sales@msaviation.aero 44 (0)20 7016 3626

Privacy Policy

MS Aviation Limited (a company incorporated in the United Kingdom, with registration number 11237330, and with principal offices at 63 Grosvenor Street, London W1K 3JN.

MS Aviation is committed to respecting your privacy and protecting your personal data.

When we ask you to provide certain personal data, then you can be assured that it will only be used in accordance with this Policy.

This Policy applies to personal data about you that we collect, use and otherwise process in connection with your relationship with us as a client or potential client, including when you travel with us or use our other services, use our website, service agents or call centres and book to use our services through third parties (such as agents, brokers and other carriers).

This Policy applies to you whether you use our services or products on a casual basis, or have registered to use any of our services or products, or have entered into a contract with us in relation to the supply by us to you of services and/or products. Any products and/or services acquired by you from us will be subject to their own terms and conditions which you must also read and accept. In the event of any conflict between this Policy and the terms and conditions of any such products or services then the terms and conditions of those products or services shall prevail.

This Policy is effective as of the “Effective Date” which appears at the bottom of this Policy. Use the “Last Revised Date” appearing at the bottom of this Policy to determine when this Policy was last updated. This Policy is current as of the “Last Revised Date”. We reserve the right, at our sole and absolute discretion, to change or modify this Policy at any time. Any such changes or modifications will become effective when posted on this page. Please check this page periodically to ensure that you are happy with any such changes or modifications. It is in your own interest to access this page regularly to view the latest version of this Policy. If we make a change or modification to this Policy, we may, where appropriate and where possible in our sole discretion, alert you with a notice on our website or with any other means of notification we deem fit. Your continued access to or use of any of our services or products or your purchase of any of our products or services or your continued provision of personal data to us following any change or modification to this Policy shall be deemed your acceptance to be bound by any such changes or modifications.

Your access to or use of any our services or products and your purchase of any of our products or services is entirely voluntary. Please read this Policy carefully, as your access to or use of any our services or products and your purchase of any of our products or services constitutes your acceptance of all of the terms and practices described in this Policy, including without limitation, the collection, use, processing, and disclosure of your personal data as described in this Policy. Please do not access or use any of our services or products or purchase any of our services or products if you disagree with any part of this Policy.

Privacy Notice Summary

We have expanded and clarified which MS Aviation legal entity is responsible for your personal data as MS Aviation is part of an international group.

In light of additional health & safety measures which have been implemented due to Covid-19, we have included information regarding MS Aviation’s processing of special category data (e.g. health data) and what grounds are relied upon in doing so.

We have included further information regarding MS Aviation’s transfer of personal data internationally due to the global nature of its business.

We have expanded the information regarding the rights you have in relation to your personal data.

Privacy Notice

MS Aviation’s data protection and privacy measures are governed by the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time. Further details about your rights under the GDPR can be accessed here.

All personal data is obtained, held, and processed by MS Aviation, in compliance with, this Policy, any and all data protection related laws and regulations that are applicable to MS Aviation (including without limitation, Regulation (EU) 2016/679 of the European Parliament and of the Council (“GDPR”)), and any and all data protection related terms in any agreement or contract in force between you and MS Aviation in relation to the supply by us to you of services and/or products.

During the course of its relationship with the Client, MS Aviation (including MS Aviation’s officers, employees, contractors, subcontracts, agents and actual carriers) shall act as data controller in the collection and processing or learn Personal Data (‘Personal Data’ shall have the meaning assigned to it in MS Aviation’s Privacy Policy in compliance with GDPR. The Client hereby accepts that the Client’s and Passengers’ Personal Data be held and processed by MS Aviation in compliance with applicable data protection laws and regulations, these GTCC, and the aforementioned MS Aviation Privacy Policy.

Without prejudice to the aforementioned, what is stated in the MS Aviation Privacy Policy, MS Aviation and/or the actual carrier are explicitly entitled to transmit Personal Data obtained from official photo identification documents and other Personal Data processed or used in connection with the carriage to public authorities and border control agencies, provided that the authority’s or agency’s request for disclosure is based on mandatory legal regulations and is necessary for performance of the contract of carriage. Moreover, the actual carrier is also explicitly authorised by Client to process, capture, save, modify, block, delete, disclose, transmit and use Personal Data of Client and Passengers within the scope of performance of the contract and in accordance with applicable data protection regulations for the purpose of delivery by the actual carrier of flight services and performance by the actual carrier of its obligations under the contract, and actual carrier is further explicitly authorised to transmit the said Personal Data to its own offices, authorised representatives and to the parties who provide services on its behalf, including to air crew (pilots and cabin crew) charged with the delivery of flight services to the Client.

