations.

   6. We may change our pricing at any time by giving you at least 7 days’ prior notice.

8. Privacy

   1. In the event that you provide to us, or if we collect, personal information from you or your representatives in the provision of the Services, our Privacy Policy applies to such collection, which forms part of this Agreement.

   2. You agree to the terms of our Privacy Policy and promise that any information you provide to us is and will remain accurate, complete, and current.

   3. If we make any material changes to our Privacy Policy, we will post a notice on our website and/or mobile application. Your continued use of the Services following any update confirms you agreement to the updated Privacy Policy

9. Variations to this Agreement and to the Services

   1. We may change this Agreement at any time. We will notify you of any changes which may include by way of email, a notification when you access the Services, or by updating the "last modified" date in this Agreement.

   2. Your continued use of the Services following any changes constitutes your acceptance of the changes. If you do not agree to the change, you must stop using the Services.

   3. We may amend, change or modify the Services, including the addition or removal of elements of the Services at any time without notice to you. We are not responsible for any loss, harm or other adverse consequence to you resulting from either your inability to access the Services our amendment of the Services.

10. Liability

    1. To the extent permitted by law, we will not be liable to you under any form of liability, whether based in contract, tort, strict liability, negligence, or otherwise for any indirect, consequential, special or exemplary loss or damage including loss of revenue, profits, technology rights, data, interruption or loss of use of services, even if such loss was reasonably foreseeable, arose naturally or was in the contemplation of the parties.

    2. We will not be liable for damages of any kinds resulting from your use or inability to use the Services.

    3. If found liable by a Court or Tribunal of competent jurisdiction, our maximum total liability to you in relation to any claim arising out of the Services or this Agreement, regardless of the form of action is limited, at our option, to:

       1. re-supply the Services or pay the cost of having the Services re-supplied; or
       2. the greater of the total amount, if any, paid by you to use the Services in the three months immediately prior to your claim or $200.

    4. Our supply of the Services may be subject to certain statutory guarantees, including under the Australian Consumer Law, which cannot be excluded by contract. For major failures with the Services, you may be entitled to cancel this Agreement. You may also be entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you may be entitled to have problems with the Services rectified in a reasonable time and, if this is not done, to cancel this Agreement. Nothing in this Agreement excludes, restricts or modifies the application of statutory guarantees or any associated rights or entitlements to remedies

11. Indemnities

    1. To the extent permitted by law, you agree to indemnify, defend and hold harmless, Sphere Communications and its representatives, from and against any claims, actions, damages, proceedings, liabilities, judgments, awards, losses, costs, fees and expenses (including legal expenses) arising out of or relating to:

       1. your access to, use of, the Services;
       2. your activities in connection with the Services, including but not limited to drone operations; and
       3. any breach or alleged breach of this Agreement by you.

    2. To the extent permitted by law, you release us from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to your use of our Services or the acts or omissions of third parties.

12. Disclaimers

    1. Your access to, and use of, the Services is at your sole risk; and you assume the entire risk related to the operation that you are conducting when using the Services.

    2. The Services are provided on an "as is" basis. Except for any express or implied guarantees in legislation that cannot be excluded, we disclaim all other implied warranties of performance, accuracy, completeness, service levels, fitness for a particular purpose, free from error or interruption.

    3. Airspace information related to Australia is not approved under Australian Civil Aviation Safety Regulation Part 175 (CASR Part 175), is advisory only, and is not to be used for the purpose of air navigation.

    4. The airspace information provided as part of the Services is advisory only, is not to be used for the purpose of air navigation and is not to be used at all where any humans are aboard the aircraft whether as pilot or passenger.

    5. The Services provide information collected from a variety of sources. We do not confirm, verify or guarantee the accuracy, reliability or currency of this information. You are solely responsible for ensuring that your operation is legal and complies with all necessary regulations.

    6. While we make reasonable efforts to maintain the currency, integrity and security of the Services, the Services may not reflect recent changes to relevant laws or regulations and we do not guarantee that the Services will remain updated, complete, correct or secure, or that access to the Services will be uninterrupted.

13. Termination

    1. This Agreement is effective until terminated.

    2. We may terminate or suspend your access to and/or use of the Services at any time and without prior notice, for any or no reason, including if we form a view that you have breached any part of this Agreement.

    3. You may terminate this Agreement by notifying us of your decision by way of email and upon receipt we may immediately terminate or suspend your account and from such time you will have no further access to your account or any information submitted by way of your account.

    4. On suspension or termination of your account, your access and/or use of the Services will immediately cease and we may immediately deactivate or delete any of your account details or any other information you have supplied to us in connection with access or use of the Services.

    5. If we take any of the above steps, you agree that we are not liable to you for any adverse consequences arising from termination and our related actions.

    6. Any outstanding invoices will become immediately due and payable. If you have paid us any fees in advance then you will be entitled to a refund, on a pro-rata basis for any pre-paid fees that are noy yet payable following the date of termination.

