AURIGNY AIR SERVICES LIMITED
PRIVACY NOTICE FOR CUSTOMERS AND USERS OF OUR WEBSITE
WHAT IS THE PURPOSE OF THIS STATEMENT?
Aurigny Air Services Limited (“Aurigny”) is committed to protecting the privacy and security of your personal information.
This Privacy Notice describes how we collect and use personal information about you during and after your relationship with us. It applies to all personal information collected by Aurigny about its customers, service providers, business referrers, intermediaries and users of our website www.aurigny.com (“Contacts”).
We have a separate Privacy Notice (“Staff Privacy Notice”) for current, prospective and ex-employees. This Privacy Notice is available to relevant parties on request from [email protected].
We are registered with The Office of the Data Protection Authority in Guernsey.
Our registered office and contact details are as follows:
Aurigny Air Services Ltd
La Planque Lane
Tel: 01481 266444
Email: [email protected]
Guernsey Company Registration: 62362
Aurigny is a "data controller". This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this Privacy Notice.
This Privacy Notice applies to all Contacts whether existing, prospective, declined, exited or former customers service providers, business referrers, intermediaries and users of our website. This Privacy Notice does not form part of any contract to provide services. We may update this notice at any time.
It is important that you read this Privacy Notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.
When we refer to ‘our group’ or ‘group’ in this Privacy Notice this means: our parent company, Cabernet Limited (Guernsey Company Registration: 40421) and Anglo Normandy Aero Engineering Limited (Guernsey Company Registration: 4343) which is also wholly owned by Cabernet Limited. Cabernet Limited is owned by the States of Guernsey.
DATA PROTECTION PRINCIPLES
We will comply with data protection law. This says that the personal information we hold about you must be:
1. used lawfully, fairly and in a transparent way.
2. collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
3. relevant to the purposes we have told you about and limited only to those purposes.
4. accurate and kept up to date.
5. kept only as long as necessary for the purposes we have told you about.
6. kept securely.
WHAT PERSONAL DATA WE COLLECT
Personal data, or personal information, means any information relating to an identified or identifiable individual. It does not include data where no natural person can be identified from the data.
We may collect, store, and use information, including but not limited to your name, title, passwords, residential address, telephone, fax, and email, gender, nationality, passport or other recognised personal ID card numbers and details, occupation and employer, public positions held, place of birth, date of birth, marital status, verified identification, credit/debit card, bank or other payment details, travel history including information related to your flights and any services booked in connection with your flights, information you provide about any person you have nominated in your Aurigny Frequent Flyer account, travel preferences, information about your purchase of products and services from our trusted partners, your use of our website, file notes, minutes or correspondence, and your location information.
Sensitive information is known as Special Category Data. We may also collect and store Special Category Data, including but not limited to information about your health, including any medical condition, health and sickness records and information about criminal convictions, offences and allegations.
HOW WE COLLECT YOUR PERSONAL INFORMATION
We collect personal data from you when you book a flight with us (either directly or indirectly through our trusted third party partners), create an Aurigny Frequent Flyer account, sign up for our newsletter, use our website and or other websites accessible through our website, participate in a survey or competition, or when you contact us. We also collect personal data in the form of CCTV images when you visit our premises or the Airport site.
We may also collect personal data if you apply for a position with us or when you work with us. This Privacy Notice is available to relevant parties on request from [email protected].
We may sometimes collect additional information from third parties including travel agents, tour operators, other airlines, next of kin, spouse/partner/family member, “trusted” sources including law enforcement agencies, the States of Guernsey, credit reference agencies and public open sources.
We will collect additional personal information in the course of service-related activities throughout the period of providing services to you.
HOW WE WILL USE INFORMATION ABOUT YOU
We will use your personal information in the following circumstances:
•Where we need to perform the contract we have entered into with you.
•Where we need to comply with a legal or regulatory obligation.
•Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
We may also use the information we gather to:
•enhance or improve customers’ experience of Aurigny products and services and our website.
•for security purposes i.e. confirm your identity when you use our services and where you appear on CCTV images.
•develop and provide products and services, either on our own or with third parties.
•provide anonymised statistical data on our products, services, overall performance and customer service.
