1.2. "We"‚ "Our"‚ "Us" and “Federal Airlines” refer to Federal Airlines Pty Ltd‚ a company incorporated in accordance with the laws of the Republic of South Africa with company registration number 2004/022324/07‚ and with registered address at Hangar 14‚ Bonaero Park‚ Bonaero Drive‚ Kempton Park‚ Johannesburg‚ Gauteng‚ 1622‚ South Africa.
1.3. “Data Protection Laws” refers to applicable privacy and data protection laws governing Personal Information‚ including but not limited to the GDPR and POPIA.
1.5. "Material" or "Materials" includes data‚ information and databases.
1.7. “GDPR” General Data Protection Regulation (EU) 2016/679
1.8. “POPIA” or “POPI Act” means the Protection of Personal Information Act‚ No 4 of 2013.
2. General and Policy Applicability
2.3. Federal Airlines is responsible for the processing of any Personal Information provided to us via our website (www.fedair.com)‚ which is owned and operated by Federal Airlines (PTY) Ltd‚ and through other interactions with us.
2.7. If you supply goods or services to Federal Airlines‚ we will collect and use your business contact information for the purposes of our cooperation‚ and we will retain such information for as long as this is necessary for our legitimate business purposes. For further information on how process Personal Information in relation to our suppliers please contact our Information Officer.
3. Your Rights as a Data Subject.
3.1. As a data subject in terms of the POPIA Act‚ you do have the following rights:
3.1.1. The right to be notified that -
• Personal Information about you is being collected; and
• your Personal Information has been accessed or acquired by an unauthorised person.
3.1.2. The right to establish whether we hold Personal Information of you and to request access to your Personal Information.
3.1.3. The right to request‚ where necessary‚ the correction‚ destruction or deletion of your Personal Information.
3.1.4. The right to object –
• on reasonable grounds relating to your particular situation to the processing of your Personal Information;
• to the processing of your Personal Information –
o at any time for purposes of direct marketing; or
o for purposes of direct marketing by means of unsolicited electronic communications.
3.1.5. The right not to be subject‚ under certain circumstances‚ to a decision which is based solely on the basis of the automated processing of your Personal Information intended to provide a profile of you.
3.1.6. The right to –
• submit a complaint to the Information Regulator regarding the alleged interference with the protection of the Personal Information of any data subject or to submit a complaint to the Information Regulator in respect of a determination of an adjudicator as; and
• to institute civil proceedings regarding the alleged interference with the protection of your Personal Information.
4. Basis & Purposes for Processing‚ Collecting & Storing your Personal Information.
4.1. The Data Protection Laws allow us to collect and use your Personal Information only if we have a lawful basis to do so. We only collect Personal Information for the specific‚ explicitly defined and lawful purpose of conducting our business.
4.2. Personal Information is collected directly from data subjects. Subject to restrictions under applicable law we may also use other sources‚ to assist in obtaining relevant Personal Information about you. Personal Information is collected either by voluntarily action‚ automatic process or via third party processors:
4.2.1. Voluntarily -We have access to or collect Personal Information that you voluntarily give us via email or other direct contact from you.
4.2.2. Automatically - We may also have access or collect Personal Information that we collect automatically when you visit our website.
4.2.3. Third Party Processors - We may also collect information about you through our trusted third-party sources to assist us in providing services offerings to you.
4.3. When we process‚ collect or store your Personal Information‚ we do so on the following basis:
4.3.1. where it is necessary to process your Personal Information in connection with the performance of our services or a contract that we have with you;
4.3.2. where we are required to use your Personal Information to comply with our legal obligations‚ a request from a regulator or court of law or as otherwise permitted by law;
4.3.3. to pursue our legitimate interest‚ provided that we only use your Personal Information to pursue our legitimate interests where your interests and fundamental rights or freedoms do not override those interests; and
4.3.4. for any other purpose that you have agreed with us where you have given your explicit consent for specific forms of processing of your Personal Information‚ which consent you may decline or revoke at any time.
