Privacy

1. General

Your personal data (“data”) are in safe hands with us, FP Passenger Service GmbH! We are committed to protecting your privacy and we take that responsibility very seriously. Please take the time to read this data protection information and find out why we collect your data and how we will process it.

We will inform you about the processing of your data when you visit our website in point 4.

For the processing of your data based on your consent to the sending of our newsletter, we inform you in point 5.

For the processing of your data in the context of a business relationship (customers and suppliers) including any related direct advertising, we inform you in point 6.

2. What is personal data?

Personal data is information relating to natural persons whose identity is identified or identifiable (e.g.: name, contact details, billing details, IP address).

3. How is your personal data processed by us?

Depending on whether you visit our website, subscribe to our newsletter or whether we are in a business relationship, we process your data in the manner specified in the following points.

4. Data processing when visiting our website

When you visit our website, the following data can be collected, stored, evaluated or processed in any other way:

  • browser type,
  • operating system,
  • country
  • date,
  • time and duration of access,
  • IP address and pages visited on our website including entry and exit pages,
  • Data that you enter via a contact form.

In order to operate our website, it may be necessary in some cases for us to disclose your data to the following recipients. This disclosure may be made by transmission, dissemination or any other form of delivery.

Recipient Purpose Legal basis Seat of the
recipient
Basis for transfer
into a third country1
SysUP IT GmbH & Co KG hosting,
internet service
legitimate interests
(Art 6 Abs 1 lit f DSGVO):
hosting of the website
and IT-services
Austria within the EEA2
Sendinblue GmbH email delivery legitimate interests
(Art 6 Abs 1 lit f DSGVO):
carrying out
email dispatch
Germany within the EEA2

5. Data processing when ordering our newsletter

With the newsletter of FP Passenger Service GmbH we inform our customers, interested parties and business partners about our offers at regular intervals. The newsletter can only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers to receive the newsletter. For this purpose, we process your name, your e-mail address, the time and date of your registration and your IP address when registering. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a person concerned at a later point in time.

For legal reasons, a confirmation e-mail will be sent to the e-mail address entered by a person concerned for the first time to receive the newsletter using the double opt-in procedure. This confirmation e-mail is used to check whether the owner of the e-mail address, as the person concerned, has authorized receipt of the newsletter. The personal data collected when registering for the newsletter will only be used to send and continue to operate our newsletter.

The newsletters of FP Passenger Service GmbH contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in such emails to enable log file recording and log file analysis. Based on the embedded tracking pixel, FP Passenger Service GmbH can see if and when an e-mail was opened by a data subject. Furthermore, the newsletter tracking records which links in the e-mail were called up by the person concerned. Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by FP Passenger Service GmbH in order to optimize the receipt of the newsletter and to adapt the content of future newsletters even better to the interests of the person concerned.

legal basis

In principle, we process your data based on your voluntary consent (Art. 6 Para. 1 lit a GDPR). You can revoke your consent at any time and without giving a reason. There is a corresponding link in every newsletter for the purpose of revoking consent. It is also possible to notify the data protection coordinator of your withdrawal of consent by post to the address given at the end of this information or by e-mail to datenschutz@fairplane.de . After a revocation, this personal data will be deleted by the person responsible for processing. The revocation does not affect the legality of the previous processing. The data processing for the purpose of newsletter optimization is based on our legitimate interest (Art 6 Para 1 lit f GDPR) to carry out direct marketing .

If you order our newsletter, your data may be disclosed to the recipients listed below.

 

Recipient Purpose Legal basis Seat of the
recipient
Basis for transfer
into a third country1
Sendinblue GmbH email delivery legitimate interests
(Art 6 Abs 1 lit f DSGVO):
carrying out
email dispatch
Germany within the EEA2

6. Data processing in the context of our business relationship

In the course of our business relationship with you as our customer or business partner, we process your data on the basis of contractual (initiation, maintenance and processing of a business relationship) (Article 6 Paragraph 1 lit b) and on the basis of our legitimate interests or on the basis of legitimate interests of third parties (Article 6 Paragraph 1 lit f GDPR), namely:

  • For the purpose of enforcing your right to compensation based on REGULATION (EC) No. 261/2004 OF THE EUROPEAN PARLIAMENT AND THE COUNCIL of February 11, 2004 on a common regulation for compensation and assistance for passengers in the event of denied boarding and cancellation or long delay of flights against an airline. The specification of the data required in the claim calculator is necessary to fulfill the contract. If you do not provide the necessary data, we will generally not be able to provide the service you are looking for.
  • For the purpose of internal administration and management of the respective business case and the business relationship to the required extent (e.g. forwarding your business case to the responsible departments, file filing, archiving purposes, correspondence with you);
  • For the purpose of direct advertising ( e.g.: mailing, e-mailing, satisfaction surveys, letters of congratulations, statistical evaluations). The electronic direct advertising to our customers takes place exclusively within the framework of § 174 Para. 3 TKG 2021. We would like to expressly inform you that you can process your data for the purpose of direct advertising by e-mail to office@fairplane.de or by post to FP Passenger Service GmbH, Fleischmarkt 3-5/14, 1010 Vienna (to revoke consent to the sending of the newsletter, see point 5);
  • For the purpose of customer analyzes and other statistical evaluations directly related to our business activities,
  • For the purpose of asserting and defending against any legal claims.

