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GDPR Article 22

Automated individual decision-making, including profiling
  • The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
  • Paragraph 1 shall not apply if the decision:
    • is necessary for entering into, or performance of, a contract between the data subject and a data controller;
    • is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or
    • is based on the data subject's explicit consent.
  • In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
  • Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.

GDPR Article 21 (1)

The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on points (e) or (f) of Article 6(1) of GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.

Points (e) and (f) of Article 6(1) of GDPR

  • Processing shall be lawful only if and to the extent that at least one of the following applies:

...

(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

GDPR Article 21 (2)

Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.

GDPR Article 8 (1)

Where point (a) of Article 6(1) applies, in relation to the offer of information society services* directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorized by the holder of parental responsibility over the child.

* ‘information society service’ means a service as defined in point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council

Point (a) of Article 6(1) of GDPR

1. Processing shall be lawful only if and to the extent that at least one of the following applies:

(a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes;

...

Information Society Services

means any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services.

For the purposes of this definition:

  • ‘at a distance’ means that the service is provided without the parties being simultaneously present;
  • ‘by electronic means’ means that the service is sent initially and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means;
  • ‘at the individual request of a recipient of services’ means that the service is provided through the transmission of data on individual request.

An indicative list of services not covered by this definition is set out in Annex I;

Indicative list of services not covered by the second subparagraph of point (b) of Article 1(1)

1. Services not provided ‘at a distance’

Services provided in the physical presence of the provider and the recipient, even if they involve the use of electronic devices:

  • medical examinations or treatment at a doctor's surgery using electronic equipment where the patient is physically present;
  • consultation of an electronic catalogue in a shop with the customer on site;
  • plane ticket reservation at a travel agency in the physical presence of the customer by means of a network of computers;
  • electronic games made available in a video arcade where the customer is physically present.

2. Services not provided ‘by electronic means’

  • services having material content even though provided via electronic devices:
    • automatic cash or ticket dispensing machines (banknotes, rail tickets);
    • access to road networks, car parks, etc., charging for use, even if there are electronic devices at the entrance/exit controlling access and/or ensuring correct payment is made,
  • offline services: distribution of CD-ROMs or software on diskettes,
  • services which are not provided via electronic processing/inventory systems:
    • voice telephony services;
    • telefax/telex services;
    • services provided via voice telephony or fax;
    • telephone/telefax consultation of a doctor;
    • telephone/telefax consultation of a lawyer;
    • telephone/telefax direct marketing.

3. Services not supplied ‘at the individual request of a recipient of services’

Services provided by transmitting data without individual demand for simultaneous reception by an unlimited number of individual receivers (point to multipoint transmission):

  • television broadcasting services (including near-video on-demand services), covered by point (e) of Article 1(1) of Directive 2010/13/EU;
  • radio broadcasting services;
  • (televised) teletext.

GDPR Article 9

Processing of special categories of personal data

1. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation shall be prohibited.

2. Paragraph 1 shall not apply if one of the following applies:

  • the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
  • processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorized by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
  • processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
  • processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects;
  • processing relates to personal data which are manifestly made public by the data subject;
  • processing is necessary for the establishment, exercise or defense of legal claims or whenever courts are acting in their judicial capacity;
  • processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject;
  • processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
  • processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of Union or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy;
  • processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) based on Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

3. Personal data referred to in paragraph 1 may be processed for the purposes referred to in point (h) of paragraph 2 when those data are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under Union or Member State law or rules established by national competent bodies or by another person also subject to an obligation of secrecy under Union or Member State law or rules established by national competent bodies.

4. Member States may maintain or introduce further conditions, including limitations, with regard to the processing of genetic data, biometric data or data concerning health.

GDPR Article 89 (1)

Processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, shall be subject to appropriate safeguards, in accordance with this Regulation, for the rights and freedoms of the data subject. Those safeguards shall ensure that technical and organizational measures are in place in particular in order to ensure respect for the principle of data minimization. Those measures may include pseudonymization provided that those purposes can be fulfilled in that manner. Where those purposes can be fulfilled by further processing which does not permit or no longer permits the identification of data subjects, those purposes shall be fulfilled in that manner.

