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Privacy Notice

Last update: August 02, 2018.

In compliance with the regulation of the applicable State, and Regulation 2016/679 of the European Parliament and on the Council of April 27, 2016, related to people protection, processing of personal data of European Union residents (hereinafter, the “data protection rules”), we hereby make this Privacy Notice available to you, and inform you the following:

 

1.- Data Controller.

Aerovías de México S.A. de C.V. (hereinafter “Aeromexico”), which address to hear and receive notices is Calle Cedaceros número 10 6° Planta C.P. 28014, Madrid, Spain, is responsible for the processing and protection of your personal data and/or such of the persons that, together with you, fly with us.

 

2.- Information on our privacy officer and how to contact her.

Our privacy officer is the person inside Aeromexico that in compliance with our data protection regulation, has been formally appointed to:

  • Process clients’ applications for the exercise of their rights.
  • Foster and look after personal data in our possession.

For all matters related to the processing and protection of personal data, you may contact our privacy officer by e-mail at the following address: amdatospersonales@aeromexico.com

 

3.- Personal data collected by us.

For purposes of item 4 (four) hereof, we will collect the following categories of personal data: (i) ID; (ii) contact; (iii) financial and (iv) sensitive information.

This information is the strictly necessary to achieve the purposes set forth in number 4 (four). Therefore, denial to provide it may imply that we are not able to procure such services requested or hired with us.

You guarantee Aeroméxico the veracity of your personal data and such of your companion, which has been provided by you, and the company reserves the right to exclude you and your companion from the services hired and/or products acquired in the event that personal data provided is false or fraudulent, regardless or the actions provided by law.

In connection with sensitive data, we inform you the following:

 

3.1.- Sensible Personal Data.

We do not collect sensitive personal data through third parties or direct or indirect means, but only upon your providing with it personally. Such data is collected in order to bring you the proper attention regarding air transportation service, such as travel assistance and support; priority boarding and exiting the aircraft; wheelchairs in their different modalities; therapeutic oxygen cylinders; use of respiratory aid devices; driving to, and boarding the aircraft, moving to your seat, exiting and moving to baggage claim. The legal provision for the processing of this data is compliance with the legal obligations, as well as the legitimate interest of our company to guarantee the security of our passengers.

In that regard, sensitive personal data of passengers flying with us, is:

  • Health condition of passengers, this is, medical conditions that shall be considered to fly, at the opinion of the treating health expert.
  • Existence of disabled and/or reduced mobility passengers.
  • In case of pregnant women, information to know their gestational period.
  • Medical certificate for ticket reimbursement applications for not flying with us for health reasons.

 

3.2.- Personal data of minors and legally incapable persons.

We hereby inform you that it is of our special interest to take care of minors and legally incapable persons’ personal data.

Minors’ personal data shall be provided to Aeromexico, without exception, by the father, mother or tutor, and shall be treated and protected under strict security and confidentiality measures.

 

3.3.- Third Parties’ personal data.

In the event that you provide us with third parties’ personal data, you shall have prior consent of the owners thereof, and inform them of the existence of this Privacy Notice, available at our website, in order that they may know the circumstances of the processing of their personal data by Aeromexico.

All personal data collected is treated under strict security measures ensuring confidentiality thereof, and making reasonable efforts in order that its processing period is the minimum indispensable to comply with the abovementioned purposes set forth in this Privacy Notice.

 

4.- Purpose of personal data collection processing, legal basis and preservation periods.

Below we indicate the different purposes for which Aeromexico treats your personal data, the legal basis that legitimate the processing of your data, and the periods during which we will preserve it:

  • Manage quotes, reservations, cancellations and national or international ticket sales with us. The legitimizing basis of such processing is the procurement of air transportation services hired by you.

Aeromexico will preserve such personal data for such purposes within a maximum period of 5 years, or during the time in which any legal liability derived from such service may arise.

  • Provide you with the information related to air transportation service hired, such as issuance of tax receipts for payment of such air transportation service hired; notify you of flight delays, cancellations and confirmations, contact you to choose your preferred menu onboard. The legitimizing basis of such processing is the procurement of air transportation services hired by you.

Aeromexico will preserve this personal data during a maximum period of 5 years; or during the time in which any liability arising therefrom may arise.

