Legal information

1. TTN GmbH, a legal entity with its registered office at: 7A, Tuchlauben, Vienna, 1010, Austria ("Agency") acts as a data controller and respects your privacy and adheres to the applicable Austrian Data Protection Act ("DPA"), the EU General Data Protection Regulation ("GDPR") and the Austrian Telecommunication Act ("TCA"). In the following, you are informed which personal data we may gather, for which purpose it may be processed and what cookies may be employed during your visit and use of https://kissandfly.com/ ("Website").

2. This Privacy Policy on the protection of personal data by the Agency is an integral part of the Terms of Service, which is accessible by clicking on the following link.

3. In respect of all questions related to the processing, place of storage and use of the personal data, please contact the Customer Care Service or send your requests at the following postal address of the Agency: TTN GmbH, registered office at: 7A, Tuchlauben, Vienna, 1010, Austria.

4. What is personal data? Personal data is information that can be used on its own or with other information to identify a natural or legal person (e.g. your name, e-mail address, IP address or the feedback you provide on the Website).

5. What type of personal data about you we collect and process: We receive and store any information you enter on the Website, provide for the Customer Care Service and provide for the Agency in any other way to the extent necessary to provide the services or to execute the contractual relationship with you, only. Further, personal data might be automatically collected and processed when you are using this Website (e.g. though cookies).
 
Though your use of the Website, we gather, collect, store and processing the following personal data:

• first name, last name, date of birth, gender, citizenship, mobile phone number, postal address and email address;
• data of the documents that are necessary for identification purposes (e.g., number and series of passport, its expiration date);
• payment card data (payment card number, expiration date, CVC/CVV-code, and the name of the cardholder);
• Log files (IP address, browser type, referring / exit pages and URLs, number of clicks and how you interact with the Website, domain names, landing pages/content, pages/content viewed, device ID and device location);
• Profile information (preferences, details of your historical searches, historic booking details, travel plans and other information about you);
• User content (feedback and comments that you upload to the Website);
• User behavior (your activity on the platform, time and location of login, comments and uploads);
• any other information which you leave voluntarily on the Website.

These personal data might be collected via cookies (please see below).

Also, we may request for additional information which may include “sensitive” personal data (for example, information by means of which it is possible to specify your health condition or religious belief) in order to provide you with the highest possible level of service. Such “sensitive” information provided by your own initiative and upon your explicit consent, and only if the provision of services would be impossible without such “sensitive” information. The transfer of such sensitive personal data to third parties, even outside the Europe may be required during the provision of the services requested from us based on mandatory legal provisions.

We also offer the opportunity to register and create an account through your existing social network profile (such as Facebook). In this case, your sign-in credentials (name and e-mail address) will be imported from your social network account. Please note that when you use this option, we may receive certain information via the respective social network, such as your name, age, location, preferences, occupation and other information from your public profile. Not all of this information might be requested by us, but is automatically provided by the social network provider through the use of the "social sign-on" option. Nevertheless, we will only use the information that is necessary for the creation of your account and will, upon receipt of any other information, delete the not necessary data. After having created your account, you will have the opportunity to supplement it with any information you want to share with us and is necessary for booking.

6. Data on third parties (Buyers/Passengers/Customers) that we collect and process. If you create a booking of services and/or pay on behalf of or for the benefit of third parties, the information you provide about those third parties shall be collected and processed by the Agency according to the same terms and conditions that apply to your personal data. By providing such information on third parties, you confirm that such third party is aware of these terms and understands its consequences, as well as gives their unconditional and full consent to the collection and processing of their personal data in accordance with these terms, and agrees that access to such information is possible from your My Account section.

7. Collection of data of underage persons. If you are an underage person, you shall not use this Website and are obliged to leave it immediately. This Website shall not be used and shall not be intended to collect information on underage users and advertise information on services for children without the consent of their parents. The Agency shall process personal data of underage persons exceptionally in cases when such information is provided by their parents or legal representatives and with the purpose to create a booking only. If the Agency becomes aware of the use of the Website by an underage person and provision of their data personal data by them, or in cases of parents’ or legal representatives’ requests for deletion of personal data, such information will be deleted within the reasonable term, and the Agency will make every effort not to store and process the personal data of the underage person.

