A cookie is a small file stored by a server in the terminal (computer, telephone, etc.) of a user and associated with a web domain (i.e. in most cases with all the pages of the same website).  This file is automatically returned on subsequent contacts with the same domain.”^[1]

The Cookies Management Policy is organized and detailed on a dedicated page, in accordance with the requirements of the RGPD. To read it, BIRDY invites its Clients to visit the following link: https://birdy.aero/cookies/. [1] Official CNIL definition

BIRDY collects Personal Data from Clients, in particular in relation to travel arrangements, use of products and services and how the website is accessed.  

 

Personal Data collected includes, but is not limited to:

✧ Identification and contact details: surname, first name, date of birth, nationality, residential address, email address, telephone and fax numbers;

✧ Flight information (when booking a flight): passport information, personal description and photo, travel arrangement information, booking details, itinerary, details of any additional assistance required and other travel-related information;

✧ Information on services BIRDY has provided to the Clients in the past, including previous travel arrangements, such as flights and other reservations, and related matters, such as upgrades.

✧ Personal tastes (with regard to food and beverages) and dietary needs;

✧ Health restrictions (for example, allergies for meal purposes and disabilities for reasonable care purposes);

✧ Localisation;

✧ Use of the website, including information about pages visited;

✧ Information about interactions with BIRDY and its employees;

✧ Financial and Banking Information: Credit card information necessary to provide the requested product or service (including information obtained from third-party banks, other credit agencies and credit bureaus); and

✧ Other informations used to perform contractual obligations between BIRDY and the Client and/or to conduct investigations and/or provide Clients with other information that may be required for an offer. 

 

Visitor Location Data:

When you submit a booking or estimate request through our website, we automatically collect your device’s IP address. This allows us to determine an approximate location (city and country only) using a geo-IP lookup service.

We use this information solely for:

✧ Verifying the authenticity of requests and preventing fraud,

✧ Proving consent when signing contracts,

✧ Internal statistics and service optimisation.

We do not use this data for marketing or profiling, and we do not attempt to identify you beyond the approximate city and country. Your IP address is masked in our internal notifications, and only the approximate location is shared with our team.

Our geo-IP lookups are processed through ipapi.co (located outside the EU). This may involve transfers of data to servers outside your country of residence. We ensure that such transfers are covered by appropriate safeguards in accordance with GDPR.

The collection of Personnel Data by BIRDY occurs after the Client’s access, use or purchase of BIRDY’s products or services, either directly or through third parties.The following are examples of when BIRDY collects Personal Data about Clients:

✧ When a Client is booking or searching for a flight or any other product or service on the website or mobile application;

✧ When a Client books or searches for flights or other products or services through other sales channels (such as through agents or other brokers);

✧ When a Client contacts a BIRDY Service Representative or Sales Representative;

✧ When a Client travels with BIRDY and uses the airport in which it operates;

✧ If a Client uses a lounge provided by BIRDY’s partners or agents;

✧ When a Client responds to surveys or provides feedback to BIRDY;

✧ When a Client subscribes to one of the BIRDY Membership Programs;

✧ If a Client enters a contest or registers for a promotion; or

✧ When a Client decides to engage with BIRDY via social media.  

 

In addition, BIRDY may receive Personal Data about Clients from third parties such as:

✧ Companies providing products and/or services in connection with BIRDY’s services;

✧ Companies involved in the Client’s travel plans, including airport operators and relevant customs and immigration authorities; and

✧ BIRDY’s partner companies (such as car rental companies and hotels).

 

Personal Data necessary to execute, manage and/or deliver orders and/or orders placed through the website will be retained for as long as the Client may be able to place an order, provided that he/she has not indicated that he/she intends to cease being a Client of BIRDY or that his/her Personal Data will no longer be stored, subject to the 36 (thirty-six) months of the Client deadline for ordering through the website, on this date no personal data will be retained thereafter.

Improvement purposes

BIRDY processes the Personal Data of its Clients in order to provide them with an adapted and personalized service, in this case to ensure the most comfortable flight service possible and to provide other travel-related arrangements.

To this end, BIRDY uses Personal Data to, among other things:

✧ Process general questions asked by the Clients;

✧ Obtain feedback on its services and the services of third party suppliers, in order to improve and develop them;

✧ Deliver relevant messages and information that may be of interest to Clients before, during and after their trip;

✧ Personalize and tailor the travel experience;

✧ Participate in the training of its employees and thus participate in the improvement of its products and services;

✧ Geographically tracking Clients within airports (e.g., tracking security checkpoints) to facilitate flight connections and fast and efficient boarding of aircraft, as well as to provide personalized service; and

✧ Use facial recognition and related biometric technologies to facilitate passenger boarding.

Legal and Regulatory Obligations

BIRDY is subject to a number of legal and regulatory obligations under which Personal Information must be disclosed.