  • Offer you services related to the air transportation services hired, such as baggage collection or search and delivery of delayed or forgotten baggage; Prevention, investigation and attention of fraudulent activities and/or any other kind of criminal activity. The legitimating basis of such processing is the procurement of air transportation services hired by you.
  • Aeromexico will preserve this personal data during a maximum period of 5 years, or during the time in which any liability arising therefrom may arise. 
  • Provide and develop other additional services hired, such as process their entry into Premier Lounges. The legitimating basis of such processing is the procurement of additional services hired by you.
  • Aeromexico will preserve this personal data during a maximum period of 5 years, or during the time in which any liability arising therefrom may arise. 
  • Facilitate immigration and entry process. The legitimating basis of such processing is the fulfillment of the company’s obligations.

Aeromexico will preserve this personal data for such purposes during the legal required term.

  • Contact you, even by electronic or telephonic means, to make evaluation surveys and follow-up on air transportation services brought to you. The legitimating basis of such processing is our legitimate interest to improve our services and/or products.

Aeromexico will preserve this personal data for such purpose, until termination of the service quality survey.

Assist with advisory and consultancy, complaints, clarifications through chat and/or any other means, considering that telephone calls may be recorded for quality purposes of service. The legitimating basis of such processing is our legitimate interest to improve our services and/or products.

Aeromexico will preserve this personal data for such purpose, until termination of the service quality survey.

  • Comply with security, management and/or legal requirements of the company, such as document transportation information of an unaccompanied minor, fill in the “Passenger and Crew Incidents and Accidents” form, if necessary. The legitimating basis of such processing is the fulfillment of Aeromexico’s obligations.

Aeromexico will preserve such personal data for such purpose while investigating the accident, and, should it be considered appropriate, observe security criteria required by the applicable law and Aeromexico’s security criteria, as well as during the legally required term of preservation of documents related to passenger transportation.

 

  • Detect, investigate and prevent illegal or fraudulent activities during the flight or boarding process. The legitimating basis of such processing is the legitimate interest of our company to guaranty passengers, crew and any other person’s security.

Aeromexico will preserve such personal data for such purpose for a period no longer than 2 years as of performance of the activity underlying a fraud or crime, except that there has been currently detected a fraud attempt, an actual fraud or illegal activity, in which case Aeromexico will preserve the data during the period required to investigate, prevent and avoid fraud or illegal activity, except that the affected subject exercises its Opposition Right, in which case admissibility thereof will be analyzed.

  • Guarantee the security of transactions carried out through our webpage, verifying credit or debit cards or other forms of payment in the purchase processes of our services and/or products. The legitimating basis of such processing is the legitimate interest of our company to prevent fraud and identity theft in the purchase process of our services and/or products, looking after the security and confidentiality of such transactions.

Aeromexico will preserve such personal data for such purpose for a period no longer than 2 years as of performance of the activity underlying a fraud or crime, except that there has been currently detected a fraud attempt, an actual fraud or illegal activity, in which case Aeromexico will preserve the data during the period required to investigate, prevent and avoid fraud or illegal activity, except that the affected subject exercises its Opposition Right, in which case admissibility thereof will be analyzed.

  • Process recommendations, claims, requests, consultations and information demands of any kind addressed by you relating to your flight and/or products or services hired, such as discounts, claims or reimbursements, request of compensation coupons for any operative irregularity in any of our flights, if applicable. The legitimizing basis of such processing is the fulfillment of Aeromexico’s obligations, as well as procurement of air transportation services hired by you.

Aeromexico will preserve such personal data for such purpose for a period no longer than 5 years, or during the time in which any liability related to recommendations, claims, demands, consultations and information demands may arise.

  • Contact you, even through electronic means, to inform you of products, services of our own or third parties’ that may interest you, as well as to know your opinion and experience of the flight taken. The legitimizing basis of such processing is Aeromexico’s legitimate interest in improving our commercial offer.

Aeromexico will preserve such personal data for such purpose for a 3-year period since you logged in as registered user for the last time to our webpage or used our services.

 

5.- Personal data communications and international transfers.