We may also use your personal information in the following situations, which are likely to be rare:
•Where we need to protect your interests (or someone else's interests).
•Where it is needed in the public interest.
Normally the purposes for which we use your personal information will be made clear at the point we collect that information. We will not use your personal information for purposes that are not clear when it is collected. The personal information you provide us is used primarily to provide and pay for the products and services you request, to manage any account you may have with us and to advise you of any improvements and or changes to those products, services and accounts and to respond to your enquiries, instructions or claims.
SITUATIONS IN WHICH WE WILL USE YOUR PERSONAL INFORMATION
We need all the categories of information in the list above primarily to allow us to perform contracts with you and to enable us to comply with legal obligations. In some cases, we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.
•Providing services to you.
•Administering the contract we have entered into with you or where you are a party related to an entity for which we are contracted to provide services.
•Business management and planning, including accounting and auditing.
•Making arrangements for the termination of our customer relationship.
•Education, training and development requirements.
•Dealing with disputes or complaints involving you.
•For security purposes including, but not limited to, the protection of staff, to assist in the prevention and detection of crime and help ensure public safety.
•To meet the requirements of Guernsey Airport, the Guernsey Border Agency and the United Kingdom Civil Aviation Authority (“CAA”) in monitoring access to airside areas.
•To monitor and identify peak workloads and appropriate staffing levels (airport check-in only)
•To prevent fraud.
•To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.
•To conduct data analytics studies to review and better understand customer retention and attrition rates.
•To comply with certain industry regulations.
•Marketing activities only where you have given consent.
•Public health (refer Sharing your Personal Information)
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
We may use your Personal Details to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services may be relevant for you.
You will receive marketing communications from us if you have requested information from us or purchased services from us and you have opted in to receive that marketing.
We may also use the personal information you provide for direct marketing purposes provided you consented for us to do so by opting-in at the point the information was collected. We will get your express opt-in consent before we share your personal data with any company outside Aurigny for marketing purposes. You are able to withdraw this consent at any time by contacting the Data Privacy team. Please email: [email protected]
AURIGNY FREQUENT FLYER ACCOUNTS
If you create an Aurigny Frequent Flyer account, we will process the information we collect about you and any additional members nominated by you in line with this Privacy Notice.
Protecting the safety and privacy of children is important to us therefore, as an extra precaution, we will not permit children under 16 to be the Primary Member of an Aurigny Frequent Flyer account. As soon as we become aware of any party under 16 being a Primary Member of an account, we will delete it. You should only add an additional member to your Aurigny Frequent Flyer account if you have their consent to do so and to provide the personal information requested. We will delete any information of an additional member collected without that person’s consent as soon as we become aware of it.
If you no longer wish to have an Aurigny Frequent Flyer account with us you may request that this is deleted at any time by emailing [email protected].
IF YOU FAIL TO PROVIDE PERSONAL INFORMATION
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you, or we may be prevented from complying with our legal obligations.
CHANGE OF PURPOSE
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above, where this is required or permitted by law.
HOW WE USE PARTICULARLY SENSITIVE PERSONAL INFORMATION
What was referred to as sensitive personal data under the previous data protection law is now referred to as 'Special Category Data'. Special Category Data requires higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:
1. In limited circumstances, with your explicit written consent.
2. Where we need to carry out our legal obligations and in line with our data protection policy.
3. Where it is needed in the public interest, such as for equal opportunities monitoring, and in line with our data protection policy.
4. To facilitate the provisions of compassionate fares to our customers.
5. If you choose to provide such information over our recorded phone lines or via emails that you send to us.
6, If you chose to provide us with such information to allow us to process compensation claims and / or complaints
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public.
OUR OBLIGATIONS AS A DATA CONTROLLER
We may use your Special Category Data in the following ways:
•To provide medevac and air ambulance flights.
•To provide special assistance.
•To provide compassionate fares.
•To process health related compensation refunds, waivers, etc.
DO WE NEED YOUR CONSENT?
In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us, but declining consent may affect what services we can offer you.
INFORMATION ABOUT CRIMINAL CONVICTIONS
We may only use information relating to criminal convictions where the law or a regulation allows or requires us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.
Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public.
Due to the nature of the work Aurigny undertakes, we do envisage that we will hold information about criminal convictions.
We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
SHARING YOUR PERSONAL INFORMATION
We will share your personal information with other entities in our group as part of our regular reporting activities on the group’s performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data.
We may share your personal information with third parties, for example for a possible sale or restructuring of the business. We may also need to share your personal information with a regulator or to otherwise comply with the law.
In response to the current public health emergency resulting from the recent COVID-19 pandemic (“Virus”), Aurigny is required to provide various stakeholders with additional information for the purpose of preventing, mitigating and controlling the impact of this virus. This information includes but is not limited to the provision of:
•Flights, seat location and travel undertaken
•Contact with other parties (as required)
We will not share or sell your personal data with anyone outside of Aurigny except as set out below:
•we made it clear to you we may do so when you provided the information.
•to third parties we have contracted or are contracted by to provide the products and services you have requested.
•to credit reference and debt collection agencies.
•to our auditors or legal advisors and other advisors to our group.
•we are legally required to do so.
•our regulatory obligations require us to do so.
•with relevant third parties in the event of Aurigny's sale, merger, consolidation, change in control, reorganisation, liquidation or administration.
We require third parties to respect the security of your data and to treat it in accordance with the law.
We may transfer the personal information we collect about you to countries in the Member States of the European Union, jurisdictions the European Commission has determined provide an 'adequate' level of protection, and jurisdictions the States of Deliberation has designated as sufficiently protective to receive personal information.
For other jurisdictions, we will limit transfers to those which are under an agreement containing 'standard data protection clauses'.
WHICH THIRD-PARTY SERVICE PROVIDERS PROCESS YOUR PERSONAL INFORMATION?
"Third parties" includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third-party service providers:
•Airports, governments, authorities (including the Civil Aviation Authority) and law enforcement agencies.
•Travel agents or other companies involved in booking flights.
•Suppliers of data warehouse and processing operations.
•Suppliers providing services to us in order carry out our business activities.
•Suppliers assisting us with improving customer experience.
•Marketing, advertising and promotion activities.
•Airline operational services.
•Payment services provided by banks, credit card and debit card issuers and payments processing organisations.
We have put in place measures to protect the security of your information.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. We do not allow our third-party service providers to use your personal data for their own purposes. However, we may be compelled by law to disclose information we hold about you to a third party, such as border control agencies, and have limited control over how that information is protected by that party.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
HOW LONG WILL WE USE YOUR INFORMATION FOR?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer a Contact of the group we will retain and securely destroy your personal information in accordance with our data retention policy and/or applicable laws and regulations.
RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION
YOUR DUTY TO INFORM US OF CHANGES
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.
YOUR RIGHTS IN CONNECTION WITH PERSONAL INFORMATION
Under certain circumstances, by law you have the:
•Right to data portability: right to request the transfer of your personal information to another party.
•Right of access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
•Right to object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes or if data were being processed on grounds of public interest or for historical or scientific purposes.
•Right to rectification of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
•Right to erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
•Right to restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
•Right to be notified of rectification, erasure and restrictions.
•Right not to be subject to decisions based on automated processing.
Please note, due to the potential security risks involved, if you would like to engage a third party to assist you with your rights request, we will require you to complete and sign our “Third Party Rights Request Form” and return this to our Data Privacy Team using the following email [email protected]. A copy of the Third Party Rights Request Form can be obtained by emailing: [email protected]
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact our Data Privacy Team directly on [email protected].
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
RIGHT TO WITHDRAW CONSENT
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact us at [email protected] or write to us at the address stated at the end of this Privacy Notice. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
CHANGES TO THIS PRIVACY NOTICE
We reserve the right to update this Privacy Notice at any time, and we will publish any new versions of it on our website. We may also notify you in other ways from time to time about the processing of your personal information. This Privacy Notice was last updated on 05 July 2021.
If you have any questions about this Privacy Notice, please contact our Data Privacy Team as follows:
Data Privacy Team
Aurigny Air Services Ltd
La Planque Lane
Email: [email protected]