- A. INTRODUCTION
- B. INFORMATION WE COLLECT AND RECEIVE
- C. WHY WE NEED CUSTOMER DATA
- D. HOW WE USE YOUR INFORMATION
- E. HOW LONG WE KEEP CUSTOMER DATA FOR
- F. YOUR RIGHTS
- G. SHARING AND DISCLOSURE
- H. THIRD PARTY WEBSITES
- I. HOW DO WE PROTECT YOUR PERSONAL INFORMATION
- J. BREACH REPORTING
- K. CHILDREN’S INFORMATION
- M. HOW TO CONTACT US
When we talk about ““Fexco Aviation, “we,” “our,” or “us” in this policy, we are referring to, Fexco Aviation Services Limited and FAS Aviation Trust Services ltd, registered in Ireland under number 579675 and 661539 respectively, with a registered address at FEXCO Centre, Iveragh Road, Killorglin, County Kerry and our Affiliates, the company which provides the Services. When we talk about the “Services” in this policy, we are referring to the Managing Agent and trust services that we provide. Fexco Aviation Services Limited provides and arranges premium aviation services which includes Financial Accounting, Managing Agent Services, Cash Management Services and Aviation Start-Up Services to Aircraft Leasing Entities, Joint Ventures involving leasing companies and Investors and Capital Market deals. FAVS is authorised as a Trust and Company Service Provider (“TCSP”) by Department of Justice and Equality (“DOJE”). FAS Aviation Trust Services Limited is a subsidiary of FAVS and will be involved in the business of establishing trusts for the benefit of its clients and acting as trustee in respect of these trusts .“Affiliates” in this context means any entity that directly or indirectly controls, is controlled by, or is under common control with us, and “Control” means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity).
We will handle your Personal Data in accordance with Data Protection Legislation. “Data Protection Legislation” means the Data Protection Act 2018, any other applicable law or regulation relating to the processing of personal data and to privacy (including the E-Privacy Directive and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (“E-Privacy Regulations”), as such legislation shall be amended, revised or replaced from time to time, including by operation of the General Data Protection Regulation (EU) 2016/ 679 (“GDPR”) (and laws implementing or supplementing the GDPR, and laws amending or supplementing the E-Privacy Regulations).
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B. INFORMATION WE COLLECT AND RECEIVE
We fully respect your right to privacy in relation to your interactions with the Services and endeavor to be transparent in our dealings with you as to what information we will collect and how we will use your information. Also, we only collect and use individual’s information where we are legally entitled to do so. Information in relation to Personal Data collected by Irish entities is available on www.dataprotection.ie, the website of the Irish Data Protection Commissioner (“DPC”).
1. Customer Data
We endeavor to keep Customer Data accurate and up-to-date. As such, you must tell us about any changes to such information that you are aware of as soon as possible.
2. Other information
Fexco Aviation may also collect and receive the following information:
- Billing. For Customers that purchase Services, our corporate Affiliates and our Customers third party payment processors may collect information and store billing address on our client’s behalf.
- Other information. For Customers that engage third parties, we may collect data for these third parties on behalf of our Customers.
- Services usage information. This is information about how you are accessing and using the Services, which may include administrative and support communications with us and information about the Services, features, content, and links you interact with.
- Log data. When you use the Services our servers automatically record information, including information that your browser sends whenever you visit a website, or your mobile app sends when you are using it. This log data may include your Internet Protocol address, the address of the web page you visited before using the Services, your browser type and settings, the date and time of your use of the Services, information about your browser configuration and plug-ins, language preferences, and cookie data.
- Device information. We may collect information about the device you are using the Services on, including what type of device it is, what operating system you are using, device settings, application IDs, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you are using and its settings.
- Services integrations. If, when using the Services, you require with a third-party service, we will connect that service to ours. We may share and the third party provider may share certain information with each other about you subject to appropriate contracts being in place between our customer and such third parties to safeguard your Customer Data.
- Third party data. Fexco Aviation may also receive information from Affiliates, our partners, or others that we use to make our own information better or more useful. This might be aggregate level information, such as which IP addresses go with which postal codes, or it might be more specific information, such as about how well an online marketing or email campaign performed.