    7. Either party's termination of this Agreement or any Service will be without prejudice to any other remedies that it may have at law or otherwise.

14. Dispute Resolution

    1. If any dispute, disagreement or difference arises between the parties in respect of this Agreement or the Services, the parties must not commence Court or Tribunal proceedings without first taking the following steps, except in the case of filing any interlocutory Court applications:

       1. the parties will attempt resolution through direct communication, and if resolution is not achieved with 14 days from the first communication; then
       2. the parties will attempt to resolve the issues in dispute by way of mediation, costs of which are to be equally shared between the parties.
       3. If resolution is not achieved at mediation or within 7 days from the date of mediation, then the parties may seek resolution at their own discretion.
15. General
    1. Severability: If any part of this Agreement is found to be unlawful, void or unenforceable by a competent authority, then that part will be deemed severable from this Agreement and will not affect the validity or enforceability of any remaining parts.
    2. Assignment: You may not assign, transfer or sublicense any of your rights or obligations under this Agreement without our express written consent. We may assign, transfer or sublicense any of our rights or obligations under this Agreement without notice to you.
    3. Relationship of parties: You access and use the Services as a third-party user and this Agreement does not create any relationship of employment, partnership, joint venture, franchise or agency between you and us.
    4. No merger: The warranties, representations and promises by the parties are continuing and do not merge, and are not extinguished, on completion of this Agreement.
    5. Waiver: Any failure by either party to exercise or enforce any right or part of this Agreement will not operate as waiver of that right or part or affect the validity of this Agreement.
    6. Governing law: This Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the Court of New South Wales, Australia, and the Sydney Registry of the Federal Court of Australia, and the courts that hear appeals from those courts.

If you have any questions about the Services or this Agreement, please contact us at: admin@spheredrones.com.au

“We”, “Our” and “Us” means SPHERE COMMUNICATIONS PTY LTD. trading as SPHERE DRONES of ABN 61 003 102 663.

We provide a range of goods, services and 'software as a service' concerning the operation of Remotely Piloted Aircraft and other remotely controlled robotic conveyances which may be by way of air, land and/or sea. Our principal place of business is: Unit 21, 110-116 Bourke Road, ALEXANDRIA NSW 2015

1. We respect your privacy

1.1 We respect your right to privacy and are committed to safeguarding the privacy of Our customers and website visitors. This policy sets out how We collect and treat your Personal Information.

1.2 We adhere to the Australian Privacy Principles (“APPs”) contained in the Privacy Act 1998 (Cth) (“the Act"), this Privacy Policy meets the standards, rights and obligations under the APPs, and to the extent applicable, we adhere to the EU General Data Protection Regulation (GDPR).

1.3 “Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not; and whether the information or opinion is recorded in a material form or not. We may hold Personal Information about you if you engage our services. This may include information such as your name, email address, or any other type of information that can reasonably identify you , either directly or indirectly.

1.4 You may contact Us in writing at admin@spheredrones.com.au for further information about this Privacy Policy.

2. What personal information is collected

2.1 We will, from time to time, receive and store Personal Information you provide to us, whether by way of submission to Our website, provided to Us directly, or given to Us in other forms.

2.2 You may provide information such as your name, phone number, address and email address to enable Us to send you information, provide updates and process your product or service order.

2.3 We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with Our customer support.

2.4 Additionally, We may also collect any other information you provide while interacting with Us.

3. How We collect your personal information

3.1 We collect Personal Information from you in a variety of ways, including when you interact with Us electronically or in person, when you access Our website and when We engage in business activities with you. We may receive Personal Information from third parties. If We do, We will protect it as set out in this Privacy Policy.

3.2 By providing Us with Personal Information, you consent to the supply of that information subject to the terms of this Privacy Policy.

4. How We use your personal information

4.1 We may use Personal Information collected from you to provide you with information about Our products or services. We may also make you aware of new and additional products, services and opportunities available to you.

4.2 We will use Personal Information only for the purposes to which you consent, which you agree may include to:

(a) Provide you with products and services during the usual course of Our business activities;

(b) Administer Our business activities;

(c) Manage, research and develop Our products and services;

(d) Provide you with information about Our products and services;

(e) Communicate with you by a variety of measures including, but not limited to, by telephone, email, SMS text message, or mail; and

(f) Investigate any complaints.

4.3 If you withhold your Personal Information from Us, it may not be possible for Us to provide you with Our products and services or for you to fully access Our website.

4.4 We may disclose your Personal Information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.

4.5 If there is a change of control in Our business or a sale or transfer or business assets, We reserve the right to transfer to the extent permissible at law Our user databases, together with any Personal Information and non-Personal Information contained in those databases.

5. Disclosure of your Personal information

5.1 We may disclose your Personal Information to any of Our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Privacy Policy.

5.2 As a result of these practices, We may disclose Personal Information to overseas recipients but take reasonable steps to ensure that the overseas recipient does not breach the APPs in relation to the information.

5.3 If We do disclose your Personal Information to a third party, We will protect it in accordance with this Privacy Policy.

