Privacy Policy of Kiwi.com

We, as the Data Controller, are the company Kiwi.com s.r.o., with a registered office at Rohanské nábřeží 678/25, 186 00, Prague 8-Karlín, Czech Republic, Company ID No.: 29352886, registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 387231, Tax ID No. CZ29352886.

Personal Data: any information relating to a directly or indirectly identified or identifiable natural person. That means that if we possess means to identify either you or even the device you’re using, any information that we can connect to you will be treated as Personal Data.

Data Controller: someone that determines the purposes and means of processing Personal Data. For example, we are a Data Controller when we process your Personal Data for the purposes stated in this Privacy Policy.If you choose to book a ticket through our website or app, we will be sending your Personal Data to another Data Controller – the carrier or the provider of other services – who will again use your Personal Data for its own purposes. Each Data Controller should have a Privacy Policy such as this one where you can learn about how your Personal Data is processed. You can see the overview of Data Controllers with whom we might share the data below.

Data Processor: a third party that only helps to achieve the purposes determined by the Data Controller. For example, we as a Data Controller use many third-party services to which we outsource some parts of our activities that we don’t do ourselves for various reasons such as cost-efficiency. A Data Processor is only allowed to process your Personal Data according to our documented instructions.

Third Countries: countries in which the GDPR regime is not applicable. Currently, by Third Countries, we mean all countries that lie outside of the European Economic Area.

We collect your Personal Data directly from you, either when you provide us your Personal Data or gather them by ourselves when you use our services or you are in touch with us. Depending on the processing purpose, we may process the following categories of Personal Data:

Users

Whenever you access our website or app, we process your Personal Data for the purposes defined below:

Customers

When you order any of our services, we will continue to process your Personal Data for the purposes explained above. The scope of the processed Personal Data for these purposes will, however, also include the Information about your Booking(s) and Information about your requests and your communication with us. Besides this, we will process your Personal Data for the following purposes:

Co-travelers

If someone orders a service from Kiwi.com for you (for example, books a flight ticket with your name), we will process your Personal Data, even if you’re not a direct customer. Your Personal Data will be processed for the following purposes:

Sharing data with other Data Controllers

In some cases, we will share your Personal Data with third parties for their purposes. For example, we send your data to the carriers with which you, through our brokerage services, enter into a contract of carriage and whose identity will be made known to you before you enter into the agreement with us or with a provider of other services under the same conditions. In some cases, we also share your Personal Data with the operators ticket marketplaces, such as the Global Distribution Systems.

This means that your Personal Data may be disclosed to selected carriers or providers of other services in Third Countries. You can learn more about transferring your data to Third Countries here.

Each selected carrier and provider of other services will treat your Personal Data in accordance with their own Privacy Policy (which is published on every carrier’s website). Disclosure of Personal Data to all service providers will be done in accordance with the applicable Personal Data laws and regulations.

If you give us your consent through our cookie settings, we will share some of your data with our partners for marketing purposes.

We also share certain data with Google Ireland Limited, as a provider of advertising and analytics services. Google Ireland Limited may process this data for the purposes of advertising personalization and measuring advertising effectiveness. For more information on how Google Ireland Limited processes personal data, please visit Google’s Privacy & Security Center.

Sharing Data with Data Processors

There are many activities that we need completed but can’t do by ourselves. Therefore, we use third-party partners to help us. In many such situations, the partners logically couldn’t manage without your Personal Data. Because of this, we share it with them. However, in all cases like this, we remain controllers of your Personal Data and they act as processors.

That means that even though they are in possession of your data, they can only process it for our purposes and we are always in charge of it. They cannot under any circumstances use the data for their own purposes or to use the data in a way that would go against our agreement.

Furthermore, we only use partners that have given us sufficient guarantees that they comply with the legal requirements and that your data will be always kept safe.

In general, we will process your Personal Data until we don’t need it for any of the purposes defined in this Privacy Policy. Usually, we process your Personal Data for the duration of statutory limitation period, which is generally 3 years, plus an additional 1 year because of the time reserve necessary for delayed deliveries of notices and our additional actions.

For the purpose of legal obligations fulfillment, we process your Personal Data for the duration required by the applicable law, e.g. 10 years for archiving of invoices.

For the purpose of your Kiwi.com user account, we will store your Personal Data for 5 years after the last action you performed by you while logged in.

For the purpose of personalized offers, you will periodically get email offers from us, and in every email, there will be a clear and easy way to unsubscribe and therefore object to this type of processing. We will keep and use your Personal Data for this purpose until you unsubscribe.

We want you to always be in control of your Personal Data. To this end, you have certain rights that allow for it. Under certain conditions, you may:

1. gain access to all your data that we use or processing, and even get a copy of all of it,
2. ask us to delete your data,
3. correct the data that we are processing if you think that there are mistakes,
4. restrict the data processing,
5. object to processing,
6. receive your Personal Data in a commonly used and machine-readable format or to transmit this data to a different provider.

You can exercise your rights by sending us an email with your request through this form: kiwi.com/privacy/rights.

Please note, that in order to ensure the safety of your Personal Data, we will only comply with the requests that are sent from the email address used during the booking or ordering of a service. If someone else did the booking for you, we will request that you provide additional information to us (Booking ID, etc) to ensure that you are really the owner of the Personal Data in concern.

If we need to, we may transfer your Personal Data outside of the EEA. This will happen when you want to book a ticket with a carrier from a Third Country or when you order a service from a provider based in a Third Country. Naturally, we need to transfer your data to these third parties because without it, the provision of ordered services would not be possible. We may also transfer your Personal Data outside of the EEA to Data Processors located in Third Countries.