Indeed, BIRDY may be required to transmit and communicate the Personal Data collected (including data obtained from official photo identification documents) to competent authorities such as passport and border control agencies and competent police and customs authorities. BIRDY may also disclose Personal Data to make travel arrangements such as airport and immigration formalities.

It is understood that this communication is a legal obligation of BIRDY, which cannot avoid it, just as the Client cannot object to it.

Security Purposes

BIRDY will also use Personal Data to perform the following checks:

✧ BIRDY will ensure that the Client or any Passenger is not the subject or target of any economic or trade sanction law or regulation or travel ban by conducting due diligence on the Client’s background (sanctions and execution list data) to protect the rights, interests, property and safety of the Client and Clients;

✧ For general administration of records by BIRDY, which may include, for example, accounting and billing, auditing, credit or other payment card verification, fraud screening (including the use of credit reference agency searches and payment card validation checks), immigration and customs control, safety, security, health, administrative and legal purposes, and systems testing, maintenance and development; and

✧ To fulfill obligations and/or enforce rights under any contract between BIRDY and Client.

Further processing

In the event that Personal Data is further processed for purposes other than those for which the Personal Data was collected and as identified above, BIRDY will provide the Data Subject with prior information about such other purpose and any other relevant legal information required.

BIRDY may disclose Personal Data to the following entities:

✧ Aircraft operators, aircraft owners, private jet companies and airlines in general;

✧ The operating carrier (if BIRDY arranges for transportation by another carrier, that other carrier is the operating carrier as defined in the legislation governing air transportation);

✧ Third parties involved in the performance of BIRDY’s obligations in connection with any contact with the Client; and

✧ Authorized representatives (such as, but not limited to, employees, agents, mandatories) of BIRDY.

Third parties may also have access to Personal Data in the following cases:

✧ In the event of a legal or regulatory obligation to disclose Personal Data (US, European or otherwise)

✧ As part of contractual obligations between BIRDY and/or the Client and/or an Operator;

✧ In the event that BIRDY sells its entire business or assets, disclosure will be made only to the purchaser and its professional advisors;

✧ In the case of a due diligence exercise conducted on BIRDY by a potential investor or partner, disclosure will be made to the potential investor or partner and its professional advisors and will be subject to confidentiality protections to the extent possible;

✧ For security purposes to conduct due diligence or other background checks on the Client (sanctions and execution list data);

✧ For the protection of the rights, property and safety of BIRDY and its Clients (including by exchanging information with third parties for fraud protection and credit risk reduction purposes); and

✧ To facilitate travel arrangements, including other carriers and airport operators, customs and immigration authorities, agents or other brokers involved in travel arrangements, and global distribution system service providers that provide services to the Client or BIRDY, such as companies that provide airport handling, ground handling, catering, fuel, transportation, and flight personnel (pilots and cabin crew).

A number of legal and regulatory obligations are imposed to BIRDY whom is required to disclose Personal Data, such as official photo ID cards, to competent authorities, such as passport and border control authorities and competent police and customs authorities. BIRDY may also disclose Personal Data for travel arrangements such as airport and immigration procedures.

It is understood that this communication is a legal obligation of BIRDY, which cannot be avoided, just as the Client cannot object to it.

The Client is informed that BIRDY may transfer its Personal Data to a third country or to an international organization that is the subject of an adequacy decision issued by the European Commission, it being specified that, in the case of a transfer to a country or an international organization that is not the subject of an adequacy decision, this may only be carried out on condition that appropriate guarantees are put in place and that the Clients concerned have enforceable rights and effective means of recourse, under the conditions of the Regulations in force.

Security

BIRDY guarantees that it has taken all reasonable and necessary measures to secure the Personal Data of its Clients, in accordance with this Policy and with the obligations imposed by the RGPD and by any applicable Data protection-related regulations. To this end, a set of physical, electronic and management procedures have been put in place.

As such, a contractual obligation of confidentiality regarding Personal Data may be applied to all BIRDY employees who may have access to or be associated with the processing of such Personal Data; they may not disclose the identity of Clients, either orally or in writing, or even take or publish a photo of Clients (except for legal and regulatory obligations) without their explicit prior consent.

BIRDY shall however not be liable should any supplier disrespect these confidentiality principles within the frame of their own Terms & Conditions.

Storage

Personal Data will be stored and processed by BIRDY’s systems and may also be stored and processed by the systems of one or more designated third party data processors.

Transfer

Personal Data collected by BIRDY may be transferred to a destination outside the European Economic Area (“EEA“) and stored there. It may also be processed by employees operating outside the EEA who work for BIRDY or one of its suppliers.

By submitting their Personal Data through access, use and purchase of services from BIRDY, Clients agree to such transfer, storage or processing.

