Term of Use

INTRODUCTION

This website is owned and operated by Carpatair S.A., having its registered office at 300246, no.15 str. Ion Ionescu de la Brad, Timisoara, Timis County, Romania, registered with the Trade Register under incorporation code J35/777/2003 and with Fiscal Code RO 4258968, share capital subscribes and paid 7.620.750,00 RON.

For the purposes of these Terms of Use, “We”, “Our” and “Us” refers to Carpatair S.A. Our clients’ use of this website is subject to these Terms and Conditions as they are set below and all other notices, policies, and disclaimers contained on the website. In the event of a conflict between such other notices, policies and disclaimers and any of the terms and conditions set out in these “Terms of Use”, then the terms and conditions herein shall prevail.

As the use of the website indicates agreement to be bound by these Terms, Our clients and visitors are asked to carefully review these Terms before using Our website.

DATA PROTECTION

Any personal information you supply to Us when you use this website will be used in accordance with Our Privacy Policy.

Privacy Policy

INTRODUCTION

Carpatair understands the importance of safekeeping the privacy of its passengers and thus bounds itself to keep the confidentiality of the personal data acquired during the carriage contract concluded with its passengers, in accordance with Romanian regulations. Carpatair is registered under No. 1747 at the National Authority for the Supervision of Personal Data Processing.
Carpatair strives to handle with great care the personal details of its passengers, prospective customers and the visitors to its website, pursuant to the stipulations of the Romanian Law no. 190/2018 concerning measures to apply EU Regulation no 679/2016 and of the Law no. 506/ 2004 as concerning the processing of personal data and protection of private life in the electronic communication sector.

DATA COLLECTION

WHO ARE WE?

We, Carpatair S.A. or Carpatair, are an airline headquartered in str. Ion Ionescu de la Brad, nr. 15, Timisoara, jud. Timis, 300246, Romania and in providing our services to you we may collect your personal data, in the conditions provided below.

At Carpatair, we are invested in protecting your personal data and we commit to processing your data in accordance with the applicable laws, including Regulation (EU) 2016/679 (General Data Protection Regulation) and the applicable national data protection laws.

WHAT TYPE OF PERSONAL DATA DO WE PROCESS?

The personal data that we process may include:

Contact information, such as your name, job title, postal address, including your home address (if provided to us), business address, telephone number, mobile phone number, fax number and email address;
Identification data such as your ID/ Passport number and expiration date, social security number, personal numerical code, if this data is necessary for complying with our legal or contractual obligations in the context of the services provided to you, if we have obtained your consent to process this data according to the law, if we need to use this data to comply with a major public interest, to protect your or other persons vital interest;
In the context of the services provided to you we may also, in some cases, collect and process special categories of personal data, such as: data concerning health, data on criminal convictions and offences, data concerning religion or ethnical origin, but only if the conditions and safeguards established by GDPR are complied with;
Data obtained through social media networks;
Any other information which is necessary to us in the context of our contractual relationship with you or which you have voluntarily provided us with;

HOW DO WE COLLECT YOUR DATA?

We may collect your data directly from you, if we request it via our internet page, via internet, social media, email, over the phone or in person, or we can obtain it indirectly, from our partners such as travel agencies, travel brokers or any other such entities, from the national authorities or other third parties.

WHICH ARE OUR LEGAL GROUNDS FOR PROCESSING YOUR PERSONAL DATA?

Any data processing of your personal data, which may consist in the collection, recording, organizing, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination etc. shall be performed under one of the following legal grounds:

To comply with our contractual obligations in relation to the services we provide you. In this regard, we may need to process your data in order to:

manage all the pre-flight and post-flight processes which we are responsible for, as applicable, such as managing the registration of passengers and baggage, the flight notices and the boarding process;
insure all in-flight services are provided to you in the best conditions and in accordance to our standards;
manage passenger and flight safety before, during and after the flight to the extent of our responsibility;

To comply with our legal obligations in relation to the services provided to you, especially our duties under commercial and tax law or under specific legislation in the field of civil aviation, passenger air transport and national and international security. In this regard, your data may be transferred to the national authorities of destination states as part of standard procedures, such as:

API (Advance Passenger Information), which refers to information that the authorities of the countries of destination require airlines to provide about passengers onboard the flight. The provided information includes identification documents and other data on the passengers, and all data is transmitted to national authorities in a secured form, according to GDPR data security requirements;
state- specific national authorities safety requirements, which refer to information certain states such as U.S.A., Israel or Russia specifically require about passengers, according to international treaties or other mandatory legal provisions;

If you have granted us, upon our request or through your unequivocal actions, your express and valid consent, which has been obtained in accordance with the provisions of art. 6 GDPR and the applicable national laws, to process the personal data for the purposes and under the conditions provided in a consent notice;

Please note that you are entitled to withdraw your freely given consent at any time, through a written notice sent to our contact coordinates.