For transfers to recipients in countries where we cannot rely on the decision of the adequate level of protection according to Art. 45 of the GDPR or appropriate safeguards according to the Art. 46 of the GDPR, we will transfer your Personal Data based on the exception in the Art. 49 Para. 1 Lett. b) of the GDPR. Each selected carrier or service provider will treat Your Personal Data in accordance with its own Privacy Policy (which is published on every carrier’s website). Disclosure of Personal Data to other service providers will be done in accordance with the applicable Personal Data laws and regulations.

Data Protection is a serious matter and the rules are quite difficult to implement correctly. No one is perfect, and it may happen that we make a mistake. If you feel that we mishandled your Personal Data, please turn to us first and we promise that we will try our best to resolve the situation. You can always approach us with any privacy or data protection related issue through this form: www.kiwi.com/privacy/questions.

Nevertheless, at any time, you have the right to lodge a complaint with a supervisory authority. If you are from the EU, you can complain at the authority in the member state of your residence, in the member state where you work or in the member state of the alleged infringement.

Generally, the complaints will be handled by the Czech Office for Personal Data Protection. You can learn more on http://www.uoou.cz.

If you are a US customer, please refer to the section "Specifics for Residents of Selected States" below to learn if there are any particular provisions that apply to you regarding the submission of a complaint.

No matter where you live, we assure your privacy is protected. For selected countries and states, there are some differences and supplements to this Privacy Policy, which might be applicable to you under conditions specified here.

For customers of Kiwi.com, Inc.

In some cases specified in our Terms and Conditions (i.e. you are US Consumer under the criteria specified in our Terms and Conditions), our services are provided to you through our US company. If that is your case the following specific provisions are applicable to the processing of your Personal Data.

Your Personal Data is processed by company Kiwi.com, Inc., with a registered office at 1221 Brickell Avenue, Suite 1115, Miami, Florida, 33131, United States, as a Data Controller. Company Kiwi.com s.r.o. operates as a Data Processor and all other Data Processors specified in this Privacy Policy operate as Data Sub-Processors.

These specific provisions do not apply to the processing of Personal Data for all the purposes related to Users and for the purpose of “User account — saved traveler” where the Personal Data are processed by Kiwi.com s.r.o.

For residents of California

These specific provisions are applicable to you if you are a resident of California.

We comply with the California Consumer Privacy Act (the “CCPA”) which sets the highest privacy and data protection standards in the United States. For information about our processing of your Personal Data, you can always check out this Privacy Policy.

You have a right to request information on how we process your Personal Data and be provided with their copy. We will provide you with the first two copies in a 12-month period for free. You also have a right to request the deletion or correction of your Personal Data. You can find more information about your rights and how to exercise them in this Privacy Policy (sections ‘How to access and control your Personal Data?’ and ‘Contacting us and exercising your rights’).

If you decide to exercise any of your rights, we will require you to verify your identity, e.g., by proving your ownership of your email address. If your rights are requested by an authorized agent, we will require your written authorization and the verification of your and the agent’s identity. We will never discriminate against you or treat you unfavorably because you exercised any of your rights.

We may offer you a financial incentive in the form of a coupon, credits, or any other form of discount in exchange for your subscription to marketing messages. The specifics of the particular incentive shall be displayed to you as a part of the offer to subscribe. We deem the value of your subscription to be equal to the value of incentive provided to you based on our assumption of additional spending. If you decide to accept our offer, you may always cancel it without any limitations of your rights. You can find more information in this Privacy Policy (section ‘For what purposes do we use your Personal Data?’).

We do not sell your Personal Information within the meaning of CCPA.

For residents of Virginia, Texas, Connecticut, Colorado, Utah, and Montana:

You can exercise the rights you have under your respective state privacy laws (data correction, data deletion, etc.) by submitting a request to us. You can find more information about your rights and how to exercise them in this Privacy Policy (sections ’How to Access and Control Your Personal Data?’ and ’Contacting Us and Exercising Your Rights’).

We will respond to your request promptly, within the maximum period set by your state legislation. Please note that we may extend this period if necessary, based on the complexity and number of requests received. In such a case, we would notify you within the initial response period and provide reasons for the extension.

We will respond to your request free of charge in the following cases:

• If you are a resident of Virginia and you ask for information for the first or second time in a year.
• If you are a resident of Connecticut, Colorado, Utah, or Montana and you ask for information for the first time within any twelve-month period.
• If you are a resident of Texas, we will provide you with information free of charge at least twice a year.

Please note that in some cases, we may charge a fee or even decline your request. However, we will only do so on the grounds set by the law to which you are subject (e.g., if the requests are manifestly unfounded or the primary purpose is not to exercise a right).

You can appeal our decision regarding your request in the same manner you sent us the request. We will respond to your appeal as soon as possible, no later than by the deadline set by the state law that applies to you.

If you are a resident of Connecticut, Montana, or Texas and we deny your appeal, you may submit a complaint to the Attorney General. We will provide you with the online mechanism or another method of contact through which you can contact the Attorney General to submit a complaint. If you are from Colorado and have concerns about the appeal’s outcome, you may also contact the Attorney General.

We may process your Personal Data for the purpose of targeted advertising, but you can easily opt out of this data processing via this link: https://www.kiwi.com/en/pages/cookies_settings, under the section "Marketing & Advertisement."

We respect your privacy and will never discriminate against you or treat you unfavorably because you have exercised any of your rights.

We do not sell your Personal Data to any third party, nor do we engage in profiling that would result in decisions producing legal or similarly significant effects for you.