6. General Data Protection Regulation (GDPR) for the European Union (EU)

6.1 We will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.

6.2 We process your Personal Information as a Processor and/or to the extent that We are a Controller as defined in the GDPR.

6.3 We must establish a lawful basis for processing your Personal Information. The legal basis for which We collect your personal information depends on the data that We collect and how We use it.

6.4 We will only collect your Personal Information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.

6.5 We will also process your Personal Information if it is necessary for Our legitimate interests, or to fulfil a contractual or legal obligation.

6.6 We process your Personal Information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.

6.7 We do not collect or process any Personal Information from you that is considered “Sensitive Personal Information” under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless We have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.

6.8 You must not provide Us with your Personal Information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you.

7. Your rights under the GDPR

7.1 If you are an individual residing in the EU, you have certain rights as to how your Personal Information is obtained and used. We comply with your rights under the GDPR as to how your Personal Information is used and controlled if you are an individual residing in the EU.

7.2 Except as otherwise provided in the GDPR, you have the following rights:

(a) To be informed how your Personal Information is being used;

(b) Access your personal information (We will provide you with a free copy of it);

(c) To correct your Personal Information if it is inaccurate or incomplete;

(d) To delete your Personal Information (also known as “the right to erasure” and “the right to be forgotten”);

(e) To restrict processing of your Personal Information;

(f) To retain and reuse your Personal Information for your own purposes;

(g) To object to your Personal Information being used; and

(h) To object against automated decision making and profiling.

7.3 Please contact Us at any time to exercise your rights under the GDPR at the contact details in this Privacy Policy.

7.4 We may ask you to verify your identity before acting on any of your requests.

8. Hosting and International Data Transfer

8.1 Information that We collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to, Australia, the United States of America and New Zealand.

8.2 The hosting facilities for Our website are situated in Australia and the United States of America.

8.3 Our Suppliers and Contractors are situated in a number of countries, including but not limited to Australia, New Zealand, Switzerland, France, and the United States of America.

8.4 You acknowledge that Personal Information that you submit for publication through Our website or service may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

9. Security of your Personal Information

9.1 We are committed to ensuring that the information you provide to Us is secure. In order to prevent unauthorised access or disclosure, We have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

9.2 Where We employ data processors to process Personal Information on Our behalf, We only do so on the basis that such data processors comply with the requirements under the APPs and/or GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.

9.3 The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from Us. Although We take measures to safeguard against unauthorised disclosures of information, We cannot assure your that Personal Information that We collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

10. Access to your personal information

10.1 You may request details of Personal Information that We hold about you in accordance with the provisions of the Act , and to the extent applicable the GDPR. If you would like a copy of the information which We hold about you or believe that any information We hold on you is inaccurate, incorrect, out of date, incomplete, irrelevant or misleading, please email Us at admin@spheregroup.com.au

10.2 We reserve the right to refuse to provide you with information that We hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth) or any other applicable law.

11. How long will We keep your personal information?

11.1 Your Personal Information will not be kept for longer than is necessary for Us to fulfil the specific purposes outlined in this Privacy Policy, and to allow us to comply with our legal requirements.

12. Complaints about privacy

12.1 If you have any complaints about Our privacy practices, think there has been a breach of the APPs, please feel free to send in details of your complaints to admin@spheregroup.com.au. We take complaints very seriously and will respond as soon as practicable after receiving written notice of your complaint and within 30 days at the latest.

13. Changes to Privacy Policy

13.1 We may modify this Privacy Policy at any time at Our sole discretion. Modifications will be effective immediately upon Our posting of the modifications on Our website or otherwise notifying you.. We recommend that you check back from time to time to review Our Privacy Policy.

14. Anonymity and pseudonymity

14.1 You have the option of not identifying yourself, or using a pseudonym when dealing with us in relation to a particular matter, except where We are required or authorised by or under an Australian law, or a court/tribunal order, to deal with individuals who have identified themselves; or it is impracticable for us to deal with individuals who have not identified themselves or who have used a pseudonym.

15. Website

15.1 When your visit Our website

When you come to Our website(s), We may collect certain information such as browser type, operating system, website visited immediately before coming to Our site, etc. This information is used in an aggregated manner to analyse how people use Our site, such that We can improve Our service.

15.2 Cookies

We may from time to time use cookies on Our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of Our website. Our website may from time to time use cookies to analyse website traffic and help Us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this website or other websites you visit.

15.3 Third party sites

Our site may from time to time have links to other websites not owned or controlled by Us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval or these websites. Please be aware that We are not responsible for the privacy practises of other such websites. We encourage Our users to be aware, when they leave Our website, to read the privacy statements of each and every website that collects personal identifiable information.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any Personal Information we have about you, register a complaint, or simply want more information, you may contact our Privacy Compliance Officer at admin@spheregroup.com.au or by mail at:

Sphere Communications
Re: Privacy Compliance Officer
21/110 Bourke Road, Alexandria, NSW, 2015