GDPR Article 46

Transfers subject to appropriate safeguards

  • In the absence of a decision pursuant to Article 45(3), a controller or processor may transfer personal data to a third country or an international organization only if the controller or processor has provided appropriate safeguards, and on condition that enforceable data subject rights and effective legal remedies for data subjects are available.
  • The appropriate safeguards referred to in paragraph 1 may be provided for, without requiring any specific authorization from a supervisory authority, by:
    • a legally binding and enforceable instrument between public authorities or bodies;
    • binding corporate rules in accordance with Article 47;
    • standard data protection clauses adopted by the Commission in accordance with the examination procedure referred to in Article 93(2);
    • standard data protection clauses adopted by a supervisory authority and approved by the Commission pursuant to the examination procedure referred to in Article 93(2);
    • an approved code of conduct pursuant to Article 40 together with binding and enforceable commitments of the controller or processor in the third country to apply the appropriate safeguards, including as regards data subjects' rights; or
    • an approved certification mechanism pursuant to Article 42 together with binding and enforceable commitments of the controller or processor in the third country to apply the appropriate safeguards, including as regards data subjects' rights.
  • Subject to the authorization from the competent supervisory authority, the appropriate safeguards referred to in paragraph 1 may also be provided for, in particular, by:
    • contractual clauses between the controller or processor and the controller, processor or the recipient of the personal data in the third country or international organization; or
    • provisions to be inserted into administrative arrangements between public authorities or bodies which include enforceable and effective data subject rights.
  • The supervisory authority shall apply the consistency mechanism referred to in Article 63 in the cases referred to in paragraph 3 of this Article.
  • Authorizations by a Member State or supervisory authority on the basis of Article 26(2) of Directive 95/46/EC shall remain valid until amended, replaced or repealed, if necessary, by that supervisory authority. Decisions adopted by the Commission on the basis of Article 26(4) of Directive 95/46/EC shall remain in force until amended, replaced or repealed, if necessary, by a Commission Decision adopted in accordance with paragraph 2 of this Article.

ASAPTICKETS.CO.UK PRIVACY POLICY

Your privacy is of significance to ASAPTICKETS.CO.UK (ASAPTICKETS, “Platform”, “we”, “us”, “our”) and we are committed to maximally avoid risky processing of your personal data, as well as to process as much data as it absolutely necessary for achievement of our purposes or providing services on your request taking into consideration proportionality principle.

This Privacy policy:
  • applies if you are located within the UK (when using our services),
  • aims to give you information on how ASAPTICKETS processes your data,
  • is instrumental in ASAPTICKETS personal data protection system and it is bound to every ASAPTICKETS’s employee, associated company and subcontractor,
  • supplements other notices and privacy policies and is not intended to override them.

ASAPTICKETS invokes the Privacy policy concluding agreements and maintaining relationships with data protection authorities.

ASAPTICKETS processes your personal data in material compliance with the following principal provisions:

  • ASAPTICKETS respects and complies with the requirements of General Data Protection Regulation (GDPR), Data Protection Act 2018 and other national and international laws (“LAWS”).
  • We are fair and maximally transparent with you regarding your data processing and protection.
  • All the information is being provided to you in concise, transparent, intelligible and easily accessible form, using plain and clear language.
  • We will not process your data without having a legal basis and specified, explicit and legitimate purposes.
  • By default, we are processing only a personal data, which:
    • Is necessary to achieve the current purpose.
    • Is accurate and, where necessary, kept up to date.
  • Upon achievement of a purpose we are either deleting your personal data or anonymizing it, so it is impossible to identify you. When data is being processed for statistical and analytical purposes, we are applying anonymization or additional safeguards preventing any undue impact on your person (functional separation).
  • We perform and constantly improve organizational and technical measures ensuring your data protection against any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to the data.
  • We conduct staff training on a regular basis regarding data protection matters.
  • We carry out all the necessary measures, so the relevant safeguards to be included in agreements with other data controllers and processors, as well as responsibilities are clearly shared subject to the requirements of LAWS.
  • We use LAWS-compliant information and communication technologies (ICT) in processing your data,ensuring ICT integrity, confidentiality, availability and resilience in line with relevant risk level.
  • Our employees hold accountable for any breaches of this Privacy policy.

WHAT DATA DOES ASAPTICKETS COLLECT ABOUT YOU?

We are collecting different categories of data depending on your request of services, requirements of LAWS and our legitimate interests conducting our business.
When you provide to us your data, you are telling us that the information is true, accurate, complete and current. you are also telling us that you have the authorization to provide it to us.
ASAPTICKETS does not aim any of our products or services directly at children and we do not knowingly collect personal data about children, except in cases where it might be indirectly implied by nature of services (e.g. the air ticket booked for a passenger who is a child)
We collect your data from third parties. In addition, we also integrate third party software that collects information about users for security reasons.
Separately from other data, there are specified category of data as cookies. We are using cookies when you are using our Platform (e.g. browsing websites, applications of ASAPTICKETS, sending email and text messages, communicating through social media accounts). The cookies mostly relate to the necessity of providing services you have explicitly requested by you (e.g., to open a website or some section of it, mankind payments etc.) or your authentication during the login process.
Please find additional information on usage of cookies HERE.