4.5. We will use your Personal Information only to perform our services and to fulfil our legitimate interests or those of other parties when these interests are not overridden by your rights. Supplying of certain types of information is mandatory in terms of legislations and regulations. If your Personal Information is collected in terms of a particular law authorising or requiring the collection of the Personal Information‚ we will take reasonably practicable steps to ensure that you are aware thereof. We may be obliged by law to collect and use some of your data‚ for example to transfer your API details to border control authorities.
4.6. We will only use your Personal Information when we are legally allowed to do so. Most commonly we will use your Personal Information for the following purposes and in the following circumstances:
4.6.1. where you have consented to the processing of your Personal Information.
4.6.2. the procession of your Personal Information is necessary to perform a contract with you or take steps to enter into a contract at your request.
4.6.3. to manage your travel bookings and provide our services to you.
4.6.4. for operational communications related to the booking arrangements; whereby we may need to contact you via mail‚ email‚ telephone or other forms of electronic messaging for administrative or operational reasons related to your travel/flight arrangements. Please be aware that these communications are not made for marketing purposes and as such‚ you will continue to receive them even if you choose to not receive marketing communications.
4.6.5. to handle any queries; in order to fulfil your requests‚ administer and resolve queries you may have as a result of contacting us with a written request or enquiry‚ or interacting with us on social media‚ or contacting us via telephone. Please note that your calls may be recorded for training and quality control purposes.
4.6.6. to handle any refund or compensation claims; in order to fulfil your requests‚ administer and resolve claims you may have as a result of contacting us with a written claim or interacting with us on social media‚ or contacting us via telephone. Please note that your calls may be recorded for training and quality control purposes.
4.6.7. to process your feedback; as a result of any query (as stated above) or in circumstances where we may send you an email requesting feedback which will provide us with information on how to improve our services and manage our relationship with you.
4.6.8. to personalise and improve your customer experience and provide personalised customer experience where relevant; where Personal Information may be used to review flight history‚ access to products and services‚ use of website‚ and offers.
4.6.9. to improve our services‚ fulfil our administrative purposes and protect our business interests; whereby we may use your Personal Information to fulfil our legitimate business interests. These interests include improving our services and offering you better customer experience‚ using information for accounting‚ billing and audit purposes‚ credit or other payment card verification‚ fraud screening‚ safety‚ security and legal purposes‚ statistical and marketing analysis‚ systems testing and maintenance. We will use personal information for the above business purposes only where we consider it necessary and we will try where possible to use information that does not allow the identification of our customers‚ for example we will mainly use aggregate data for analysis purposes. When we need to use information that can potentially allow the identification of our customers‚ we will use as little information as possible and we will do that in a way so as to respect your rights and freedoms.
4.6.10. to comply with our relevant legal obligations; for example‚ our obligation to provide information to border control agencies when operating on specific flight routes.
4.6.11. the processing of your Personal Information is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
4.6.12. where we need to protect your interests (or someone else’s interests).
4.6.13. where it is needed in the public interest or for official purposes.
4.7. Direct Marketing
4.7.1. We may use your Personal Information to periodically send you direct marketing communications about news‚ products and services that we think may be of interest to you. This will be in the form of email. We limit direct marketing to a reasonable and proportionate level‚ based on the information we have about you We may also use other ways to let you know about news and offers‚ for example through social media or when you take your Federal Airlines flight or you contact us.
4.7.2. Where an opt-in consent is required‚ we will ask for your consent.
4.7.3. You have a right to stop receiving direct marketing at any time. You can do this by contacting our Customer Services or Marketing team and expressing your preference not to receive marketing communications‚ or by opting out of receiving marketing communication by clicking on the relevant unsubscribe link at the bottom of the marketing related communications you may receive from us‚ or choosing the relevant option before confirming your booking.
5. Categories of Data We Collect & When
5.1. Personal Information is collected directly from data subjects. We have access to or collect Personal Information that you voluntarily give us via email or other direct contact with you. We may also have access or collect Personal Information that we collect automatically when you visit our website. Additionally‚ we may collect information about you through our trusted third-party sources to assist us in providing services offerings to you.
5.2. Subject to applicable law‚ we may also use other sources to assist in obtaining relevant Personal Information about you.
5.3. Depending on the purposes for which we need to use your Personal Information‚ we may collect and process the following categories of information about you‚ which may include Personal Information about you:
• Your name‚ surname‚ date of birth and your contact details (email address & telephone number).