8. Automated data collection and Cookies. As most websites and mobile applications, we use automated collection of information about you, cookies and social media plug-ins, provided that you have granted your consent to their use (e.g. though the banner on our Website) in order to optimize our services and the Website, unless cookies are required for strictly technical functioning of the Website.

When using this Website, there is automated collection of information on the device you use to visit the Website, e.g. software, operating system, IP address, the source of links and this Website, webpages clicked on by you, links you have used to access the Website, etc (details about the processed data categories see above). Such automated data collection takes place with the purpose to adjust the use of the services of the Website and offers intended for you, as well as to prevent possible fraud.

If you use social networks to log into the Website, we may receive your data and preferences from such social networks according to the rules of information provision by these providers of services and privacy policy terms adjusted by you.

The automated collection of some data and the use of the technologies “cookies” and “web beacon” improve the functions of the Website and development of the most convenient use of Website services, as well as helps us assess the implementation of advertising and marketing campaigns, offer information which may be of interest to you and useful for you and build usage profiles for market research.

Until you log into the “My Account” section, the use of such data for the purposes described in the preceding sentence will be in pseudonymized form. That means we will replace your name and other features which may identify you with another identifier in order to make it impossible to identify you as a person and we will not bundle such usage profiles with other data we store about you. Once you are logged into the “My Account” section, the use of such data for the purposes described in the preceding sentence will be personalized and connected to you.

Cookies are small text files that can be stored on your computer (or any other device) during you first visit of the Website and allow us to recognize your computer during your visit (for example, in order to remember our data for logging into the “My Account” Section). We mainly use (i) functional cookies that do not gather personal data and (ii) cookies that help us to compile aggregate data about user traffic and interaction so that we can offer better Website experiences and personalized advertisement. We may also use trusted third party services that track this information on our behalf. You can choose to have your device warn you each time a cookie is being set or you can choose to turn off all cookies. However, if you disable cookies some features may be disabled and some of our services may not function properly.

9. Google Analytics. We use Google Analytics, which is a web analytics tool that helps us to understand how visitors engage with our Website. The following information is collected by Google Analytics: browser, type of gadget, model of gadget, location, country, city, service provider, screen resolution (on mobile), time on site, language, operating system, visited pages on site. The information generated by the cookie about the use of the website (including the user's IP address) may be transmitted to and stored by Google on servers outside of Europe (e.g. in the USA). Google uses the information to examine the Website’s usage, prepare reports on the Website’s activities and to offer other optional services. Google may supply this information to third parties if Google is legally required to, or if third parties process the information on Google's behalf.

The Google Analytics cookies expire in 730 days (default value) and will be kept on your device for that period of time, unless of course you remove them manually. You can at any time disable collection of your data by Google Analytics, as described here - https://tools.google.com/dlpage/gaoptout/.

10. Social Media Plug-Ins. In case you interact with social media plug-ins implemented into our Website (e.g. the "Like" button provided by Facebook Ireland Ltd in Ireland, the "Twitter" button provided by Twitter Inc in the USA or the "Instagram" button by Instagram, LLC in the USA) or you access content on our Website that contain a plug-in, your device establishes a direct connection with the servers of the respective social network operator. To our knowledge, the social network operators receive information via their plug-ins regarding your use of our Website, such as your operating system, browser, IP address, the content currently being retrieved, the previous content retrieved and the date/time of the content visit. This enables the social network operator to put together a profile on your user behaviour and add this information to your respective profile on the social network. It cannot be ruled out that such a profile might be matched to you even if you are not registered with or logged-in to the social network.

