This policy supplements the Site's general terms and conditions, of which it forms an integral part, to inform you about the processing of personal data on the Site.
Capitalized terms refer to the following definitions:
The "Company" or "we" refers to the company registered under n°CHE-435.365.102, and domiciled Place de la Riponne 3, c/o Multifiduciaire Léman SA, 1005 Lausanne. Switzerland
The "Site" refers to the Internet site(s) accessible from the URL link https://delayedflyer.com and any sub-sites providing access to a content consultation area, an area reserved for customers, etc., which are provided by the Company.
"You" refers to the persons concerned by the Processing carried out on the Site (users, prospects, customers, etc.).
The"Policy" refers to this privacy policy.
Data" means any information about an identified or identifiable natural person (the"data subject"), directly or indirectly, in particular by reference to an identifier (name, identification number, location data, online identifier, etc.) or to one or more elements specific to his or her identity.
Processing" refers to any operation applied to Data (collection, recording, organization, storage, adaptation, communication by transmission, dissemination, deletion, etc.).
A " Data Controller " is the person who, alone or jointly with others, determines the purposes and means of processing, and a "Data Processor" is the person who processes Data on behalf of the Data Controller. On the Site, unless otherwise stated, we are responsible for processing Data.
A " Recipient " is the natural or legal person, public authority, department or any other body that receives communication of personal data, whether or not it is a third party.
The " Regulations " means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (''RGPD''); Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms; the rules applicable to commercial prospecting set out in the French Post and Telecommunications Code, and more generally the laws and regulations applicable to the Data Processing that we carry out.
The Site presents our Company's activities and various forms (contact, newsletter subscription, etc.). By completing the forms and communicating with us via the Site, you transmit the following categories of information to us:
- Identity data: title/gender; surname; first name; and, optionally, we may ask for your date of birth in order to propose birthday offers;
- Data required to compile a compensation file: flight information, file number, flight departure and destination, information on any accompanying passengers and any other information required to provide the service on our website
- Contact and correspondence data: e-mail address; postal address (address, zip code, town); telephone number; in the event of a customer service request, the nature and content of your request.
- Opinions and contributions : pseudonym, date of the opinion, content of the opinion, product or service concerned, profile photo attached to the opinion, if applicable; The Company may enrich its Site by collecting and republishing opinions and contributions issued by its customers on other sites (in particular social networks) when these contributions are freely accessible to the public;
- Data required for loyalty-building, prospecting, research, surveys, product testing and promotional activities;
- Data relating to the organization and processing of contests, lotteries and any promotional operation;
- Data collected for the purpose of exercising rights enshrined in regulations.
In accordance with our legitimate interests, and where necessary for the execution of pre-contractual measures taken at your request or of a contract, we process the above-mentioned Data for the following purposes:
- Presentation of the Company's products and services;
- Management, processing and follow-up of requests and exchanges with the Company, via the Site (if necessary by offering you a chatbot, a call reservation tool, etc.);
- Prospect relationship management;
- Management of people's opinions on the Company's products, services or content;
- Canvassing and/or sending information, management of technical canvassing operations, selection of persons to carry out loyalty actions, canvassing, surveys, product testing, etc;
- Organization of contests, lotteries or any promotional operation on the Site.
Data used for the management of commercial prospecting is kept for a maximum of three years from the last active contact from the prospect or customer, and earlier if you withdraw your consent to receive messages from us. Notice and contribution data is kept for the duration of public access to the notice on the Site.
In accordance with our legal obligations, identity and contact data will also be processed for the following purposes:
- Updating of its canvassing files by the organization in charge of managing the opposition list to telephone canvassing, in application of the provisions of the French Consumer Code
- Management of requests for rights of access, rectification and opposition, and more generally of the rights described in the Policy.
The Site allows you to make online service requests, which leads us to Process the following Data:
- Identity and contact data
- Data concerning the flight concerned by the service request, as well as any passengers involved
- Data relating to the contractual and commercial relationship</strong: Details of order content; Pre-contractual and order-related exchanges (purpose, date...); Communications with the Company.
This information is necessary for the management of our customer-prospects file, and more specifically for the following purposes in accordance with our General Terms and Conditions of Sale accepted at the time of ordering on the Site and with our legal obligations:
- To carry out operations relating to the management of files concerning: requests; the provision of service; legal and commercial guarantees; accounting and follow-up of the commercial relationship (after-sales service) including opinions on the Company's offers;
- Preventing and combating fraud and payment fraud, in particular credit card fraud;
- Management of unpaid invoices and disputes, on condition that they do not concern offences and/or that they do not lead to the exclusion of a person from a right, service or contract.