A cookie is a small text file that is placed on your device by a web server which enables a website and/or mobile app to recognise repeat users, facilitate the user’s ongoing access to and use of a website and/or mobile app and allows the website and/or mobile app to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Please note that we do not utilise cookies on our website. However, if we do change our procedures and begin processing your data via cookies, you will be notified of same when you access our website, and such processing will be conducted in compliance with relevant data protection and ePrivacy legislation.
4. Aggregated Data
C. WHY WE NEED CUSTOMER DATA
Fexco Aviation needs Customer Data in order to provide the Services you have engaged us to provide. If you do not provide the Customer Data, then we will be unable to provide the Services you have requested. We will not collect any Personal Data from you that we do not need in order to provide and oversee the Services we have agreed to provide you with.
D. HOW WE USE YOUR INFORMATION
We use your information to provide and improve the Services we provide. We will only process your Personal Data where we have a legal basis to do so. In general, our legal basis for processing your Personal Data will be in furtherance of contract that we have with you, and/or our legitimate interest to provide the Service to you, and/or where you have provided your consent.
1. Customer Data
Fexco Aviation may access and use Customer Data as reasonably necessary to (a) provide, maintain and improve the Services; (b) to prevent or address service, security, technical issues or at a Customer’s request in connection with customer support matters; (c) as required by law and (d) as set forth in our agreement with the Customer or as expressly permitted in writing by the Customer in accordance with Customer’s instructions.
2. Other information
We use other kinds of information in providing the Services. Specifically:
- To communicate with you by:
- Responding to your requests. If you contact us with a problem or question, we will use your information to respond.
- Sending electronic communications. We may send you administrative electronic communications relating to the Services. We may also contact you to inform you about changes in our Services, and important Service-related notices, such as security and fraud notices. These electronic communications are considered part of the Services and are made in our legitimate interest in accordance with Data Protection Legislation.
- Billing and account management. We use account data to administer accounts and keep track of billing and payments.
- Communicating with you. We often need to contact you for invoicing, account management and similar reasons.
- Protecting Customer Data. We work hard to keep the Services secure and to prevent abuse and fraud and may contact you in this respect as necessary.
E. HOW LONG WE KEEP CUSTOMER DATA FOR
FEXCO Aviation keeps Customer Data, including any correspondence with you, for seven years, as calculated from the date of your last transaction with us, after which time it will be destroyed if it is no longer required for the lawful purpose for which it was obtained.
F. YOUR RIGHTS
As a data subject, you have the following rights under Data Protection Legislation and we, as data controller in respect of Customer Data, will comply with such rights in respect of Customer Data:
- the right of access to Personal Data relating to you;
- the right to correct any mistakes in your Personal Data;
- the right to ask us to stop contacting you with direct marketing;
- rights in relation to automated decision taking;
- the right to restrict or prevent your Personal Data being processed;
- the right to have your Personal Data ported to another data controller;
- the right to erasure; and
- the right to complain to the DPC if you believe we have not handled your Personal Data in accordance with Data Protection Legislation.
These rights are explained in more detail in Schedule A to this policy, but if you have any comments, concerns or complaints about our use of your Personal Data, please contact us (see ‘How to Contact Us’ below). We will respond to any rights that you exercise within a month of receiving your request, unless the request is particularly complex or cumbersome, in which case we will respond within three months (we will inform you within the first month if it will take longer than one month for us to respond). Where a response is required from us within a particular time period pursuant to Data Protection Legislation, we will respond within that time period.
Withdrawal of consent
G. SHARING AND DISCLOSURE
1. Customer Data
Fexco Aviation may share Customer Data in accordance with our agreement with the Customer and the Customer’s instructions, including:
- With third party service providers and agents. We engage third party companies or individuals to process Customer Data on our customers behalf as follows;
- Third parties we need to share information with in order to facilitate payments you have requested.
- Third parties and those you ask us to share information with (for example, payroll providers, Tax agents, Auditors, Supplier KYC Requests, Legal teams)
- Companies in the Fexco Group
- Statutory and regulatory bodies (including central and local government) and law enforcement authorities.
2. Other types of disclosure
Fexco Aviation may share or disclose Customer Data and other information as follows:
- During changes to our business structure. If we engage in a merger, acquisition, bankruptcy, dissolution, re-organisation, sale of some or all of Fexco Aviation’s assets, financing, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence).