We will only store your data for as long as is necessary for the purposes for which we collected your data, we are legally obliged to do so or have a corresponding overriding interest in storing it. For tax reasons, for example, contracts and other documents from our contractual relationship must be kept for a period of seven years from the end of the year in which the business case occurs in accordance with Section 132 BAO (similar results from Section 212 UGB). In justified individual cases, for example to assert and defend against (sufficiently specific) legal claims, we can also store your data for up to 30 years after the end of the business relationship.

In order to achieve the intended purposes, it may be necessary on a case-by-case basis for us to disclose your data to the following recipients (by transmission, dissemination or other form of provision):

Recipient Purpose Legal basis Seat of the
recipient
Basis for transfer
into a third country1
Contract lawyers order processing fulfillment of the
contractual relationship
(Art 6 Para 1 lit b GDPR):
processing of the
customer order
Austria,
Germany
within the EEA2
SysUp IT  GmbH
& Co KG
Hosting Legitimate insterests
(Art 6 Para 1 lit f GDPR):
hosting of the website
and IT services
Austria within the EEA2
EDV 2000
Systembetreuung
GmbH
IT Service Legitimate insterests
(Art 6 Para 1 lit f GDPR):
hosting of the website
and IT services
Austria within the EEA2
Sendinblue GmbH email delivery Legitimate insterests
(Art 6 Para 1 lit f GDPR):
hosting of the website
and IT services
Germany within the EEA2
Specific Group
Austria GmbH
IT service Legitimate insterests
(Art 6 Para 1 lit f GDPR):
hosting of the website
and IT services
Austria within the EEA2

7. Collection of data from other sources (information according to Art. 14 GDPR)

It may happen that we do not obtain data directly from you, but from the following sources:
Data /
data category
Source Public Purpose
First name, last name,
e-mail address, postal
address, age of majority
or date of birth
other fellow
travelers
no Enforcement of your claim due to a flight problem

8. Automation-supported decision making

We would like to inform you that no data processing within the meaning of Art. 22 GDPR takes place. This means that we do not make any decisions based solely on automated processing (including profiling) that have legal effects on you or that significantly affect you in a similar way; any decision with corresponding effect will be taken by a natural person.

9. What rights do you have with regard to data processing?

We would like to inform you that you have the right

  • to request information at any time about which of your data is processed by us. The right to information also includes the right to receive a copy of the data, provided that this does not affect the rights and freedoms of other persons (Article 15 GDPR);
  • to request the correction or completion of incorrect or incomplete data concerning you (Article 16 GDPR);
  • to request the deletion of your data (Article 17 GDPR).
    We would like to point out that we cannot comply with deletion if the processing (storage) is necessary to fulfill a legal obligation (statutory storage obligations) or if we are entitled to do so due to overriding interests (e.g. assertion or defense of specific legal claims);
  • if certain conditions are met, to demand the restriction of the processing of your data (Art. 18 GDPR);
  • object to the processing of your data that is necessary to protect our legitimate interests or those of a third party. In the event of an objection, we will no longer process your data unless the processing serves to assert, exercise or defend legal claims or we can demonstrate compelling legitimate grounds for processing that outweigh your interests. If you object to processing for direct marketing purposes, we will no longer process your personal data for these purposes (Article 21 GDPR);
  • to receive the transmission of the data you have provided in a structured, common and machine-readable format. However, the right to data transferability only exists if the processing is based on your consent or on a contract (Article 20 GDPR).

To assert one of the above rights, you can send an email to Datenschutz@fairplane.de or post to FP Passenger Service GmbH, Fleischmarkt 3-5/14, 1010 Vienna.

If we process your data on the basis of your consent, you have the right to revoke this consent at any time by email to Datenschutz@fairplane.de or by post to FP Passenger Service GmbH, Fleischmarkt 3-5/14, 1010 Vienna. This does not affect the legality of the data processing that has taken place up to this point in time (Article 7 (3) GDPR).

If, contrary to expectations, your right to lawful processing of your data is violated, despite our obligation to process your data lawfully, please contact us by post or e-mail (see below for contact details) so that we can Learn about and address your concerns. However, you also have the right to lodge a complaint with the Austrian data protection authority or with another data protection supervisory authority in the EU, in particular at your place of residence or work.

We hope that with this information we have given you clarity about the form and purposes for which we process your data. If you still have questions about the processing of your personal data, you are welcome to send an email to Datenschutz@fairplane.de or post to FP Passenger Service GmbH, Fleischmarkt 3-5/14, 1010 Vienna.

FP Passenger Service GmbH
Fleischmarkt 3-5/14, 1010 Vienna
office@fairplane.de
HG Vienna, FN 358862P
Responsible interest group: Vienna Chamber of Commerce
Supervisory authority according to ECG: Municipal district office for the 1st and 8th district

[1]”Third country” includes all states except (1) the member states of the European Union and (2) the member states of the European Economic Area, i.e. in addition to the EU member states Iceland, Liechtenstein and Norway.

[1]“EEA” stands for European Economic Area.

The above is a translation of the German version of the privacy statement. In the case of any inconsistencies between the two versions, the German version shall apply.

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