Retention periods. The personal data we process is kept for the periods shown in the table below.
| Data concerned | Retention period |
|---|---|
| Data processed for commercial prospecting purposes | 3 years from the prospect's last active behavior or the collection of the Data |
| Data required to process your order and manage contractual and commercial relations | 3 years from the customer's last active behavior or, failing that, from the end of the contractual relationship. For accounting documents (purchase orders, delivery notes, customer invoices): 10 years from the end of the financial year |
| Purchase orders under 120.00 euros | 5 years from contract conclusion. |
| Purchase orders over 120.00 euros | 10 years from date of delivery or service. |
| Bank details: in case of single payment | 13 months for payment cards with immediate debit and 15 months for payment cards with deferred debit from the debit date (for the purpose of responding to any dispute) |
| Bank details: for tacitly renewable subscriptions | 13 months for payment cards with immediate debit and 15 months for payment cards with deferred debit, from the date of debit of the last payment due at the end of the subscription period (for the purposes of responding to any disputes) |
You can request compensation for delayed or cancelled flights on the Site.
The legal basis for Processing for the provision of digital services is contractual.
For this purpose, we may process the following Data:
- Service access account data: ID and password, which may be automatically recorded on the Site only if you consent to this via your browser settings, and access area connection information (IP address, connection time, connection duration, use of any tools available from this dedicated area, etc.) - Compensation request data: Information on flights and passengers (flight departure and arrival, delay time, airports, accompanying passengers, etc.).
Purchase and use of flight data
Purchased data: We purchase information from third parties on delayed or cancelled flights over a given period. This data is not private and is combined with personal data.
Eligibility: Our form is only used to inform customers of possible claims. The compensation service is then offered for eligible claims.
Consent of accompanying passengers
Consent obligation: You must ensure that all accompanying passengers have given their explicit consent to the sharing of their personal data with our organization, in accordance with data protection regulations.
Communication of privacy policy: You must also communicate our privacy policy to accompanying passengers so that they are fully informed about the processing of their data.
Additional information and documents
Request for information: We may ask you for additional information and documents for accompanying passengers.
Consequences of refusal: If you or an accompanying passenger refuses to provide such information and/or documents, we will not be able to provide our services to that passenger. Their personal data will then be deleted from our databases.
In accordance with our legitimate interests, this Data may also be analyzed in order to improve our services.
We only share your personal data with third parties in the following cases:
Under no circumstances do we sell your personal data to third parties.
If you wish to exercise any of the above rights or require further information, please contact the Company at help@delayedflyer.com or by post at the Company's registered office address shown at the top of this page.
In accordance with the law, you have the following rights with regard to your Data:
- Right of access to your Data, including the right to request a copy, and to the information provided in this privacy policy (art. 15 RGPD). Where the legal basis for data processing is our legitimate interests, you have the right to request information relating to the balancing we have carried out between the interests of our customers and those of the Company prior to such processing.
- Right to rectification (art. 16 RGPD) and updating of your data held by us.
- Right to erasure of your Data (art. 17 RGPD) when the data is no longer necessary for us, you have withdrawn your consent to its Processing (if it was based on our consent) or you object to Processing based on our legitimate interest or Processing carried out for canvassing purposes or for profiling purposes related to canvassing.
- Right to withdraw your consent at any time (art. 13-2c RGPD) for all data processing based on the legal basis of your consent. Furthermore, with regard to commercial prospecting, you have the option of unsubscribing from our mailing lists at any time by clicking on the unsubscribe link present in our communications or by contacting us to stop receiving solicitation messages.
- Right to the limitation of Processing, which, unless there is a compelling reason, can no longer be implemented without your consent (art.18 RGPD) when:
- You dispute the accuracy of the data, for the time necessary to verify it,
- If the data processing is unlawful but you object to the deletion of the data and opt instead for the limitation of processing,
- When we no longer need the data but they are still necessary for you to establish, exercise or defend your legal rights. When you have objected to processing based on our legitimate interest, for the time necessary to balance our respective interests.
- Right to portability of Data directly provided by the data subject where they are subject to automated processing based on your consent or on a contract (art. 20 RGPD). This right means that you have the possibility of requesting the communication of this Data in a structured, commonly used and machine-readable format so that it can be communicated to another data controller.
- Right to object (art. 21 RGPD) to the Processing of your Data where such Processing has as its legal basis our legitimate interest.
- Right to define the fate of your Data after your death (art. 40-1 of Law 78-17 of January 6, 1978) and to possibly choose a trusted third party to whom the Company should entrust them.
You can also obtain more information on the CNIL website.