- To comply with laws. To comply with legal or regulatory requirements and to respond to lawful requests, court orders and legal process.
- To enforce our rights, prevent fraud and for safety. To protect and defend the rights, property, or safety of us or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud.
H. THIRD PARTY WEBSITES
I. HOW DO WE PROTECT YOUR PERSONAL INFORMATION
We do our utmost to protect user privacy through the appropriate use of security technology. We restrict access to Customer Data to employees, contractors and agents who need to know such Customer Data in order to operate, develop or improve the services that we provide. We ensure that we have appropriate physical and technological security measures to protect your information; and we ensure that when we outsource any processes that the service provider has appropriate security measures in place. However, the Services may contain hyperlinks to websites owned and operated by third parties. These third party websites have their own privacy policies, including cookies. We do not accept any responsibility or liability for the privacy practices of such third party websites and your use of such websites is at your own risk.
We will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks that are presented by the processing of Customer Data. In particular, we will consider the risks presented by accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Customer Data transmitted, stored or otherwise processed.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect Customer Data, we cannot guarantee the security of any data transmitted by us and any such transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. To the extent permitted by law, we are not responsible for any delays, delivery failures, or any other loss or damage resulting from (i) the transfer of data over communications networks and facilities, including the internet, or (ii) any delay or delivery failure on the part of any other service provider not contracted by us, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities. You will appreciate that we cannot guarantee the absolute prevention of cyber-attacks such as hacking, spyware and viruses. Accordingly, you will not hold us liable for any unauthorized disclosure, loss or destruction of Customer Data arising from such risks.
J. BREACH REPORTING
We will notify serious data breaches in respect of Customer Data to the DPC without undue delay, and where feasible, not later than 72 hours after having become aware of same. If notification is not made after 72 hours, we will record a reasoned justification for the delay; however, it is not necessary to notify the DPC where the Personal Data breach is unlikely to result in a risk to the rights and freedoms of natural persons. A Personal Data breach in this context means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
We will keep a record of any data breaches, including their effects and the remedial action taken, and will notify you of any data breach affecting your Personal Data (which poses a high risk to you) when we are required to do so under Data Protection Legislation. We will not be required to notify you of a data breach where:
- we have implemented appropriate technical and organisational measures that render the Personal Data unintelligible to anyone not authorised to access it, such as encryption; or
- we have taken subsequent measures which ensure that the high risk to data subjects is not likely to materialise; or
- it would involve disproportionate effort, in which case we may make a public communication instead.
K. CHILDREN’S INFORMATION
Our Services are not directed to children under 13. If you learn that a child under 13 has provided us with personal information without consent, please contact us.
M. HOW TO CONTACT US
Schedule A – Data Subject rights under Data Protection Legislation
Right of access to Personal Data relating to you
You may ask to see what Personal Data we hold about you and be provided with:
- a summary of such Personal Data and the categories of Personal Data held (see Sections 1 and 2 above);
- details of the purpose for which it is being or is to be processed;
- details of the recipients or classes of recipients to whom it is or may be disclosed, including if they are overseas and what protections are used for those oversea transfers;
- details of the period for which it is held or the criteria we use to determine how long it is held;
- details of your rights, including the rights to rectification, erasure, restriction or objection to the processing;
- any information available about the source of that data;
- whether we carry out automated decision-making, or profiling, and where we do, information about the logic involved and the envisaged outcome or consequences of that decision making or profiling; and
- where your Personal Data are transferred out of the EEA, what safeguards are in place.
Requests for your Personal Data must be made to us (see ‘How to Contact Us‘ below) specifying what Personal Data you need access to, and a copy of such request may be kept by us for our legitimate purposes in managing the Service. To help us find the information easily, please give us as much information as possible about the type of information you would like to see. If, to comply with your request, we would have to disclose information relating to or identifying another person, we may need to obtain the consent of that person, if possible. If we cannot obtain consent, we may need to withhold that information or edit the data to remove the identity of that person, if possible.