If we need to process your data in order to protect your or other natural person’s vital interests, life or physical integrity;
In order to comply with the following legitimate interests pursued by us or a third party:

offering high quality services, according to the air transport standards which we abide to;
management and control of our activity and services;
insuring flight safety;
prevention of fraud, including identity fraud and payment method fraud;
developing and maintaining statistics in the field of passenger air transport for continuous improvement of our services;
auditing and consultancy;
management of legal claims and dispute resolution;

For the special categories of personal data, processing shall be made only if, in addition to a general legal basis for data processing, one the following specific processing conditions are met:

The consent of the data subject has been obtained;
We have a legal obligation to process such data categories;
Processing is necessary for the establishment, exercise or defense of legal claims.

We will not process personal data which refers to criminal offences or criminal records unless we have a legal obligation to do so, in which case we will take strong security measures in order to insure their protection;
Your personal data such as photographs and opinions that you express in relation to us or our services may be posted on social media only if we have obtained your consent to do so in pursuing our marketing and commercial strategies, according to the conditions imposed by art. 6 GDPR

WHAT ARE OUR PURPOSES FOR PROCESSING YOUR PERSONAL DATA?

We may use your personal data for the purposes provided in the sections above (“Permitted Purposes”) or for other purposes strictly related to the above mentioned. Any additional processing purpose will be subject to prior notice to you and will only take place under one of the legal grounds provided by art. 6 GDPR.

We will not use your personal data for creating profiles, nor will we use your personal data in order to make automated decisions based on automated processing.

SHARING YOUR PERSONAL DATA

We may share your personal data with other parties in the context of the provision of our services, if this is necessary for achieving the data processing purposes provided by this notice. In this regard, we might give your data to legal authorities, consultants and lawyers, to our providers e.g. ground handling service providers, or other service providers, or to our commercial partners- e.g. travel brokers, data agencies, other air transport companies.

TRANSFERRING YOUR PERSONAL DATA ABROAD

We may transfer your personal data to EEA countries or countries recognized by the European Commission as offering an adequate level of protection, if such transfer is required for the processing in accordance with the Permitted Purposes described above.

In exceptional cases, if necessary, for the Permitted Purposes, we may transfer your personal data to third countries which were not recognized by the European Commission as offering an adequate level of protection.

We will make sure that such international transfers are performed based on appropriate safeguards (such as Standard Contractual Clauses approved by the European Commission) as required by the GDPR (EU Regulation 2016/679) or other applicable legal provisions. You may contact us anytime using the contact details below if you would like further information on such safeguards.

UPDATING YOUR PERSONAL DATA

If any of the personal data that you have provided to us changes, for example if you change your name, surname or your email address or if you wish to cancel any request addressed to us, or if you become aware we have any inaccurate personal data about you, please e-mail us at office@carpatair.com.

We will not be responsible for any loss arising from any inaccurate, inauthentic, insufficient or incomplete personal data that you provide to us.

HOW LONG WILL WE PROCESS YOUR PERSONAL DATA FOR?

We will process your personal data only as long as it is reasonably necessary for the Permitted Purposes or until when you withdraw your consent (if applicable) and:

there are no compelling legitimate grounds for Carpatair to continue processing of your personal data (including Carpatair’s legal obligation to continue storing such data) which override your interests, rights and freedoms or
if the personal data are no longer necessary to us for the performance of our services to you.

YOUR RIGHTS IN RELATION TO PERSONAL DATA PROCESSING

Subject to certain legal conditions, you have the following rights in relation to the processing of your personal data:

The right to request a copy of your personal data which we hold;
The right to the rectification of any inaccurate or incomplete personal data;
The right to object to or restrict our use of your personal data;
The right to withdraw your consent for the processing of personal data based on the consent;
The right to the erasure of your personal data, when you withdrew your consent, the processing is no longer necessary, or such processing is unlawful;
The right to data portability which allows you to receive a copy of the processed data which we received from you or to share them with another entity nominated by you;
The right to withdraw your consent for the consent-based processing. Withdrawal of consent shall not affect the lawfulness of processing based on consent before consent withdrawal. If you withdraw your consent, Carpatair will no longer process your personal data and shall take the necessary measures to erase your personal data, if there is no other legal basis for such processing.

If you wish to exercise the rights detailed above, please contact us using the following contact details:

E-mail address: office@carpatair.com
Mailing address: Carpatair S.A., 300246, no.15 str. Ion Ionescu de la Brad, Timisoara, Timis County, Romania.
Project manager for GDPR compliance: Victor Mitrofan

To comply with our legal data security and confidentiality obligations, when you exercise one of your rights as a data subject, we may request you to prove your identity by providing us with a copy of a valid identification document or any other information which is necessary to verify that the request came for the entitled data subject.

We will consider all requests or complaints which we receive from you and we will respond to each and every one of them in the most transparent way, within the terms provided by the law. If you are not satisfied with our response or you consider that we do not process your personal data in compliance with the applicable legal provisions, you may lodge a complaint with the Romanian supervisory authority: The National Supervisory Authority for Personal Data Processing, headquartered in 28-30 Gheorghe Magheru Blvd., Bucharest, Romania or you can file a legal action to the competent courts.

