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Thursday, September 20, 2018

EAA Website & Privacy Terms

EAA Website & Privacy Terms

  1. Website
    1. Legal owner. This website is the property of and is operated by European Air Ambulance (EAA) a branch of LUXEMBOURG AIR AMBULANCE SA, Luxembourg Airport, L-1110 Findel GRAND-DUCHY OF LUXEMBOURG (LAA).
    2. Contact and other details.
      1. EAA can be contacted at this address: alert@air-ambulance.com
      2. VAT number: LU17596310
      3. Business license and issuing authority: European Air Ambulance (EAA) a branch of Luxembourg Air Ambulance S.A., a Luxembourg limited company, having its registered office at Aéroport de Luxembourg, L-1110 Findel GRAND-DUCHY OF LUXEMBOURG registered with the Luxembourg Commerce and Companies register under the number B65837
  2. Privacy
    1. DATA PROCESSING. EAA collects and processes personal data on this website’s users, and is the controller in respect of the processing of such data. EAA is committed to respecting your privacy and protecting your personal data in accordance with the law, in particular the EU General Data Protection Regulation 2016/679.
    2. DATA PROTECTION OFFICER. EAA has appointed a data protection officer, who can be contacted at dataprotectionoffice@air.ambulance.com.
    3. PROCESSING PURPOSES. The processing of your data is based on the following grounds:
      1. processing is necessary for us to take steps at your request prior to entering into a contract (where your apply for or subscribe to services),
      2. processing is necessary for the performance of a contract with you (where you are a customer and we deliver the services you have requested),
      3. processing is necessary for compliance with legal obligation to which we are subject (for instance, if you are a customer and use our services, for the processing related to invoicing, accounting and other mandatory operations), and
      4. processing is necessary for the purposes of our legitimate interests (such as, manage our operations and service delivery conditions, manage donators’ relations and donations, promote our services and company, manage subscriptions to our newsletter and other publications or events, improve our website and services, collect metrics and statistics on your use of our website).
    4. DATA RECIPIENTS. EAA may share your data with other entities of our group, third-party partners/providers as necessary to perform our operations and deliver services to you and, where required by law, competent local authorities.
    5. DATA TRANSFERS OUTSIDE THE EU/EEA. We do not transfer your personal data outside the EU/EEA for our own internal purposes. However, if you use our services for medical transportation or flight operations from, to or flying over locations that are outside of the EU/EEA, we may have to transfer your data to concerned countries as required under applicable local law and as necessary to perform our service contract with you or a contract concluded in your interest with a third party, or as necessary to protect your vital interest or otherwise for the establishment, exercise or defence of legal claims. If appropriate, we may also use alternate safeguards, such as entering into EC approved standard contractual clauses.
    6. DATA RETENTION. We will retain your personal data for as long as required to deliver the services you have requested, and then for the mandatory retention duration set forth by applicable law.
    7. YOUR STATUTORY RIGHTS. You have certain rights concerning your personal data under the law as mentioned below, and can exercise them by contacting our Data Protection Officer at dataprotectionoffice@air.ambulance.com.
      1. Access right. You have the right to access your personal dat We process a large quantity of information, and can thus request, in accordance with the law, that before the information is delivered, you specify the information or processing activities to which your request relates.
      2. Right to rectification. You can ask us to rectify, correct or update inaccurate and/or incorrect data.
      3. Other rights. In certain limited cases (in which case we will analyse whether the conditions for the exercise of such rights are fulfilled, in line with the law), you may object to, or request the limitation of, the processing of your personal data, or request the erasure or portability of your personal data. You should note that the law authorizes us to retain and continue processing certain personal data, even where you have exercised your rights to object or erasure, for legitimate and compelling reasons such as compliance with applicable law. Finally, you can contact the Luxembourg data protection authority (Commission nationale pour la protection des données) to introduce a claim.
  3. Cookies

This website is using cookies. Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

Cookies are typically stored on your computer's hard drive. Information collected from cookies is used by us to evaluate the effectiveness of our website. The information collected from cookies allows us to determine such things as which parts of our website are most visited and difficulties our users may experience in accessing our website. With this knowledge, we can improve the quality of your experience on the website and deliver more of the most desired features and information, as well as by resolving access difficulties. We use third party service providers, to assist us in better understanding the use of our website, who will place cookies on the hard drive of your computer.