There are certain types of data which we are not obliged to disclose to you, which include Personal Data which records our intentions in relation to any negotiations with you where disclosure would be likely to prejudice those negotiations. We are also entitled to refuse a data access request from you where (i) such request is manifestly unfounded or excessive, in particular because of its repetitive character (in this case, if we decide to provide you with the Personal Data requested, we may charge you a reasonable fee to account for administrative costs of doing so, or (ii) we are entitled to do so pursuant to Data Protection Legislation.
Right to update your Personal Data or correct any mistakes in your Personal Data
You can require us to correct any mistakes in your Personal Data which we hold, free of charge. If you would like to do this, please:
- email or write to us (see ‘How to Contact Us’ below);
- let us have enough information to identify you (e.g. name, registration details); and
- let us know the information that is incorrect and what it should be replaced with.
If we are required to update your Personal Data, we will inform recipients to whom that Personal Data have been disclosed (if any), unless this proves impossible or has a disproportionate effort.
It is your responsibility that all of the Personal Data provided to us is accurate and complete. If any information you have given us changes, please let us know as soon as possible (see ‘How to Contact Us’ below).
Right to ask us to stop contacting you with direct marketing
You can ask us to stop contacting you for direct marketing purposes. If you would like to do this, please:
- email or write to us (see ‘How to Contact Us’ below). You can also click on the ‘unsubscribe’ button at the bottom of the electronic communication. It may take up to 15 days for this to take place; and
- let us know what method of contact you are not happy with if you are unhappy with certain ways of contacting you only (for example, you may be happy for us to contact you by email but not by telephone).
We will provide you with information on any action taken on foot of a request to stop direct marketing – this may be in the form of a response email confirming that you have been ‘unsubscribed’.
Rights in relation to automated decision taking (if applicable)
You may ask us to ensure that, if we are evaluating you, we don’t base any decisions solely on an automated process and have any decision reviewed by a member of staff. Profiling may occur in relation to your Personal Data for the purposes of targeted advertising and de-targeting you from specified advertising. This allows us to tailor our advertising to the appropriate customers and helps to minimise the risk of you receiving unwanted advertising. These rights will not apply in all circumstances, for example where the decision is (i) authorised or required by law, (ii) necessary for the performance of a contract between you and us, or (ii) is based on your explicit consent. In all cases, we will endeavour that steps have been taken to safeguard your interests.
Right to restrict or prevent processing of Personal Data
In accordance with Data Processing Legislation, you may request that we stop processing your Personal Data temporarily if:
- you do not think that your Personal Data is accurate (but we will start processing again once we have checked and confirmed that it is accurate);
- the processing is unlawful but you do not want us to erase your Personal Data;
- we no longer need the Personal Data for our processing, but you need the Personal Data to establish, exercise or defend legal claims; or
- you have objected to processing because you believe that your interests should override the basis upon which we process your Personal Data.
If you exercise your right to restrict us from processing your Personal Data, we will continue to process the Personal Data if:
- you consent to such processing;
- the processing is necessary for the exercise or defence of legal claims;
- the processing is necessary for the protection of the rights of other individuals or legal persons; or
- the processing is necessary for public interest reasons.
Right to data portability
In accordance with Data Protection Legislation, you may ask for an electronic copy of your Personal Data that you have provided to us and which we hold electronically, or for us to provide this directly to another party. This right only applies to Personal Data that you have provided to us – it does not extend to data generated by us. In addition, the right to data portability also only applies where:
- the processing is based on your consent or for the performance of a contract; and
- the processing is carried out by automated means.
Right to erasure
In accordance with Data Protection Legislation, you can ask us (please see ‘How to Contact Us’ below) to erase your Personal Data where:
- if you had given us consent to process your Personal Data, you withdraw that consent and we cannot otherwise legally process your Personal Data;
- you object to our processing and we do not have any legal basis for continuing to process your Personal Data;
- your Personal Data has been processed unlawfully or have not been erased when it should have been; or
- the Personal Data have to be erased to comply with law.
We may continue to process your Personal Data in certain circumstances in accordance with Data Protection Legislation (i.e. where we have a legal justification to continue to hold such Personal Data, such as it being within our legitimate business interest). Where you have requested the erasure of your Personal Data, we will inform recipients to whom that Personal Data have been disclosed, unless this proves impossible or involves disproportionate effort. We will also inform you about those recipients if you request it.
Right to complain to the DPC