I INTRODUCTORY PROVISIONS
This Policy is adopted on the basis of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Official Journal of the EU L 119/1, hereinafter: the Regulation) and on the Act on Implementation of General Data Protection Regulation (Official Gazette 42/18, hereinafter: the Act), in order to explain in more detail our processing of data subjects’ personal data and to specify the rights of data subjects and all other important issues related to our processing of personal data.
II WHO WE ARE
The company Jung Sky d.o.o. with its registered office in Zagreb, Strojarska cesta 20, OIB: 27095944238, was entered in the court register of the Commercial Court in Zagreb under number (MBS): 080713769 (hereinafter: Jung Sky). More information about us can be found on the websites https://www.jungsky.hr/hr and https://vipcation.eu/ (hereinafter: Websites).
III WEBSITES AND COOKIES
The website https://www.jungsky.hr/hr is the official website of the Jung Sky airline where you can get all information about us and our services. In addition, Jung Sky has another website https://vipcation.eu/ which offers a specific service called Vipcation, as explained on that website.
IV HOW TO CONTACT US
You can contact us by:
- filling in the contact form on our websites
- e-mail: email@example.com
- postal service at this address: 10000 Zagreb, Strojarska cesta 20.
V PURPOSE OF THE POLICY
The purpose of this Policy is to explain our processing of personal data, and more precisely:
- whose personal data is collected;
- how personal data is collected;
- what are the purposes of data processing;
- what are the legal grounds for processing;
- how long is the personal data retention period;
- who can access collected data and under what conditions;
- what are data subjects’ rights with regard to the processing;
- other important issues related to the processing of personal data.
Processing of personal data includes each procedure connected with collection, recording, organisation, storage, alteration, retrieval, use, dissemination, updating, combination, restriction, erasure, destruction and all other similar activities the subject of which is the personal data of one or more natural persons.
VI DATA PROCESSING PRINCIPLES
Jung Sky airline company applies the following data processing principles:
- lawfulness, fairness and transparency (your data are processed lawfully, fairly and in a transparent manner in relation to you);
- purpose limitation (your personal data are collected only for specified, explicit and legitimate purposes and they cannot be further processed in a manner that is incompatible with those purposes);
- data minimisation (we collect only personal data that are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed);
- accuracy (we are using all appropriate measures to make the data that we process accurate and, where necessary, kept up to date; personal data that are inaccurate shall be erased or rectified without delay);
- storage limitation (your personal data are kept in a form which permits identification of data subjects for no longer than is necessary and for the purposes for which the personal data are processed);
- integrity and confidentiality (personal data are processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical and/or organisational measures).
VII TERMS USED IN THE POLICY AND POLICY SCOPE
In order to make this Policy as clear as possible, below we provide an explanation of frequently used terms:
- “potential client” is a person interested in Jung Sky services;
- “passenger” is a person entitled to Jung Sky transportation services and any additional services under the terms of the contract;
- “customer” is a person who has contracted services with Jung Sky airline on their own behalf or on behalf of a passenger (e.g. a parent for their child, a legal representative for an employee or a director of that legal entity);
- “business associate” is a natural or legal person with whom Jung Sky has developed a business relationship (e.g. brokers who forward us your requests for our services, catering services that supply food and beverages we serve on our flights, marketing agencies, hotels where we organize accommodation for you, law firms, etc); Jung Sky has signed a business cooperation agreement with all business associates, as well as an agreement that regulates data processing carried out by any of the parties;
- “broker” is a person who has a regulated business relationship with Jung Sky and acts as an intermediary between the customer and the passenger on the one hand, and Jung Sky as the service provider on the other;
- “job seeker” is a person seeking employment at Jung Sky airline (e.g. via open application, participation in a job interview, etc.), or on the basis of an employment contract, service contract, copyrighted work contract, student job contract or another type of contract;
- “business administration” includes all activities that Jung Sky carries out to keep business records, to organize and distribute work, to maintain records required to comply with mandatory regulations, etc. (e.g. internal reports, working documents, copies or backup, investigation of suspected fraud, storage and structuring of documents, etc.).
This Policy clarifies how we process personal data of the following persons:
- potential clients,
- business associates,
- job seekers.
VIII HOW WE PROCESS PERSONAL DATA
How we collect data:
We collect your data primarily from you personally, for example when you browse our websites or our social networks, when you enter information in contact forms on our websites, when you contact us by e-mail, when you send us notices and requests for our calls, etc.
Your data will be collected from other persons in the following typical situations:
- when a contract is concluded with a legal entity and its representative lists you as a responsible person or a person who directly provides certain services or products to Jung Sky airline and in similar situations (in this case data is collected from a specific legal entity);
- when the customer and the passenger are not the same person, in which case the data about the passenger is collected from the customer (e.g. your company books a Jung Sky flight for you as passenger);
- when Jung Sky services are arranged through a broker (the broker provides data to Jung Sky).
