BAMBOO AIRWAYS JSC, a subsidairy airlines company of FLC Group, is lawfully incorporated under the law of Vietnam, having its Business Registration code: 0107867370, issued by Business Registration Division, Department of Planning and Investment of Binh Dinh Province, Vietnam May 31st, 2017 (hereinafter referred to as “Bamboo Airways”).
1. Bamboo Airways’ commitment of personal data protection
Bamboo Airways is sometimes acting in a joint control relationship with other companies providing air services in cooperation through code-share flight agreements or interline agreements or providing travel arrangements hotels, travel insurance, transfer payment…. For the processing of your personal data in relation to these activities, Bamboo Airways and the other companies are jointly responsible. We have determined our respective responsibilities for compliance with the obligations under applicable privacy legislation for processing your personal data in relation to these activities by means of an arrangement between us. In summary, we have arranged that if you want to exercise your rights, such as your right to access, correct, erase, restrict, object or port personal data or to withdraw your consent, or if you have any questions or complaints about the processing of your personal data, you can either contact us or contact the other company partners. We will assist each other where necessary to ensure that you can exercise your rights and your questions and complaints will be handled.
More specifically, Bamboo Airways undertakes in particular to respect the following principles:
- Your personal data are processed lawfully, fairly, and transparently
- Your personal data are collected for specific, explicit and legitimate purposes and are not further processed in way incompatible with these purposes.
- Your personal data are stored in a appropriate and relevant manner and are limited to what is necessary for the purposes for which they are processed
- Your personal data are accurate, kept up to date and all reasonable steps are taken to ensure that inaccurate data, having regard to the purposes for which they are processed, are erased or rectified without delay
Bamboo Airways implements appropriate technical and organizational measures to ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage.
Furthermore, Bamboo Airways contractually imposes the same level of personal data protection on its subcontractors (service providers, suppliers, etc.).
2. Purposes for which Bamboo Airways collect and process your data
Personal information or data provided to us is used to serve your interests and privileges when you enjoy travelling with us, purchasing or using our services, including Bamboo Club, Bamboo Holidays, visiting our websites, using our mobile site and mobile applications or contacting us. For this reason, the main purposes for which we collect and process your personal information are as follows:
To perform our contractual obligations and enable an appropriate level of service to our customers
In order to handle and perform the contract of carriage, Bamboo Airways will process the information including your name, surname, passport number and other identifying information to issue your ticket, for check-in assistance and compliance with security Authority requirement at the airport. Your contact details is in order to inform you properly about changes of your flight status.
In order to perform the contract of carriage in compliance with applicable law and an appropriate level of care, Bamboo Airways offers you the possibility to indicate some information about your specified medical needs or special meals to be provided aboard. Collection and processing of these personal data will be subject to your express consent and will be exclusively used by Bamboo Airways in order to perform the contract of carriage and provide you with an appropriate level of service.
For the Bamboo Club Program Purposes
Bamboo Airwyas uses the customer data (i) t0 create membership account and updating new Bamboo Program to the members and regulation, (ii) let you benefit from the discounts and rewards under, (iii) to process and administer the reservation and issuance of tickets for Customer, (iv) to contact Members regarding their enquiries, (v) to provide services requested by members, (vi) to manage and evaluate data on flight frequency of members to develop the appropriate fare policy and customer service policy, (vii) to receive information, comments, suggestions, from members to improve the service qualified of Bamboo Airways .
Accounting and financial requirement
We collect, store and use your data for internal business purposes, such as record keeping and to comply with our legal and fiscal obligations. These data will be kept for a period of 10 years, following a legal obligation imposed to Bamboo Airways .
For customer care purposes
Your personal data are used by Bamboo Airways to provide you with a customer care service (i) to receive information, comments, suggestions, claims to improve the service quality of Bamboo Airways , (ii) to contact and communicate customers regarding their enquiries, (iii) for statistical analysis in order to develop and improve Bamboo Airways services and offerings on the basis of personal information and requests and (iv) to provide more quickly responsive support to customers and improve the content and designs of Bamboo Airways ‘ website, mobile site and apps, (v)realize surveys regarding the satisfaction of customers and for better understanding of customers’ needs and (vi) potential complaints or claims of passengers.