WHY DO WE NEED YOUR DATA?

Depending on relationship (client, partner agreement, website user etc.) ASAPTICKETS collects only whose personal data minimally necessary for achieving processing purposes (e.g. sell/buy air tickets, make a payment, detect fraud, prevent identity thefts, send a newsletter, provide customer support etc.).
Main groups of processing purposes you can find HERE.
We also might use your data in aggregated form* for statistical and analytical purposes, e.g. to improve our website, products/services, marketing, customer relationships and experiences.
Depending on the current purpose, we apply on of the following lawful grounds: consent, performance of contract, legal obligation and/ or legitimate interests of controller or third parties.
Our legitimate interests, for which your data might be processed, are:

  • customer support;
  • fraud prevention;
  • debt recovery;
  • marketing of our services and products;
  • communication with you;
  • security of our services, property and your data;
  • improvement of the quality of our services and customer experience;
  • exercise and protection ASAPTICKETS’ and our partners’ legal claims;
  • comply with the requirements of foreign (non-UK) laws and regulations;
  • optimization of resources and increasing competitiveness;
  • statistical and analytical services.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data.
One of the main collection methods are VOICE CALLS, which may be recorded for the purposes set herein.
We have vested interest to ensure you have chosen the best possible option. Voice calls are an exclusive opportunity to provide you with an immediate customer support and disclose additional product features, you might not notice on a website or within our price quote.
Usually, we call back on your request. Sometimes there might be unfinished conversations regarding current flights (misunderstanding in live chat, email system error, poor internet connection etc.), which require immediate response.
We don’t make unwanted telemarketing robocalls or any annoying advertising campaigns.
You can opt-out this communication at any time by contacting us via phone or email.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where ASAPTICKETS collects personal data to comply with LAWS or under the terms of a contract where you are a party to such a contract, and you fail to provide your data when requested, we may not be able to perform the contract or to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

DISCLOSURE AFTER COLLECTING

Generally, we do not share your data with third parties.
The only way ASAPTICKETS is doing so, when it has a legal basis and processing purpose for doing so. Disclosing your data, we require recipients to follow LAWS and data protection measures when they process your data.
Our Platform and services may contain links to third-party websites, products and services. We may also use or offer products or services from third parties − for example, a third-party app.
When you use a third party service or clicking to third party website, our Privacy policy is not applicable. Please, contact the relevant third party to obtain their privacy rules.
Depending on processing purposes, we might share your data with associated companies of ASAPTICKETS, our services and goods suppliers, as well as other third parties. Other detailed information on our sharing practices you can find HERE.

SECURITY MEASURES

Considering the state of the art and costs of implementation, the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for your rights and freedoms posed by the processing,
ASAPTICKETS ensures and permanently improves security measures to protect your data from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed.
To achieve the highest security level, we are performing organizational and technical measures. The most typical measures you could find HERE.

YOUR RIGHTS

The scope of your rights (as data subjects) is set under each current processing purpose and legal basis which will be informed to you when ASAPTICKETS collects / you are providing your data to us.
In case we are a processor, you should take it into account exercising your rights, as the main contact for data subjects should remain data controller. In such cases we will definitely provide possible support in contacting the relevant controller.

Right to be informed
Every time we collect your data, ASAPTICKETS will inform you at least of the identity of a controller, the purposes of data processing and sources where to find additional information.
In the event we are collecting your data from other controllers (processors) you will also be informed in a timely manner.
So, our communication is made in intelligible, plain and clear way, but the texts are not burdensome, we will not inform you on details you already know.
There might be also other cases where your rights to be informed are limited.

Right of access
You are entitled to receive from ASAPTICKETS a confirmation as to whether or not your data is being processed by us, and if so, you have a right to access the relevant data.

Right to rectify and add
You are entitled to obtain from ASAPTICKETS without undue delay the rectification of inaccurate personal data. Considering purposes of processing you are also entitled to supplement incomplete personal data.

Right to erasure (“right to be forgotten”)
You are entitled to obtain from ASAPTICKETS the erasure of your data. In cases set by LAWS we shall delete your data.
Unfortunately, since the exceptional character of exercitation of such rights the LAWS set restrictions when your request might be refused.