Purpose of the Privacy Notice

MS Aviation respects your privacy and is committed to protecting your personal data. This Privacy Notice describes how MS Aviation collects and processes your personal data when you access or use our Website or services. It will also provide information on how we look after your personal data and tell you about your privacy rights and how the law protects you.

Definition of personal data

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

You are not required to provide the personal data that we have requested, but, if you choose not to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have.

Types of personal data MS Aviation collects

When you use MS Aviation to purchase a service, purchase a product, contact us or complete an online form, we may collect a variety of information, including, but not limited to; your name, job title, mailing address, telephone number, email address, passport details, credit/debit card and bank details. We also collect personal data such as contact details for the purpose of sending marketing communications.

This includes but not limited to:

  • Your name and surname;
  • Contact information including address of residence, email address, telephone number, and fax number;
  • Your date of birth, nationality, and passport information when you book a flight with us;
  • Personal description and photograph (including passport and other identification documents) when you book a flight with us;
  • Personal tastes (e.g. food and beverages) and dietary requirements;
  • Medical condition (e.g. allergies for catering purposes, and disabilities);
  • Information about your travel arrangements, such as details of your bookings, travel itinerary, details of any additional assistance you require and other information related to your travel with us.
  • Information about the services we have provided to you in the past, including your previous travel arrangements, such as flights and other bookings, and related matters, such as upgrades, etc.
  • Your geographical position;
  • Information about your use of our websites, call centres and mobile applications, including information about which pages you view;
  • Information about interactions you have with us and our staff;
  • Your financial and credit card information (including such information as received from third party banks and other credit institutions and credit rating institutions) which are necessary for us to provide you with the requested product or service; and,
  • Other information that may be required by us, to carry out obligations arising from any contracts entered between you and us, and/or to carry out client surveys and/or offers.
  • This personal data may include information that you provide to us directly or through companies or agents we work with, as well as information which we collect when you use our products or services.Where you use the website www.msaviation.aero (“Website”), we may collect technical data such as IP addresses and cookie ID. Cookies are a small amount of data sent from the server, which is then stored on your computer’s hard disc drive. For more information around how we use cookies please see our Cookie Policy.

When do we collect personal data about you?

  • We collect personal data about you when you use our services or products (whether directly provided by us or by another company or agent), when you travel with us, and when you use our website, call centres or mobile applications. The following are examples of when we collect personal data about you:
  • when you book or search for a flight or other products or services on our website or mobile applications;
  • when you book or search for a flight or other products or services through our other sales channels, such as through an agent or broker
  • when you contact our call centres or service agents or sales representatives
  • when you travel with us and use airports where we operate
  • if you use lounge facilities provided by us or our agents
  • if you use our in-flight entertainment and communication services
  • if you complete a client survey or provide us with feedback
  • if you enter a competition or register for a promotion
  • if you choose to interact with us via social media, such as Facebook.
  • In addition, we may receive personal data about you from third parties, such as:
  • companies contracted by us to provide services to you
  • companies involved in your travel plans, including relevant airport operators and customs and immigration authorities companies (e.g. car hire providers and hotels) that participate in our programmes.

Passenger emergency contact details (EC Regulation No. 996/2010, Article 20(3))

In accordance with Article 20(3) of EC Regulation No. 996/2010, every Passenger has the right to provide MS Aviation with the name and contact details of a person who MS Aviation is to contact in the event of an emergency relating to the Passenger. MS Aviation shall use such information only in the event of such an emergency. MS Aviation undertakes that none of the details provided by a Passenger under this Section will be passed on to third parties or used for commercial purposes.

Where the contract to which these GTCC apply is concluded with a person or company other than a Passenger, that person or company shall (i) facilitate the exercise by Passengers of their right set out above; and (ii) provide MS Aviation with all assistance requested by MS Aviation to allow Passengers to exercise (and MS Aviation to give effect) to that right.

Information about third-party

If you are providing personal data to us about someone else you confirm that they have appointed you to act for them, to consent to the processing of their personal data, and that you have informed them of our identity, of this Policy, and of the purposes (as set out in this Policy) for which their personal data will be processed.