For direct marketing purposes
We only send you direct marketing notifications as described in the first paragraph with your prior consent (opt-in).
You can always object to the use of your personal data for such direct marketing purposes, by clicking the unsubscribe link in the email or contacting us.
3. Items of Personal information which may be collected and processed by Bamboo Airways
General Information Colection
When using its services and in particular the services accessible on its website, its mobile apps, Bamboo Airways may collect and process the following categories of personal information:
Name, passport number and other identifying information: name, gender, date of birth, passport or other personally identifiable number (date of issuance, place of issuance), nationality, language;
Your contact details and personal account or registration details: contact information, such as, telephone number, mailing address, email address, fax number; home address, mobile number, private email address, hobbies, preferences and information related to Member’s special needs;
Your payment information: payment information of credit or debit card such as name of cardholder, card number, expiry date, verification code;
Information about your reservations, bookings and purchases: information relating to reservation and booking information such as your flight, prices and the date of your reservation or booking; .
Information we collect when you use our websites, apps and other digital media: personal information that is generated automatically when Customers using Bamboo Airways Website such as IP information, cookies, website log;
Our communication with you: communication, communication preferences (unsubscription from newsletters, choice to receive your booking related communication,…), registration of your questions, survey, research, complaints or phone calls;
Information in relation to social media: Depending on your social network settings we may receive information from your social network provider. For example, when you sign in for our services using a social network account, we may receive your social network profile including your contact details, interests and contacts.
Personal Information of children: We may collect information of the child after obtaining consent or authorization from his or her parent or guardian in accordance with data protection applicable law and who may request to view, edit their child’s personal information or to alter or withdraw consent at our sales offices on the website.
Bamboo Airways may also collect certain information relating revealing racial or ethnic origin, political opinions, religious or philosophical beliefs which can be considered as ”sensitive personal data” pursuant to the law of Vietnam and under other applicable jurisdiction. Subject to your express consent, Bamboo Airways may collect, use and share your special categories of data with third parties with assistance during your travel (medical needs and Persons with Reduced Mobility).
4. Period for Personal data retention
Bamboo Airways will retain your personal information collected on our internal system in the period of services provision or as long as fulfilling the purposes which it was collected or in so far as such is necessary for compliance with statutory obligations and for solving any disputes or until the information are required to be deleted by you.
5. Methods of personal data collection
6. Legal basis of the processing of your personal data
Bamboo Airways processes your personal data (i) on the basis of your explicit consent, (ii) to perform the contract or in order to take steps at the request of the data subject prior to entering into a contract, (iii) to comply with legal obligations we are subject to or (iv) to perform Bamboo Airways ‘ legitimate interests.
Your consent may always be withdrawn at any time in accordance with article 9 below. In such case, be aware that the withdrawal of consent shall not affect the lawfulness of processing based on your consent before the withdrawal. Furthermore, if you refuse to provide Bamboo Airways with some of personal data or if you provide Bamboo Airways with incomplete or inaccurate information required for the performance of the contract or for compliance with a legal obligation, be aware that we may not be able to provide or deliver you all or parts of the services, which you may have requested from us in full quality. When we process your personal data for our legitimate interests or the interests of a third party, Bamboo Airways ensures that a balance of these interests against your legitimate interests has been done. Where necessary we have taken appropriate measures to limit implications and prevent unwarranted harm to you.
7. Potential recipient of your personal data
Potential recipient of your personal data
Bamboo Airways may disclose the Personal Information to third parties, such as authorized Bamboo Airways ‘ employees, undertakings of the FLC group, business partners (our travel agents, Airlines codesharing, car rental companies, hotels, credit card companies…) service providers or travel-related businesses pursuant to the performance of the services (bookings and travel arrangements, support services and customers’ care, loyalty programs, statistical analysis,…) our legal obligations (security and safety on board, PNR information,…) or our legitimate interests (direct marketing purposes of Bamboo Airways or our partners,…) and for the purpose of providing the best services to you.