• When you book a flight or charter an aircraft;
• When you take part in our competitions and surveys;
• When you purchase our partners' travel products available through our website;
• When you create an account on our website;
• When you voluntarily register and subscribe to receive our newsletters‚ company news and marketing materials‚ or use our online “contact us” forms.
• Whether the purpose of travel is for business or leisure reasons.
• When you book a flight or charter an aircraft;
• When you take part in our competitions and surveys.
5.4. Information about your bookings and your travel itinerary or if you require special assistance. This information may include any changes to your bookings and travel products that relate to your booking (for example if you purchase allocated seats or additional baggage).
• When you book or manage your flight.
• When you charter an aircraft.
5.5. Information about your health if you have a medical condition that may affect your travel arrangements.
• When you provide us with this information before or during your flight.
5.6. Information about other passengers in your booking‚ and the age range of any children traveling with you.
• When you make a booking on behalf of other passengers.
5.7. Information about your transaction‚ including your payment card details (which we do not store full details of‚ and store according to Payment Card Industry compliance)
• When you purchase any products or services.
5.8. Advance Passenger Information ("API"). This information includes your full name‚ your nationality‚ your date of birth‚ your gender (where required) - the number and type of your travel document (e.g. passport or ID)‚ its expiry date and country of issue
• When you check in for specific travel routes. 5.9. Information related to your flights and our services in connection with your flights. • When you take a Federal Airlines flight.
• When you use our services at the airport.
5.10. Information about your purchases of our partners’ travel related products and services
• When you purchase such products or services which are available through our website.
5.11. The communications you exchange with us (for example‚ your emails‚ letters‚ calls‚ or your messages on our online chat service)
• When you contact Federal Airlines or when we contact you.
5.12. Your posts and messages on social media directed to Federal Airlines.
• When you interact with us on social media.
5.13. Your feedback.
• When you reply to our requests for feedback or participate in our customer surveys.
• When you contact us about any reported problems with our website‚ social media pages or bookings.
5.14. Information about how you use our website‚ such as your searches for flights and services we offer.
• When you use our website.
5.15. Information about your device software and hardware such as the operating system‚ device software‚ type of browser or device‚ the Internet Protocol (IP) address assigned to your device‚ geographical information (based on mobile network tower‚ GPS or Wifi network location).
• When you use our website.
• When you access our social media pages.
5.16. Information about your bank account and receipts for expenses you have incurred.
• When you request compensation or the refund of expenses in the event of flight disruption.
5.17. If at any point we need to collect types of data that are not included in the above list and to the extent required by applicable law‚ we will take reasonably practicable steps to ensure that we provide you in advance with all necessary information relating to this specific collection and use of your data.
5.18. There may be instances in which the Personal Information that you provide to us or which we collect constitutes Personal Information of someone other than yourself‚ such as your child where you are booking on their behalf.
5.19. Where you provide a third party's Personal Information to us‚ you warrant that the information is accurate and that you have the necessary consent to share the data with us‚ unless you have another lawful basis for sharing the data with us.
5.20. If you are sharing the Personal Information of a child with us or consenting to anything on behalf of a child‚ you warrant that you are a Competent Person (as such term is defined in POPI) in respect of that child and accordingly that you are a person who is legally competent to consent to any action or decision being taken in respect of any matter concerning that child.
6. Special Categories of Personal Information
6.1. We only in very limited circumstances collect and process information about you which is categorised as Special Personal Information under applicable Data Protection Laws. This may include information such as your race‚ ethnicity‚ biometric information‚ or criminal records.
6.2. Where we process Special Personal Information‚ we only do so where we have obtained your explicit consent or where such processing is necessary for purposes of carrying out our legal obligations and exercising specific rights in law.
6.3. If you do not allow us to process any special category of Personal Information‚ this may mean we are unable to provide all or parts of the services you may have requested from us. Please be aware that in such circumstances we may not be able to extend our services to you.
7. Sharing Personal Information
7.1. We will not use‚ share or disclose your Personal Information to third parties without your consent‚ unless the use or disclosure is required in order to comply with‚ or permitted by applicable law‚ an order of court or legal process served on us; and/or disclosure is necessary to protect and defend our rights or property.