- job seekers' data can be collected through the portal where Jung Sky puts up its vacancy notices, through employment agencies, through head hunters or headhunting agencies, through recommendations made by other Jung Sky employees, colleagues, etc.
When the provision of a service or compliance with mandatory regulations requires certain data to be verified or completed from available public sources (e.g. court registers), Jung Sky may obtain this information directly from such sources.
We process your data for purposes listed below:
- to prepare and execute contracts (depending on the nature of the service or cooperation, we will collect information about you as a passenger, customer, business associate or potential client, such as your name, surname, address, date of birth, data required for accounting documents and other documents that accompany the execution of contracts etc., visa data if, for example, are you on a flight to countries that require a visa; if the contracting party is a legal entity, we will also collect relevant data concerning the responsible person, the person directly executing services, the contact person, etc.);
- to fulfil legal obligations that apply to Jung Sky and applicable mandatory regulations (e.g. for this reason we might ask the passenger or the customer to provide us with information on the purpose of the trip, the address where the passenger will stay, etc.);
- to communicate with you (e.g. for this purpose we will collect your e-mail, name, surname, address, telephone number, etc., depending on how you contacted us and what we need to answer your enquiries);
- for business administration purposes (e.g. for these purposes we collect and store data about the consent you have given us to process data, as well as data on concluded contracts, data on the provision of the service, your e-mails, complaints and compliments for our services, etc.);
- to make an informed decision on the choice of the best Jung Sky business associates or employees (e.g. for these purposes we may ask you to provide recommendations from previous employers, users or customers, as applicable, or information about your education, training, certificates, etc.);
- to promote our services and products (we might contact you using the contact details you have given us to inform you about our new products or services, special deals, events that we organize and other similar Jung Sky airline activities).
Legal bases for data processing in the above-mentioned purposes are as follows:
- for data processing under item 1, the legal basis is the conclusion and execution of a contract with you, i.e. with the legal entity in which you are the responsible person, contact person, etc.;
- for data processing under item 2, the legal basis is compliance with Jung Sky’s legal obligations as the controller (Jung Sky's legal obligation is to collect and submit to competent regulatory bodies data about a particular passenger’s purpose of travel, the address where the passenger will stay, etc.);
- for data processing under items 3 to 5 the legal basis is the legitimate interest of Jung Sky airline (legitimate interest of Jung Sky is to answer enquiries, to communicate with clients, to manage business administration, to prevent possible fraud, to provide the best possible service, etc.);
- for the processing of personal data under item 6, the legal basis will normally be your explicit consent that you give us when you contact us through the website or when you conclude a contract with us, and if the same is not applicable, our legal basis may be our legitimate interest (in case of the latter, Jung Sky will assess each case to determine whether there is justified legitimate interest for such processing, and if there is, you can always specify that you do not want your data to be processed in such a way).
Consent can be given only by a person over the age of 16, and if a younger person's (e.g. a passenger's) data needs to be processed, Jung Sky will seek consent from a legal representative (parent).
IX PROCESSING OF SPECIAL CATEGORY DATA
Jung Sky will provide additional assistance to passengers who, due to their reduced mobility, illness or other conditions, need assistance in getting in and out of the aircraft and/or transport from/to the aircraft. In order to provide this assistance, passengers or customers must give us relevant health information, and Jung Sky is obliged to record it properly and to disclose it to its associates, staff and others involved in the provision of this additional service. Our legal basis for the processing of this data is firstly your consent and secondly the execution of our legal obligations.
If you requested catering services, we will kindly ask you to inform us about any allergies or food intolerances you may have. Our legal basis for the processing of such data is firstly your consent and secondly fulfilment of our legal obligations.
Jung Sky does not process biometrical data of any category of persons.
X OBLIGATION TO PROVIDE PERSONAL DATA AND CONSEQUENCES OF NOT PROVIDING THEM
Apart from the data required to execute the contract that Jung Sky has entered into with you or the customer on your behalf and the data required to fulfil our legal obligations, the provision of personal data depends solely on you, i.e. it is voluntary. The consequence of not providing data for any of the processing purposes is that the processing purpose in question will not be fulfilled.
XI RETENTION PERIOD FOR PERSONAL DATA
We erase your personal data upon the termination of the purpose for which the data was collected, and upon the expiration of all legal obligations related to the storage of personal data, depending on which period is longer.
In the event of a complaint/dispute related to the provision of the service, payment dispute, etc., we will keep the relevant personal data at least until the end of the dispute or resolution of the complaint.