In the event of a request, the Company reserves the right to ask you to specify your request and to provide proof of identity (which will be kept for one year in the event of exercising the right of access or rectification, and for three years in the event of exercising the right of opposition). If you are not completely satisfied with our response, you can always lodge a complaint with the authority responsible for controlling and protecting your personal data (in France, the CNIL).
Commitments. Means for the effective deletion of Data are put in place as soon as the retention or archiving period necessary for the fulfillment of the determined or imposed purposes is reached, in particular after deletion of your account with our Company or at the end of your contract with our Company.
Minimization. In any event, Data subject to Processing is not kept beyond the time required to fulfill the obligations defined when the contract was concluded, or imposed by current legislation. Beyond that time, it may be anonymized and stored for statistical purposes, in particular in aggregate form.
Litigation. Likewise, we may archive information demonstrating the performance of our contractual obligations until the expiry of the prescription/forclosure periods applicable to legal actions, in order to defend our interests before the courts in the event of subsequent litigation. This applies in particular, but not exclusively, to the periods stipulated in the French Commercial Code, Civil Code and Consumer Code.
Obligations. We undertake to ensure that any data recipient presents sufficient and appropriate contractual guarantees to respect your rights, so that the processing meets the requirements of the RGPD where this regulation applies (particularly with regard to subcontracting). On the basis of our legal obligations, your Data may be disclosed in application of a law, regulation or by virtue of a decision by a competent regulatory or judicial authority.
The information you give us is for internal use by authorized persons, is strictly confidential and may not be disclosed to third parties, except under the conditions provided for by the Regulations in the event of express agreement or if you have decided to make it public.
Subcontracting. Our external service providers (e.g. suppliers, carriers, etc.) may, in the context of the processing described above, receive personal data when this is necessary for the performance of their mission.
Transfers outside the EU. We undertake to ensure compliance with applicable regulations relating to the transfer of data to countries outside the European Union, in particular in the following ways:
- When the country of destination does not benefit from an adequate level of protection, we use transfer tools that comply with regulations (notably the European Commission's standard contractual clauses)
Aggregation of non-personal data. We may publish, disclose and use aggregated information (information relating to site users, prospects, customers, etc.) which we combine in such a way that no natural person is individually identifiable. This processing is carried out in accordance with our legitimate interest for statistical purposes, sector and market analysis, presentation of our activities, promotional and advertising purposes and other commercial purposes.
Commitments. We undertake to implement appropriate technical and organizational measures using physical and logistical security measures to limit the risks of accidental, unauthorized or illegal access, disclosure, alteration, loss or destruction of your personal data.
Warning. We invite you to be careful about what you decide to make public on the Internet. This applies in particular to personal data, including data relating to your private or sensitive life , made public at your initiative or deduced from your contributions, comments and statements of any kind whatsoever on the Site, or on social networks in groups and/or conversations with other users of the Site.
Https protocol. The URL address of the Site is accompanied by a closed padlock or a key appears in the bottom right-hand corner of your browser, indicating the existence of the Https security protocol, applicable to data storage in particular. This means that you are in a secure browsing zone, particularly when you are asked for your credit card number.
Data breach. In the event of an event leading to the realization of the risks of modification, disappearance or unauthorized access to Data, we undertake to:
- Examine the causes of the incident;
- Take the necessary measures to limit the negative effects and damage that may result from the incident;
- Notify the competent authority and/or the persons concerned of the incident as soon as possible if this is required by law.
Under no circumstances may the commitments defined in the above point be assimilated to any recognition of fault or responsibility for the occurrence of the incident.
Mandatory or optional. On the Site, you are informed of the compulsory nature of the answers by the presence of an asterisk or any other type of mention. In the event of an incomplete request (e.g.: on-line registration or order, request for information, etc.), the Company reserves the right to request additional information or to prevent the form concerned from being validated by any technical means.
Hypertext links. The Site may provide links to sites, applications and services other than its own, which may be operated by third-party companies. We are not responsible for the processing of personal data carried out by these third-party sites, or the sites linking to the Site, whose personal data protection policies the user is invited to consult for further information. The Policy applies solely to the Company's activities, and the Company shall not be held liable for any failure by a third party to comply with its obligations with regard to the protection of personal data.
Scope of application. The Policy is not exhaustive and we reserve the right to supplement it by any means.
Language. The Policy is written in French. Should it be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
Non-waiver. The temporary or permanent non-application of one or more clauses of the present Policy shall not constitute a waiver of the other clauses of the present Policy, which shall continue to have full effect.
Modifications - Updates. We reserve the right to modify this privacy policy. The persons concerned will be notified when this is provided for by the applicable regulations. The update date is indicated in the header and we invite you to consult it regularly.
European Union Regulation (EC) no. 261/2004
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