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 broker through which you made your booking).

By providing this sensitive personal data to us, you explicitly agree that we may collect, use, share with third parties (such as airlines) and transfer such data, within and outside the European Economic Area (EEA) in accordance with this Privacy Notice.

How MS Aviation collects personal data

You may directly provide your personal data to us, for example, by filling in forms or corresponding with us by post, phone, email or otherwise, or we may collect your personal data from third parties, such as customers providing your passenger details for the purpose of arranging a charter. We may also collect information from publicly available sources.

What do we use your personal data for?

We store, handle, send and generally process personal data to provide you with the best service, and in particular for the following reasons:

  • We will need to use the personal data to fulfil your request and provide your: (i) flight if you choose to fly with us; and, (ii) other travel related arrangements if you choose to book them with us. This will include passing your personal data to relevant authorities such as passport control and border agencies and where appropriate relevant police and customs authorities. We may also need to contact you if we have questions regarding your request. Additionally, there may be travel arrangements that are not provided by us but which nevertheless form part of your overall journey which need to be fulfilled, such as details of your arrangements at airports and customs and immigration formalities.
  • To deal with the general enquiries you raise from time to time on our services;
  • To ensure that you or any passenger is not the subject or target of any economic or trade sanction law or regulation or travel ban;
  • For the purposes of accounting and billing, immigration and customs control, health and safety, security and legal compliance;
  • To carry out obligations and/or enforce rights arising from any contracts entered between you and us;
  • To carry out due diligence or other background checks on you (thru’ sanction and enforcement list data) so as to protect our rights, interests, property and safety and the interests, rights, property and safety of our clients, or others;
  • For internal record keeping and the general administration of your records by us which may include for example, accounting and billing, auditing, credit or other payment card verification, anti-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.
  • For security purposes to protect your personal data held and/or processed by us;
  • For training our employees in respect of providing our service and products to you;
  • For statistical analysis;
  • To improve our products and services;
  • For our general marketing purposes where you have notified us that you consent to receive information about us and our services, products and offers;
  • From time to time, we may also use your personal data to contact you for feedback on our services and third-party supplier services so as to assist us in their improvement and development, and to provide services tailored to your requirements and treat you more personally, for example:
  • to deliver messages and information that we think is relevant and may be of interest to you, prior to, during, and after your travel with us
  • to personalise and tailor your travel experience

When you are travelling with us and using airports at which we operate, we may have the ability to monitor where you are within the airport, for example, based on your having passed through security checks. This information may be used to assist with flight connections and with the prompt and effective boarding of aircraft, as well as to provide a personalised service.Please also be aware that in some airports where we operate, facial recognition and related biometric technology is used in order to facilitate passenger boarding.We shall keep your personal data for the above purposes in accordance with those retention periods set by applicable law and our internal policies.

What is the basis for processing my personal data?

MS Aviation collects and processes your personal data on the basis of different legal grounds, depending on the nature of the personal data being provided and the type of processing involved.

Performance of a Contract

Some of the personal data is processed on the basis that it is necessary for the performance of our agreement with you, or in order to take steps at the request of the user prior to entering such an agreement, or to register you as a new customer and verify your identity.

Legitimate Interest

A ground relied upon for processing your personal data is legitimate interests, where we believe you have a reasonable expectation that we will perform a particular type of processing on your behalf, or where such processing is strictly necessary for fraud detection and prevention. An example would be where we respond to your queries and enquiries.

Consent

A ground relied upon in order to collect and process certain types of personal or sensitive information, or where appropriate to keep you informed by telephone, SMS or email, about us and our business partners content, products and services, events and special offers. You can withdraw your consent, as detailed in this Privacy Notice where applicable, or by sending an email to sales@msaviation.aero

Compliance with a Legal Obligation

A ground relied upon for certain types of processing is that it is necessary in order to allow compliance with a legal obligation. An example of this would be to retain business records for fixed periods of time in order to comply with local legal requirements.

When will MS Aviation contact me?

  • In relation to any service, activity or online content you have signed up for in order to ensure that MS Aviation can deliver, e.g. to ensure payment of your charter, offer other charter related services or upgrades, or to enquire whether you are in need of our services.
  • In relation to any correspondence we receive from you or any comment or complaint you make about MS Aviation.
  • To invite you to participate in voluntary surveys about the MS Aviation.
  • To update you on any material changes to MS Aviation policies and practices.
  • To keep you informed periodically on relevant products and services that we think may be of interest to you. Types of communication include newsletter updates, empty legs, fliers or emails such as charter availabilities.