DATA SECURITY

Carpatair uses appropriate technical and effective security measures to protect the data administered against loss, misuse, unauthorized access, change and deletion.

Carpatair’s security measures are being continuously improved according to the technical development.

LINKS TO OTHER WEBSITES

Certain pages on Carpatair’s website have links to the websites of other companies.
As Carpatair cannot be responsible as to how these companies handle personal data, visitors are advised to read carefully the policy (or statements) of these sites in regard to how they process and protect personal data since the conditions offered by these sites may not be the same as those offered by Carpatair.

CONTACTS

For questions, remarks or complaints about the protection of personal data by Carpatair or should you wish to lodge an objection against the use of your personal data by Carpatair, please send your written request, accompanied by a copy of your proof of identity, to:

E-mail address: office@carpatair.com
Mailing address: Carpatair S.A., 300246, no.15 str. Ion Ionescu de la Brad, Timisoara, Timis County, Romania.

CHANGES
Carpatair reserves the right to revise its privacy policy from time to time.

For this reason, please check regularly for the most recent version of Carpatair’s privacy policy.

PROPERTY RIGHTS

All trade marks, brands, copyright, database rights and other intellectual property rights in the materials on this website (as well as the organization and layout of this website) together with the software are owned either directly by Us or by Our licensors.

Without Our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this website or the software whether in whole or in part. However, the contents of this website may be downloaded, printed or copied for personal non-commercial use.

LIMITS OF USE

Our website may only be used in accordance with these “Terms of Use” and for lawful and proper purposes in compliance with all regulations, applicable laws and codes of practice practiced within Romania or within other jurisdiction from which the website is accessed.

Specifically, Our clients and visitors agree not to commit acts of misuse of this website, such as (but not limited to):

publish, distribute or disseminate any information on or via Our website which is or may be harmful, obscene, defamatory or otherwise illegal;
disturb or infringe in any way another’s legal rights, including but not limited to rights of privacy and publicity;
misrepresent or omit the origin of any file downloaded or uploaded from Our website;
engage in any commercial purpose;
make any unauthorized, false or fraudulent booking;
use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
take any action that imposes an unreasonable or disproportionately large load on this website or related infrastructure;
obtain or attempt to obtain unauthorized access, via whatever means, to any of Our networks;
engage in any other conduct that is, or deems to be, in conflict with these “Terms of Use”.

COPYRIGHT AND TRADEMARK NOTICES

AVAILABLE SOFTWARE

Any software available on Our website for download is the copyrighted work and property of Carpatair and/or its suppliers.

Use of such software is governed by the user’s license terms. For any software not accompanied by a license, the following shall constitute the License: Carpatair and/or its suppliers will grant the website’s visitors a personal, nontransferable license to use the software for viewing and otherwise using the website in accordance with these “Terms of Use”, and for no other purpose.

LINKS TO THIRD-PARTY WEBSITES

The website may include links to third-party internet sites, links which were included in Carpatair’s website for the sole purpose of visitors’ convenience and reference.

Carpatair does not operate, control in any respect and thus, does not imply or intend endorsement of any material, information, products or services contained on or accessible through such third-party internet sites.

Third parties that wish to establish links to this website should notify Carpatair of their intention prior to doing so. Carpatair reserves the right to deny permission for any such links to this website. In the event permission is given for any such links, Carpatair is not under any obligation to establish reciprocal links with the third party.

INDEMNITY

Using the website, Our clients and visitors must agree to indemnify Carpatair and/or its suppliers from and against any and all liabilities, expenses (including attorneys’ fees), and damages arising out of claims resulting from their use of the website, including without limitation any claims alleging facts that if true would constitute a breach of these “Terms of Use”.

WEBSITE CHANGES

Carpatair reserves the right to make any changes and/or improvements to the information, services, products and other materials on its website, or terminate the website at any time without prior notice.

Our clients’ and visitors’ continued use of the website following any such modifications shall constitute acceptance of such modifications.

GENERAL

These “Terms of Use” shall be deemed to have been made in Romania and will be governed and interpreted in accordance with the Romanian law, without giving effect to any principles of conflicts of law.

Our clients and visitors agree that any action at law arising out of or relating to their use of this website or these “Terms of Use” shall be filed only before the Courts of Romania and, hereby, consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action.

A printed version of these “Terms of Use” and all other notices, policies, and disclaimers contained on the website will be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of these “Terms of Use” shall become or be declared unlawful, void or for any reason unenforceable, such provision shall not affect the validity and enforceability of any remaining provisions.

These “Terms of Use” refer only to the use of this website and separate terms and conditions apply to airline carriage and other services.

Clients and visitors acknowledge that no joint venture, partnership, employment, or agency relationship exists between them and Carpatair as a result of the “Terms of Use” or your use of the website.