7.2. Should access to your information be requested in terms of the Promotion of Access to Information Act. No. 2 of 2000 ("PAIA")‚ we will notify you of such request in accordance with the terms of PAIA. For further details please contact our Information Officer.
7.3. Your Personal Information will be treated in accordance with the prescribed conditions for the lawful processing of Personal Information as prescribed by the applicable Data Protection Laws. We may share your Personal Information with:
7.3.1. Partners and Affiliated Companies – any partner or affiliated company‚ including but not limited to our partners who offer travel related products and services through our website‚ promote offers or co-organise competitions on our website or social media platforms‚ or a third party who acquires us‚ a member of our Group or substantially all of our assets.
7.3.2. Service Providers – we may disclose the information we collect from you to third party contractors‚ technology and other service providers or agents who perform functions on our behalf or are engaged with us. These service providers are allowed to access and use the information we make available to them only as needed to perform their functions and for no other purposes‚ subject to appropriate contractual restrictions and security measures. Our service providers and third-party contractors may include the following:
• Airports and related service providers.
• Travel agents or other companies through which you book your Federal Airlines flights.
• Suppliers providing services to us in order to help us run our business and improve our services and your customer experience. This includes ground services for us at airports from/to which we operate‚ our customer contact centre‚ the companies who help us get your feedback on our services‚ appointed companies that provides IT support and systems‚ and companies that support our customer services activities.
• Agents‚ advisors‚ employees and/or third-party service providers and suppliers who assist us to interact with you via our website‚ mobile communications and/or email‚ and thus need to know your Personal Information in order to assist us and to communicate with you properly and efficiently.
• Credit and debit card companies; Federal Airlines may share some of your Personal Information‚ which includes information about your method of payment‚ flight booking and in some cases passenger names‚ to the credit or debit card company that issued the card you used to make your booking. In order to ensure the security of your transactions and prevent or detect fraudulent transactions‚ we will usually also share your information with our fraud screening partner.
7.3.3. In response to Legal Process - We may disclose the information we collect from you in order to comply with the law‚ a legal proceeding‚ court order or other legal process‚ such as in response to a court order or a subpoena.
7.3.4. Third parties –
• third parties used to facilitate payment transactions‚ for example clearing houses‚ clearing systems‚ financial institutions‚ and transaction beneficiaries.
• third parties where you have a relationship with that third party‚ and you have consented to us sending information (for example social media sites or other third-party application providers);
• third parties for marketing purposes (e.g.‚ our partners and other third parties with whom we work and whose products or services we think will interest you. For example‚ financial services organisations (such as banks‚ insurers‚ finance providers)‚ payment solutions providers‚ software and services providers that provide business solutions);
7.3.6. Government bodies‚ authorities‚ regulators‚ industry bodies and any other third party necessary to meet our legal and regulatory obligations. For example‚ for specific travel routes we are required by law to provide border control agencies with information that relates to your travel documents and to your travel itinerary. This information is known as API (Advance Passenger Information). See our help page for more details about travel documents and API.
7.3.7. Professional Advisors - our own professional advisors and auditors for the purpose of seeking professional advice or to meet our audit responsibilities.
7.5. If you are concerned or object to our sharing of Personal Information as prescribed above then you should not use our website‚ or refrain from sharing Personal Information with us through any means‚ and you understand and agree that the failure to provide any information may result in our inability to provide you with the requested services or products.
8. Data Access & Portability
8.1. You are entitled to know whether we hold your Personal Information and if so‚ receive a copy of your data. You can email our Information Officer to request a copy of your Personal Information.
8.2. In order for us to be able to process your request‚ you will need to provide us with the required information below:
• Your full name.
• A description of the data you would like to access including a date range.
• All email addresses you have used to book Federal Airlines flights or communicate with us‚ even if you no longer use these.
• Other information that may help us locate your data.
• For the protection of your information‚ we will also need to verify your identity‚ so make sure you upload in the form a copy of your current and valid photo ID.
8.3. If you submit a request on behalf of another person‚ we will need to ensure that this person has authorised you to make this request and receive their data. You will need to ensure that in your email you state that you have the right to submit such a request on behalf of another person‚ and any relevant data and details we request to satisfy ourselves of the integrity of your request.