If you wish to adjust what information we use or choose to opt out, you can do so at any time by contacting us to update your preferences.

How long will MS Aviation keep my personal data?

We keep personal data in accordance with our internal retention procedures, which are determined in accordance with our regulatory obligations and good practice. In addition, we may retain personal data relating to previous booking activity to comply with national laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, and take other actions permitted or required by applicable national laws. After it is no longer necessary for us to retain your personal data, we anonymise part of the data for analytical purposes and dispose of the rest in a secure manner. If you have any questions in relation to our retention periods, please contact us at sales@msaviation.aero

Who will MS Aviation share my personal data with?

Our service providers

This includes external third-party service providers, such as an airline for when you book a flight; accountants, auditors, experts, lawyers and other outside professional advisors; IT systems, support and hosting service providers; printing, advertising, marketing and market research and analysis service providers; document and records management providers; technical engineers; data storage and cloud

providers and similar third-party vendors and outsourced service providers that assist us in carrying out business activities.

Governmental authorities and third parties involved in fraud prevention and law enforcement

MS Aviation may share personal information with governmental or other public authorities (including, but not limited to, courts, law enforcement, tax authorities and criminal investigations agencies); and third- party civil legal process participants and their accountants, auditors, lawyers and other advisors and representatives as we believe to be necessary or appropriate: (a) to comply with applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our group companies; (f) to protect our rights, privacy, safety or property, and that of our group companies, you or others; and (g) to allow us to pursue available remedies or limit our damages.

Our group companies

We may share your personal data with certain members of our group companies. Where they have access to your personal data they will use it only for the purposes set out in this Privacy Notice. MS Aviation will remain responsible for the management and security of jointly used personal information. Access to personal information MS Aviation and our group of companies, is restricted to those individuals who have a need to access the information for our business purposes.

International transfers

As we share your personal data within the MS Aviation group, this will involve transferring your data outside the EEA. Many of our external third parties are based outside the EEA so their processing of your personal data will also involve a transfer of data outside the EEA.

How secure is my personal data?

MS Aviation is committed to keeping your personal data safe and secure from unauthorised access or unauthorised alterations, disclosure or destruction of information that we hold. Our security measures include:

  • Encryption of our services and data;
  • Review of our information collection, storage and processing practices, including physical security measures;
  • Access control restrictions for personal information;
  • Contractual confidentiality and processing agreements for employees and/or third parties who may require access to personal data; and

Internal policies setting out our data security procedures and training for employees.

What rights do I have in relation to my personal data?

Under certain circumstances, you have rights under data protection Legislation in relation to your personal data. These include the right to:

  • Request access to your personal data;
  • Request correction of your personal data;
  • Request erasure of your personal data;
  • Object to processing of your personal data;
  • Request restriction of processing your personal data;
  • Request transfer of your personal data;
  • Right to withdraw consent.

You will not have to pay a fee to access your personal data (or to exercise any of your other rights). However, we may charge a reasonable fee if your request is unfounded, repetitive or excessive.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights).

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests.

If you withdraw your consent to the processing of your personal data at any time, it may mean we will not be able to provide all or parts of the products or services you have requested from us (example: if you book a flight with us and prior to the flight you withdraw your consent to the processing of certain of your personal data which is necessary for the performance of that flight, then we will not be able to provide you with the flight). Please be aware that in these circumstances you will not be able to obtain a refund of any fees or monies you would have paid.

On the other hand, if for example you withdraw your consent to us sending you marketing communications, then such withdrawal should not have any affects.

Access, review, transfer and delete your personal data

We will make your personal data available to you for review pursuant to a simple request from you. If you tell us that the personal data which we hold about you is incorrect or is used inappropriately, we will correct, update or delete such person data as appropriate. You also have other rights such as the right to request from us erasure of personal data or restriction of processing or to object to processing and the right to data portability. For information about how to get access to your personal data and for exercising your rights, please contact us at sales@msaviation.aero

Changes to this Privacy Notice

We will occasionally update this Privacy Notice in accordance with business and legal requirements. We will post a notice of any material changes on our Website, and where appropriate, notify you using the contact details we hold for you for this purpose. We encourage you to periodically review this Privacy Notice to be informed of how we use your information.

Effective Date: 02 February 2021