Please note that we have no specific knowledge of the content of the data transmitted to or of its use by the third-party social media plug-in providers. Please obtain this information directly from the specific social network operator and read their privacy policies for detailed information about the collection and transfer of personal data, what rights you have and how you can achieve satisfactory privacy settings. In case you do not wish such a data transfer, we recommend that you log out of the social network before you use our platform.

11. How we use your data and data of third parties. We use your personal data to:

• provide the services ordered by you;
• communicate with you concerning the ordered Services and send you confirmation of your Booking;
• carry out, process and edit your Booking;
• provide support and customer service in the use of the Website and the Website services;
• provide information on existing and future services and offers, in case you have given your consent to this use;
• improve the performance and quality of the Website;
• provide answers to your requests and comments;
• calculate bonuses if you take part in our loyalty programs;
• encourage you to participate in our surveys and provide feedback;
• find out the services which may be of interest to you;
  
• satisfy your claims;
• notify you of possible illegal or unlawful acts;
• solve any issues which may arise under or in respect of the fulfillment of the conditions of the Terms of Service;
  
• for any other purposes necessary in order to fulfill our contractual obligations about which we will notify you prior to the new processing takes place. If required, we will seek your consent before commencing the new data processing activity.

Payment card data shall be used to confirm the payment for the Booking created by you on the Website.

Please note that the provision of services might be impossible if some personal data have not been provided by you.

Upon your consent, we will also process your personal data (name, e-mail address and preferences) in order to send you periodic emails (newsletters) as well as push notifications regarding our services, special offers, promotions and ancillary services.

The Agency strives to provide you with the highest possible level of service. Thus, we may send you information with the list of offers on our Website which may be of interest to you and which may be related to the services selected by you, upon your consent. If you do not wish to receive such emails, you may opt out of receiving them.

12. Profiling. Based on your consent we may collate and analyze your consumption and usage behavior data to perform profiling in order to provide you with offers tailored to your needs, preferences and interests. Offers may include inter alia discounts on services. Offers means offers of the Agency or our business partners.

Profiling is any form of automated processing of your personal data consisting of the use of personal data to evaluate certain personal aspects relating to you, in particular to analyze or predict aspects concerning economic situation, health, personal preferences, interests, reliability, behavior, location or movements of you.

13.  Legal basis for data processing. Our legal basis for collecting and using the personal data described above will depend on the personal data concerned and the specific context in which we collect it. However, we usually will process personal data only (i) where we need the personal data to provide the services or execute the contractual relationship with you, (ii) where we have you consent to do so, or (iii) where the processing is in our legitimate interests and not overridden by your rights. In some cases, we may also have a legal obligation to collect personal data from you.

14. Data Storage. We store personal data we collect from you where we have an ongoing legitimate need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements) or for the period of limitation prescribed in the relevant laws. When we have no ongoing legitimate need to process your personal data, we will either delete or anonymize it or, if this is not possible (for example, because your personal data has been stored in backup archives), then we will securely store your personal data and isolate it from any further processing until deletion is possible. In the case of consent-based data processing, personal data will be processed until the consent is withdrawn.

15. Transfer of your data. To the extent it is necessary for the proper provision of the services chosen and booked by you, we transfer your personal data to third parties as indicated below because the services could not be provided without such transfer.

The Agency may share your personal data with the following entities, as far as it is necessary for the provision of the selected and booked services:

Operators, e.g. hotel, airline carrier, GDS, etc. which render the services you booked. All services on this Website, which are offered by third parties, are marked as such on our Website. We do not give your email address to operators, unless it is required for the performance of the services, which you booked through the Agency. They may only use such data for the purposes of rendering booked (or similar) services to you and other purposes, defined by the Operators . However, we recommend that you get acquainted yourself with the data protection policy of each operator, that performs services you booked on this Website. Such Operators may contact you in order to obtain additional information on you, help you with the booking of services, or answer your requests, as long as it is necessary for the provision of their services. Please note that we do not supervise the data protection policy of the Operators. In particular,  you hereby give us your consent to transfer your email address and mobile phone number to airline carriers for the purpose of the airline carriers to contact you in an operational disruption;