Despite the security systems and measures diligently put in place by BIRDY, the transmission of information via the Internet is not totally secure. Only once received by BIRDY the end data is secured by BIRDY. Consequently, any transmission is made at the sole risk and responsibility of the Client.

 

For core confidentiality reasons, and as the secure transmission of Clients’ personal data cannot always be fully guaranteed online, BIRDY does not ask for any personal data such as names, birth information, residence information, etc., with the exception of phone numbers (mandatory) and email addresses (optional) during the online booking request process, until the front-end information has been fully received by BIRDY.

BIRDY informs Clients that its website may contain links to and from the websites of its network of partners and affiliates.

The links lead to websites that are independent from BIRDY and that contain their own privacy policy and their own measures to secure Personal Data. The Client acknowledges that it is solely responsible for the confidentiality of its Data if it chooses to follow these links. BIRDY does not undertake any responsibility for the privacy policies of these third party websites.

The Client is strongly advised to consult the privacy policies of these websites before submitting Personal Data or using their services.

BIRDY warns its Clients that it reserves the right to record telephone conversations in order to reinforce its security, to enable it to deal efficiently with complaints, to improve its customer service and to train its staff.

The Client may be informed in advance of this recording by the broadcast of a message to this effect before the beginning of the conversation.

Access rights

The exercise of the access right allows the Client to be informed of the existence of Personal Data concerning him/her, to know how it is processed and to obtain communication of it in an understandable format, within the limits imposed by the regulations in force.

BIRDY undertakes to provide the Clients with access to their Personal Data at any time upon simple request.

In accordance with the provisions of the CNIL, BIRDY must be able to send a copy of the Personal Data held and inform the Client regarding:

✧ The purposes for which the data is used,

✧ The categories of data collected,

✧ The recipients or categories of recipients who may have access to this data,

✧ The length of time the data is kept or the criteria that determine this length of time,

✧ The existence of other rights (rectification, deletion, limitation, opposition),

✧ The possibility to refer to the CNIL,

✧ Any information related to the source of the collected data if they have not been directly collected from you,

✧ The existence of automated decision-making, including profiling, and the underlying logic, importance and consequences for you of such a decision,

✧ The possible transfer of your data to a third country (non-EU member) or to an international organization.

The Client has the possibility to check the accuracy of the data and, if necessary, to ask BIRDY to rectify or delete it.

Rectification right

If the Client believes that the Personal Data held about him/her is incorrect or is being used inappropriately, BIRDY undertakes to correct, complete, update, lock or delete it as appropriate.

The right to be forgotten

The Client may also request the deletion of his/her Personal Data, the restriction of the processing thereof, object to the processing and request the right to portability of the Data, in the following cases established by the applicable regulations with the CNIL:

The Data is used for prospecting purposes;

✧ The Data are not or no longer necessary for the purposes for which they were initially collected or processed;

✧ The Client withdraws his consent to the use of the Data;

✧ The Data is processed unlawfully (e.g. publication of pirated data);

✧ The Data was collected when the Client was a minor in the context of the information society (blog, forum, social network, website…);

✧ The Data must be deleted to comply with a legal obligation;

✧ The Client has objected to the processing of his/her Data and BIRDY has no legitimate or compelling reason not to comply with this request.

For more information on this subject, Clients are invited to contact us at compliance@birdy.aero.

The User is informed of the right to lodge a complaint with the supervisory authority which is the Commission Nationale de L’Informatique et des Libertés (CNIL): 3 Place de Fontenoy – TSA 80715 – 75334 Paris 07.

Any dispute related to this Policy and concerning BIRDY Private Jets SAS will be submitted to the exclusive jurisdiction of the competent court of Basse-Terre (Martinique) which will apply French law.

If this Policy is incorporated by reference into a contract having its own choice of law and jurisdiction, then any dispute related to this Policy will be subject to the jurisdiction and applicable law of that contract.

The Client also has the right to file a complaint with a supervisory authority established in the EEA. A list of contact details for supervisory authorities within the EEA is available here.

If any part of this Policy is found to be invalid or unenforceable for any reason by a court or governmental authority of competent jurisdiction or by a supervisory authority, then that part shall be deemed invalid and the remainder of this Policy shall remain in full force and effect.

The Client may withdraw his consent to the processing of his Personal Data by BIRDY at any time.

However, by doing so, BIRDY may no longer be able to provide all or part of the products or services requested.

For example: if the Client books a flight with BIRDY and prior to the flight withdraws his or her consent to the processing of certain Personal Data necessary for the execution of that flight, BIRDY will not be able to provide the flight.

In these circumstances, BIRDY warns the Client that he/she will not be able to obtain a refund of any fees or amounts already paid.

On the other hand, consent may be withdrawn for the sending of commercial communications without any impact.

More information about your rights under the GPDR is available here.