Privacy Policy

Effective date: 01/01/2022
Last revised date: 01/11/2021

General Information

BIRDY undertakes to respect the Client’s privacy and to protect his/her Personal Data.

  1. DEFINITIONS

In the present Privacy Management Policy (hereinafter the “Policy“), the following terms are deemed to have the meanings attributed to them: “BIRDY” refers to BIRDY Private Jets SAS, a company incorporated in Saint Barth, registered with the RCS of Basse-Terre under number 908 571 987 and whose registered office is located at Carrefour les 4 Chemins, Marigot – 97133 Saint Barthelemy FWI. The “Client” refers to the person who subscribes to the service offered by BIRDY and provides Personal Data. The “Personal Data” shall be understood as any information related to an identified or identifiable natural person, within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter the “GPDR“) and of Law n°78-17 of January 6, 1978. The “Data Controller” is the legal or natural person who determines the purposes and means of a processing operation, i.e. the purpose and manner of carrying it out. In the present document, it is BIRDY, whose referent establishment for the purposes of the GPDR is fully reachable at compliance@birdy.aero.

  1. APPLICABLE LAW

BIRDY undertakes that the collection, storage and processing of Personal Data will be carried out in accordance with this Policy and all laws and regulations related to the protection of Personal Data that are applicable to BIRDY (including, without limitation, the GPDR). BIRDY also undertakes to comply with the terms and conditions related to the protection of Personal Data included in any existing agreement or contract between the Client and BIRDY.

  1. USE OF DATA

The Personal Data requested by BIRDY from the Client will be used in accordance with this Policy. In this case, Personal Data will be used in relation with the interaction between the Client and BIRDY:

  • at various stages of the relationship, including only as a prospective Client;
  • for all requests made to BIRDY, whether during the trip, the booking of the trip (through BIRDY’s website or through third parties) or during the use of other related services offered by BIRDY ;
  • whether the use of BIRDY’s services is occasional or regular (in particular through membership or the conclusion of a contract for the supply of products or services).
  1. DATA RETENTION DURATION

BIRDY retains Clients’ Personal Data for the above purposes in accordance with the retention periods set forth by Applicable Law.

  1. HIERARCHY

All products and/or services purchased by the Client from BIRDY are subject to their own terms and conditions, which must also be read and accepted by the Client. If this Policy is associated with the terms and conditions of such products or services (such as, but not limited to, the terms and conditions of the Aircraft Charter Brokerage Agreement, the BIRDY Terms and Conditions, or the Terms and Conditions of Use and Privacy Policy of BIRDY’s operators), the terms and conditions of such products or services take precedence.

  1. EFFECTIVE DATE

The present Policy is effective on the “Effective Date” which appears at the bottom of this Policy, the last update date of which is referred to as the “Last Review Date“.

  1. MODIFICATIONS

BIRDY reserves the right to change the present Policy at any time in its sole discretion, taking immediate effect upon updating the present page. The Clients will receive a notification of the update personally or on the website at BIRDY’s sole discretion. The Clients are requested to check this page periodically for any changes. Once the Client accesses, uses or purchases any products and/or services offered by BIRDY or provides Personal Data to BIRDY in any way, the changes made will be deemed accepted by the Client by default. BIRDY reminds you that the Client’s use of its services is entirely voluntary. Therefore, the Client is advised to read this policy carefully and if he/she does not agree with any part of it, please do not access, use or purchase BIRDY’s products and/or services.

  1. CONTACT

If the Client has any questions regarding this Policy or its implementation, the Client is invited to contact BIRDY at compliance@birdy.aero or alternatively at BIRDY Private Jets SAS, Carrefour les 4 Chemins, Marigot – 97133 Saint Barthelemy FWI.

 

How does BIRDY use cookies?

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

What types of personal data does BIRDY collect?

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.

 

When, and why, do we collect sensitive personal data’?

Certain categories of personal data, such as that about race, ethnicity, religion or health, are considered “sensitive personal data” in terms of applicable law. Sensitive personal data will only be processed where:

  • you have requested specific medical assistance from us and/or an airport operator, such as the provision of wheelchair assistance or oxygen, or,
  • you have sought clearance from us to fly with a medical condition or because you are pregnant, or,
  • you have otherwise chosen to provide such information to us (or a third party such as the agent or other broker through which you made your booking).

By providing any personal data that is, or could be considered to be “sensitive personal data”, you explicitly agree that we may collect, use, share with third parties and transfer such data, within and outside of the European Economic Area, in accordance with this Policy.

When does BIRDY collect personal data about you?

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 book or search 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 provide feedback to BIRDY;
  • 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’ services;
  • Companies involved in the Client’s travel programmes, 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.

How is your personal data used by BIRDY?

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.

Who might BIRDY share your personal data with?

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.

When will BIRDY send you marketing communications?

BIRDY made the choice not to send marketing communications to its Clients.
If you are not yet a Client, you may receive or have received prospection emails from us, or from third parties on its behalf. These emails will always provide an opportunity to unsubscribe from receiving further marketing communications.
If the Client has previously consented to BIRDY using their information for direct marketing purposes, this consent can be changed at any time by emailing compliance@birdy.aero.

Provision of third-party information

If the Client provides Personal Data concerning a third party to BIRDY, the latter guarantees:

  • To be appointed and mandated to act on his behalf;
  • To be designated and mandated to consent to the processing of his Personal Data;
  • To have informed the third party of BIRDY’s identity and of the content of this Policy, including the conditions of processing of the Personal Data.

 

Security, storage, and transfer

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.

Web leaks of information

Despite the security systems and measures diligently put in place by BIRDY, the transmission of information via the Internet is not totally secure.

As a result, the secure transmission of Clients’ personal data to BIRDY cannot be fully guaranteed. 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.

 

Links to third party websites

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.

 

Phone conversations

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

 

How to access, review, transfer and delete your personal data

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.

 

Applicable law, jurisdiction, claims & severability

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.

 

Withdrawal of Consent

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.

 

Further details

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

© BIRDY Private Jets ® 2021-2023