Right to restriction of processing
In current cases you are entitled to file a request, so ASAPTICKETS restrict you data processing.
Nonetheless the restriction of processing, we will still be entitled to:

  • Store your data;
  • Process your data in any manner, if:
    • You have consented to it;
    • We have to establish, exercise or defend our legal claims;
    • The rights of another person shall be protected;
    • There are reasons of important public interest.

Right to data portability
You are entitled to transmit your data, which you have provided to ASAPTICKETS, to another controller, where:

  • the processing is based on consent or on a contract; and
  • the processing is carried out by automated means.

Unfortunately, there might be cases, when your data transmission to another controller is not technically easible. In this regard we will try to do our best in providing maximum support, so another controller receives your data.

Right to object (opt-out)
In case ASAPTICKETS processes your data:

  • the performance of a task carried out in the public interest, or
  • in the exercise of official authority vested in us, or
  • for the purposes of the legitimate interests pursued by us or by a third party,

You are entitled to object to such processing, specifying in your request the particular situation (reason for objection).
In such cases we will not process your data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
There are also other cases set by LAWS, when you are entitled to object, as well as the conditions under which the right to object might be exercised.

Your rights regarding automated individual decision-making, including profiling
You are entitled not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you, except where the decision:

  • is necessary for entering into, or performance of, a contract between you and ASAPTICKETS; or
  • is authorized by LAWS to which ASAPTICKETS is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
  • is based on your explicit consent.

Right to lodge a complaint
Without prejudice to any other administrative or judicial remedy, you are entitled to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you c onsider that the processing of your data infringes LAWS and we are not able to settle a claim in an amicable way.

RESTRICTIONS OF YOUR RIGHTS AND PRINCIPAL PROVISIONS

Please, be informed that each of your right and some of the principal provisions set herein might be restricted due to legislative measures, mostly to the advantage of other natural and legal persons, as well as national interests and public security.

DATA TRANSFERS TO THIRD COUNTRIES AND INTERNATIONAL ORGANIZATIONS

ASAPTICKETS might transfer your data to third country providing safeguards and security measures, so the level of your data protection is not undermined.
Such transfers might take place in cases, if:

  • we have to perform an agreement concluded between you and ASAPTICKETS;
  • we have to carry out pre-contractual measures in order to prepare a contract;
  • if you consented to the proposed transfer;
  • transfer is based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting third country and the EU or EU Member State (e.g. transfer of passenger name records to the United States Department of Homeland Security for the purposes of preventing, detecting and investigating terrorism offences and other transnational crimes);
  • transfer is based on standard data protection clauses adopted by European Commission, e.g. when we share the data with associated companies located in Moldova and the Philippines;
  • we use data storage facilities of our partners operating in the USA under the Privacy Shield;
  • other cases may be applicable (you shall be informed prior to any such transfer).

HOW DOES ASAPTICKETS TREAT YOUR REQUESTS?

Receiving your request on exercising your rights under this Privacy policy, we will process your request without undue delay and in any event within one month of receipt of the request, except in cases, we are not able to identify you (we are either not processing your personal data or it was anonymized/ erased). One-month period may be extended by two further months where necessary, taking into account the complexity and number of the requests. We will inform you of any such extension within one month of receipt of the request, together with the reasons for the delay.
In case, your requests are manifestly unfounded or excessive (e.g., repeats the substance of previous requests within period of time of 12 months or providing false or misleading information), ASAPTICKETS might refuse to act on the request explaining reasons or you might be charged a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested.
In case we have reasonable doubts concerning the identity of the natural person (also authorized representative) making the request, we may request the provision of additional information necessary to confirm the identity of such a natural person and/ or to prevent identity fraud.
You are entitled to receive one copy of your data free of charge. For any further copies we may charge a reasonable fee based on administrative costs. The right to obtain a copy shall not adversely affect the rights and freedoms of others.

ASAPTICKETS CONTACTS

The controller of your data is International Travel Network, LLC (Delaware, USA). The UK representative of the controller is TRAVELTECH ENTERPRISES LTD, having its registered address at 7 Hanover Square, Office 3.18, London, England, W1S 1BN. In case you have any questions regarding your data processing by ASAPTICKETS, please contact us at: [email protected]

AMENDMENTS AND EFFECTIVE DATE

ASAPTICKETS might make minor amendments to this Privacy policy which shall not leave negative impact to your privacy, except if LAWS set otherwise.
In case of material changes ASAPTICKETS will definitely publish such amendments and amended policy on our websites and, as far as possible, notify you either by email or by pop-up windows when you are entering our websites next time.
Amendments shall enter into force on the Effective Date.
Actual version of the Privacy policy is published on our websites.

The Effective Date of the Privacy policy: January 1st, 2020

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