  • For the achievement of purposes set forth in number 4 (four) hereof, your personal data may be communicated to the following third parties: International companies with which we have a shared code and/or that are part of the Sky Team alliance or any other international organization, in order to procure you air transportation service or grant you benefits.
  • Latin American and Caribbean Air Transportation Association (Asociación Latinoamericana y del Caribe de Transporte Aéreo) (ALTA), with whom we have executed an agreement of your interest, since this transfer is intended to prevent fraudulent credit card transactions. Only your e-mail and the first 6 numbers of your card are transferred.
  • The Universal Air Travel Plan, Inc. (UATP), to prevent or attend fraudulent corporate prepaid card transactions. UATP may transfer such information to the airlines affected by fraudulent activities. Your personal, financial, patrimonial or sensitive information will not be transferred.
  • Sabre Sociedad Tecnológica, S. de R.L. de C.V., Sabre Travel Network, and companies of the same group, in order to effect air tickets reservations. Aeroméxico uses these companies’ systems for such purposes. Companies or institutions with whom we have or will execute an agreement of your interest, in order to grant you benefits.
  • National or foreign third parties with whom we have executed an agreement of your interest, as required to inform you, follow up and pay you the applicable amounts arising from admissible claims. It is necessary that the responsible receptor may identify and contact you.
  • Rental car companies, in order to procure you ground transportation, provided that you decided to hire such service.
  • Origin, connection and destination airport to document transportation data of an ill person, pregnant woman or unaccompanied minor.
  • Foreign governmental authorities, either directly or through legal representatives, in order to attend your requirements on passenger registration.
  • Restaurants and/or hotels, in order to give you food, and/or lodging compensation in the event that you have been affected by any operative incident.
  • Airlines with access to World Tracer (baggage tracking system) and courier companies, to make the search of the delayed baggage or of its owner, as well as to deliver such baggage.
  • Migration and customs of the country of origin and destination countries, in order to comply with the applicable legal provisions.
  • Authorities, in order to comply with legal provisions, as well as for clarification of incidents or exercise of any right.
  • Companies of Grupo Aeromexico, operating under our same processes and internal policies, in order to bring you a better service and to comply with our internal regulations.

Communication of your personal data is legitimated on the following:

-       to fulfill our company’s legal obligations.

-       to guaranty our legitimate interest.

-       processing of data necessary for the execution of the agreement of which you are a party to or for the application of pre contractual measures.

Likewise, through the marking of the applicable field, you authorize us to communicate your id personal data and contact to third parties, in order that they send you, even through electronic means, information and advertising on products and services of other activity sectors related with our own products and services, particularly on the following areas: financial, insurance, rental and sale of vehicles, hotel, travel agencies, touristic operators, restoring, touristic, sports and leisure, related to air transportation.

The consent granted, if applicable, by you to communicate your personal data to third parties may be revoked at any time, by sending an e-mail to our Privacy Officer, who will inform you of the applicable procedure to exercise your right.

It is possible that some companies or third parties mentioned before, to which Aeromexico may communicate your personal data, are located outside the European Union, in which case, Aeromexico may adopt the following guaranties in order that you have enforceable rights and effective legal actions.

Additionally, Aeroméxico may grant access to personal data of which it is responsible, to service suppliers that, acting as person responsible of processing thereof, require such access for the procurement of services hired by the company, and such suppliers may not, under any circumstance, use such data for any other purpose, or assign them to third parties. It is possible that some of the abovementioned suppliers are located outside of the European Union, in which case Aeromexico will guarantee also the adoption of the proper guaranties.

 

6.- Personal data protection rights

In terms of the applicable law, you have the right to know what personal data we have, what it is used for and its conditions of use (Access). Likewise, it is your right to request the correction of your personal information in case that it is not updated, if it is inaccurate or incomplete (Rectification); that we erase it from our records or data bases when you consider it is not being used properly (Cancellation); as well as oppose to the use of your personal data for specific purposes (Opposition); limit the processing of your data (Limitation), as well as the portability right thereof, and not to be subject to automated decisions. Likewise, you may revoke the consents granted.

To exercise any of your rights, you shall submit the relevant application together with your id documentation by e-mail addressed to our Privacy Officer, who will inform you of the procedure and requirements for the exercise of such rights, response periods, the manner in which we will make your right effective, and assist you with any inquiry, complaint or comment in connection with the foregoing.

Likewise, you may request your inscription to “Aeromexico’s Advertising Exclusion List”, in order that we do not use your information for advertising or marketing purposes.

 

7.- Guardianship of the Data Protection Authority

If you consider that your right to protection of your personal data has been breached by any conduct or omission of ours, or you claim any breach to the regulation of personal data protection, you may communicate your inconformity or file any claim before the Transparency, Access to Information and Personal Data Protection Institute (INAI for its initials in Spanish) or Competent European Authority, if you are a European resident. For further information on the protection of such Authorities, we suggest that you visit their official internet websites.

 

8.- Amendments to this Privacy Notice.

We reserve the right to amend or update this Privacy Notice observing legal novelties, internal policies or new requirements for the procurement or offering our services or products. The updated version hereof will be available to the public through the following means:

  • Visible announcements in our establishments.
  • At our Internet website, which we suggest you to visit frequently.
  • We may send it to the last e-mail provided by you.

The procedure regarding the notice through our website, is the following: (i) Visit www.aeromexico.com. In case of modifications or updates to this Privacy Notice, there will be a notice informing thereof; (ii) click on the Privacy Notice link; (iii) you will find the current version with the last update