Independent operators (service providers), which offer services and act on our behalf, as well as operators, which process payment card data, business analytics, customer service managers, marketing consultants, experts, who distribute questionnaires or other offers and are in charge of prevention of payment fraud. We may as well allow independent operators to use personal data on our behalf if it is required for the proper functioning of our Website or sending of online messages, which may be of interest to you. Independent operators obtain access and collect information, which is required for their work. They are not allowed to share such data or use them for any other or their own purposes. They must, in the same manner as we, to abide by the same data protection terms;


We also may share your personal data to affiliates of the Agency or group affiliates, representatives, officers, agents, employees, or partners as far as it is necessary for the provision of our services.


16. Cross-border transfer of data. You confirm and agree that in order to provide you with the services, the Agency may transfer your personal data to recipients located outside of the United States of America and Europe in order to obtain the proper level of the services ordered. Thus, your personal data may be accessed by affiliates of the Agency and data processors and service providers from countries that do not provide the same level of data protection as provided in the European Economic Area.

The storage and processing of your personal data may be held on the servers and sources owned/leased by the Agency, operators or independent contractors, which may be located in any country of the world (including but not limited to countries of the European Union or European Economic Area, the USA, Canada).

Therefore, the Agency, where applicable, will take all reasonable measures which in relation to the recipients of your personal data, is necessary to ensure an adequate level of protection as defined by the applicable data protection law, in particular through the application of the Standard Contractual Clauses issued by the European Commission or by a decision of the European Commission which states that the country in which the recipient of the transferred data is provides an adequate level of data protection. You are aware of and agree that based on chosen travel destination, your personal data may be transferred to countries (Operators’ country of registration/operation, airports, etc.), where an adequate level of protection of personal data cannot be ensured .

Any cross-border transfer of data shall be limited to those data categories and recipients necessary to comply with the Terms of Service, these provisions, and to provide you with the ordered services.

17. How do we protect personal data? We do our upmost to make your visit and use of our Website as safe as possible. Thus, we comply with Sec 6 DPA as well as Art 32 et seq GDPR in order to ensure data secrecy and data security and have implemented appropriate technical and organizational security measures to prevent possible loss, misuse, unauthorized access and disclosure, modification or destruction. Taking into consideration special aspects and threats in the media and on the internet, the Agency cannot guarantee absolute protection of your personal data but will make every effort to protect your personal data at the highest possible level. We abide by the requirements of applicable personal data protection law, requirements for payments processing on the Website (according to market safety standards), and Agency’s internal privacy policies on data protection.

18. Your rights. According to the applicable laws as well as Art 13 et seq GDPR, you have the right to request access to personal data; request rectification of personal data; request erasure of personal data; request restriction of processing of personal data; request data portability; object to the processing of personal data (including objection to profiling;); withdraw consent to processing of your personal data, where applicable. Please directly contact us in these cases.

If you think you privacy rights have been breached, you may lodge a complaint with an authority of the European Union country of you habitual residence, place of work or of an alleged infringement. Contact information for these authorities can be accessed at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

19. Amendments. The Agency, at its sole discretion, may from time to time make amendments to this privacy policy. The Agency will publish amendments on the Website. The Agency is not obliged to notify you of any amendments made to these Terms, but to publish them on this Website. The amendments shall be deemed effective as of the date of their publication. You shall check for updates to this Website on your own and on a regular basis. You confirm and agree that your explicit acceptance of these provisions and/or the use of the Website after the date of publication of amendments shall be deemed to be your full and unconditional consent to the amended policy. If you do not accept the modified privacy policy, you shall cease to use the Website.

20. CONTACT INFORMATION

TTN GmbH
Registered office: 7A Tuchlauben, Vienna, 1010, Republic of Austria,
Registered number: FN 439046g,
Information on licenses and certificates is available at the following link.
Tel: + 1-202-660-4060 in English: 24/7(according to operators’ tariffs)
Email: [email protected]

Edition of these privacy policy is effective as of 25 May 2018

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