XII WHO CAN COLLECTED DATA BE DISCLOSED TO AND UNDER WHICH CONDITIONS
Depending on the purpose and on the legal basis of personal data processing, your personal data will be forwarded to be following persons:
- our business associates who are obliged to respect the confidentiality of your personal data and with whom Jung Sky has a business agreement, if this is required to fulfil our previously stated data processing purposes (e.g. we provide data to our associates who receive passengers, luggage and/or aircraft), associates who conduct passenger transfers, our marketing associates, legal advisors, auditors, etc.);
- state bodies, aviation authorities, regulatory bodies, courts and other competent institutions, if this is required to comply with mandatory regulations, court orders or other binding measures (e.g. submission of flight details to certain aviation and state bodies) or if it is necessary for the protection of Jung Sky rights and/or property and the security of its staff (e.g. providing information on fraud, theft, etc.).
Since Jung Sky offers services to clients around the world and since those services are provided in an area larger than the European Union (EU) and the European Economic Area (EEA), in certain cases your data will be forwarded or transmitted to countries outside the EU and the EEA. This, however, shall happen only if you have given consent for such a transmission or if it is required to execute an agreement made with you or for your interest, if it is necessary to implement pre-contractual measures upon your request, if the transmission is necessary for important public interest issues, if it is necessary for setting, realizing or defending legal claims or if it is necessary for the protection of your vital interests or the interests of other persons.
Jung Sky shall never sell your personal data to third parties or disseminate them for a fee.
XIII PERSONAL DATA PROTECTION MEASURES
Jung Sky takes all technical, personnel and organizational measures to protect your personal data, to protect it from accidental loss or destruction, from unauthorized access or unauthorized alteration, unauthorized disclosure and any other misuse. Some of the security measures that we apply are limitation of access to data only to a certain number of authorized persons, secure operating systems and e-mail accounts, data encryption, use of antivirus software, access only through secure protocols and more.
XIV YOUR RIGHTS AS DATA SUBJECTS
As data subjects, i.e. persons whose personal data is processed by Jung Sky, you enjoy the following rights:
- right to be informed
- the right to information about us and our contact details, our purposes, the legal basis for data processing and other information related to processing;
- this Policy has been compiled precisely for your information, and in any case where this is applicable (e.g. in case of usual processing of personal data, which is provided for and explained in this Policy), the necessary information will be given by publishing this Policy or referring to it;
- right of access to information
- the right to obtain confirmation as to whether or not your personal data is being processed and if it is, the right to get all information about the processing (as in the right to be informed)
- these notices, whenever it is applicable, will be given by referring to this Policy, as in the right to be informed;
- right to rectification
- if your personal data is incomplete or inaccurate, you have the right to ask for rectification or completion of the data at any time;
- right to erasure
- the right to demand erasure of the data whose processing is no longer necessary in relation to the purposes for which they were collected or if there is no legal ground for the processing;
- this right cannot be exercised if the processing of data is necessary in order to comply with our legal obligations, to protect public interest concerning public health and to set, exercise or defend legal claims;
- right to restriction of processing
- the right to suspend or limit data processing until objection to processing is assessed;
- the limitation of processing can also be demanded as an alternative to a request for erasure;
- right to data portability
- the right to receive the personal data which we have provided to a controller, or the right to have the personal data transmitted to another controller, in an appropriate format;
- this right can be exercised if the data is obtained from you in a structured, commonly used and machine-readable format and if the following conditions are met: processing is based on consent or contract and is performed using automated processes;
- right to object
- the right to object to data processing on a legal basis of legitimate interest and execution of tasks of public interest, provided that Jung Sky may continue to process personal data if it proves that there are compelling legitimate reasons for further processing (including setting, realizing or defending legal claims);
- if you are not satisfied with our reply or if you believe that we process your data in an unlawful manner, you can file your complaint to the competent supervisory authority;
- the supervisory authority in the Republic of Croatia is the Croatian Personal Data Protection Agency (contact details: http://azop.hr/).
In the event that personal data is not collected from you, Jung Sky will give you all the necessary information on the processing of your data within a reasonable time, and at the latest within one month or in course of the first communication, unless:
- you have already been informed about the processing in question;
- the provision of such information is either impossible or would require disproportionate efforts or would impede or seriously jeopardise the accomplishment of processing objectives;
- the processing (acquisition and disclosure) of such data is explicitly prescribed by the law that binds Jung Sky airline.
XV RIGHT TO WITHDRAW CONSENT
You can withdraw your consent to the processing of personal data at any time. The revocation, however, does not affect the lawfulness of the processing of personal data based on consent prior to the withdrawal.
In the event of withdrawal of consent, Jung Sky may further process your personal data only in the event that there is another basis for processing (e.g. legitimate interest or legal obligation).
XVI POLICY AMENDMENTS AND ENTRY INTO FORCE
Jung Sky can supplement or modify this Policy at any time, but the latest updated version of the Policy is always available on this link to the website you are currently visiting www.vipcation.eu
This Policy was adopted on 25 May 2018 and it has been applied since then.