8.4. We shall provide such data structured‚ commonly used and machine-readable format.
9. Data Rectification
9.1. If you believe that we hold incorrect or incomplete information about you‚ please contact our Information Officer and we will correct it.
9.2. Please note that any requests for changes in your active bookings‚ for example changes of passenger names or of travel details may also be bound by the Terms & Conditions of Carriage and the applicable fare rules.
10. Retention & Deletion of Personal Information
10.2. Where your information is no longer required‚ we will ensure it is disposed of in a secure manner and‚ where required by applicable law‚ we will notify you when such information has been disposed of.
12. Withdrawing consent
12.1. When we rely on your consent to process your Personal Information (for example when you save details in your account for future use)‚ you have the right to withdraw your consent at any time subject to applicable legislation requiring or permitting such processing. We will respect your choice and stop further processing your data; however‚ any use of your data before you withdraw consent will not be affected.
13. Concerns and Complaints
13.1. If you have any concerns in relation to how we use your Personal Information‚ or if you believe that we have not replied to your access request or have not handled your Personal Information in a reasonable manner‚ please address your concerns first with our Information Officer. You may also choose to lodge a complaint with the Information Regulator‚ whose contact details are the following:
The Information Regulator
Physical Address: JD House‚ 27 Stiemens Street‚ Braamfontein‚ Johannesburg‚ 2001
Postal Address: P.O Box 31533‚ Braamfontein‚ Johannesburg‚ 2017
Complaints email: complaints.IR@justice.gov.za
General enquiries email: firstname.lastname@example.org.
14. Protecting Your Personal Information
14.1. We take the privacy and security of individuals and their Personal Information very seriously and take every reasonable measure and precaution to protect and secure the Personal Information that we process.
14.2. All Personal Information is treated as strictly confidential. We take appropriate legal‚ technical and organisational measures to ensure that your Personal Information is kept secure and is protected against unauthorised or unlawful processing‚ accidental loss‚ destruction or damage‚ alteration‚ disclosure or access.
14.3. Where legally required‚ we shall promptly notify you if we become aware of any unauthorised use‚ disclosure or processing of your Personal Information.
14.5. Upon your request we shall promptly return or destroy any and all of your Personal Information in our possession or control.
14.6. We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach or unauthorised disclosure where we are legally required to do so.
14.7. We take every reasonable measure and precaution to protect your Personal Information‚ and we will use technology that will help us to do this. When you provide your Personal Information through our website‚ this information is transmitted across the internet securely using industry standard encryption. However‚ the transmission of information via the internet is not completely secure and we cannot guarantee the security of your information transmitted to our website. Any transmission of your information on the website is entirely at your own risk.
14.8. Federal Airlines and/or appointed third party payment processing providers may be required to process credit / debit card information in accordance with Payment Card Industry compliance processes and policies. This means that we adhere to high security standards in order to protect your payment card details when you are sending us this information.
14.10. We will ensure that all employees and/or third-party service providers having access to your Personal Information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your Personal Information.
15. International Transfer of Personal Information
15.1. We may‚ from time to time‚ transfer‚ store or host‚ your Personal Information on servers outside of South Africa. This may include access to your Personal Information by staff operating outside of South Africa who work for us or for our suppliers or agents (this includes staff engaged in‚ among other things‚ the fulfilment of your booking‚ for example our ground handling agents who assist you at the airport‚ and the provision of support services).
15.2. Should your Personal Information be transferred outside South Africa‚ we shall ensure that at least the same level of data protection will be applied in the other country where the data is being processed and/or that we and/or the service provider acts at all times in compliance with applicable Data Protection Laws.
15.4. Also‚ in some instances we may be compelled by law to disclose our customers’ Personal Information to a third party‚ such as airports and border control agencies‚ and we have limited control over how data is used and/or protected by that party.
16.1. In order to improve our services‚ to provide you with more relevant content and to analyse how visitors use our website and app‚ we may use technologies‚ such as cookies‚ pixels or tracking software. Please be aware that in most cases we will not be able to identify you from the information we collect using these technologies.
18. Contact information
Name: Evashnie Govender
Telephone number: +27 10 448 0875 Extn 10017
01 June 2021