As any airline company, Bamboo Airways may be required to provide personal information to authorized public authorities (customs, immigration, police, etc.), such as for the completion of mandatory immigration formalities or for the purpose of preventing and fighting terrorism and other serious offences. Bamboo Airways may be required to transmit passengers booking, check-in and boarding data to the competent authorities according to Vietnam Regulation.
The disclosure of third party processor will be conducted by a contract, where it requires and ensures the protection of your personal data in accordance with this policy, and the applicable law.
Transfers of personal data to third countries
You are informed that Bamboo Airways may transfer your personal data to third parties located outside such as mainly Vietnam and the Germany in order to be processed and stored.
8. Your rights to the Personal data collected
a) Subject to the applicable law you, as the possessor of personal data, have the following rights:
The Right of access
You have the right to ask Bamboo Airways , at any moment, for confirmation that certain of your personal data are processed by Bamboo Airways and to obtain certain information such as the categories of personal data concerned, the purposes of the processing and the recipients or categories of recipient of those data.
The right of rectification
You have the right to obtain from Bamboo Airways the rectification of inaccurate or incomplete personal data concerning you.
The right to be forgotten
You have the right to obtain the erasure (deletion of your personal data) of your personal data stored by Bamboo Airways in the situations where your personal data are no longer necessary in relation to the initial purposes for which they were processed as well as situations where they were processed unlawfully.
The right to restriction of processing
You have the right to obtain from Bamboo Airways a limitation of the processing of your personal data without deleting the personal data.
The right to object
Your have the right to object at any time to the processing of its data for prospecting and direct marketing purposes.
The right to withdraw consent
When the processing of your personal data is subject to your prior consent, you have the right to withdraw your consent at any time. Withdrawal of consent shall not affect the lawfulness of processing based on your consent before the withdrawal.
You shall be aware that the withdrawal of consent shall not affect the lawfulness of processing based on your consent before the withdrawal. In case of the withdrawal, it may mean we will not be able to provide or deliver you all or parts of the services, which you may have requested from us in full quality
The right to lodge a complaint
You have the right to lodge a complaint to the competent authority in the event of violation by Bamboo Airways of the applicable legislation regarding the protection of personal data according to Government Regulation.
b) You can exercise your rights listed above by sending a postal mail or an email to the following address:
Bamboo Airways Joint Stock Company – BAMBOO AIRWAYS.
Correspondence Address: 22nd floor, Bamboo Airways Tower, 265 Cau Giay street, Dich Vong Ward, Cau Giay District, Hanoi Capital, Vietnam.
In this context, please include in your request the elements necessary to your identification (name, first name, e-mail) as well as any other information necessary for the confirmation of your identity.
9. Technical Measures for protecting Personal Information
To secure the safety of Personal Information from a loss, theft, leak, falsification, or damage, Bamboo Airways employees the following technical, managerial, physical devises as:
a) The important personal information is stored and managed in password protected mode within the limited access.
b) Given the risk of hacking, varying likelihood and severity for the rights and freedoms of natural persons, Bamboo Airways is committed:
To prevent customers’ Personal Information from leakage or damage by hacking or computer virus.
To control the access suspension system, unauthorized accesses from outside.
To implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including the pseudonymisation and encryption of personal data.
To ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
To restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;
To ensure a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing
To operate an exclusive organization for protecting personal Information.
10. Communication with customer and notification to the local authority in case of a breach of your personal data
a) We will communicate immediately, when your personal data are breached, to you and to the local authority as every time. This communication about your personal data breach will describe in clear and plain language the nature of the personal data breach and contain at least the following information and measures :
Communicate the name and contact details of the data protection officer or other contact point where more information can be obtained;
Describe the likely consequences of the personal data breach
Describe the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects
b) The communication to you referred to in paragraph 12.1 of this Article shall not be required if any of the following conditions are met :
Bamboo Airways has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption.
Bamboo Airways has taken subsequent measures which ensure that the high risk to your rights and freedoms referred to in paragraph 1 is no longer likely to materialize;
It would involve disproportionate effort for Bamboo Airways . In such a case, there shall instead be a public communication or similar measure whereby you are informed in an equally effective manner.
Bamboo Airways makes sure that the protection for Personal Information is implemented and complies with the required policy.