If you want to avoid using cookies altogether, you can disable cookies in your browser or equipment. However, disabling cookies might make it impossible for you to use certain features or our website or services. Your use of our website with a browser that is configure to accept cookies constitutes an acceptance of our and third-party cookies.

  1. Data processing on your behalf
    1. COMMISSIONED PROCESSING. Where you are a corporate or institutional customer ordering flight operations or other EAA services (SERVICES) on behalf of third-party transported persons (BENEFICIARIES), you may in certain instances be regarded as a controller in respect of certain personal data processing operations (the PROCESSING) that we will carry out whilst organising and performing such SERVICES. In such case, EAA may act as a processor to you with respect to the PROCESSING. This section applies to this particular situation.
    2. BINDING CHARACTER. We are committed to complying with the obligations set out in this section vis-à-vis any customer for which we act as a processor. If you are such customer and wish to obtain a written executed agreement aligned on the requirements or art. 28 of the EU General Data Protection Regulation 2016/679, please contact our Data Protection Officer at dataprotectionoffice@air.ambulance.com.
    3. SCOPE OF PROCESSING. This section does not apply to PROCESSING we carry out in capacity as independent controller (e.g., as required to manage and deliver the SERVICES, for billing and accounting purposes, to document and evidence the SERVICES provided, for medical or transportation organization, formalities and liability documentation, or otherwise as required for compliance with legal hold and similar obligations applicable to EAA, together the EAA PURPOSES). Nothing in this section 4 shall be interpreted so as to allow or enable you to restrict EAA’s ability to perform acts of processing (including retention) on personal data (including on BENEFICIARIES) for the EAA PURPOSES.
    4. DEFINITIONS. The terms ‘personal data’, ‘processing’, ‘controller’ and ‘processor’ have the same meaning in this section as in the EU General Data Protection Regulation 679/2016 (and its implementing and successor texts).
    5. PROCESSING. You have requested EAA, who has accepted, to provide the SERVICES. In this context, you expressly requests EAA to carry out the acts of PROCESSING that are necessary to provide the SERVICES or otherwise comply with our obligations under the relevant SERVICES agreement. The PROCESSING will:
      1. be applied to personal data which are/will be/have been provided by you to EAA in the context of the SERVICES, and any other data you may instruct us to generate, collect and/or process from time to time through written documented instructions (the INSTRUCTIONS), and
      2. include the acts of processing detailed in the relevant SERVICES agreement, or otherwise necessary for the performance of the SERVICES, related documentation and EAA’s procedures, and any other acts of PROCESSING you may instruct us to carry out from time to time through INSTRUCTIONS.
    6. DATA TRANSFERS OUTSIDE THE EU. You hereby instructs and authorizes EAA to transfer BENEFICIARIES’ and your data outside the EU territory as strictly necessary to organise and deliver the SERVICES (in particular without limitation, to transfer and communicate such data to regional, national, federal or local aviation, customs, law enforcement, immigration, health or other administrations or authorities as may be required under the local law or regulations of the countries of departure, destination or transit or airspace used when delivering the SERVICES).
    7. EAA DUTIES. EAA undertakes:
      1. not to perform any act of PROCESSING for purposes other than delivering the SERVICES, performing its obligations under the relevant SERVICES agreement or complying with INSTRUCTIONS or applicable law; this is without prejudice to EAA’s right to process the BENEFICIARIES’ and your data for EAA PURPOSES,
      2. to assist you to the best of its ability in responding to:
        1. personal data protection statutory or regulatory requirements applicable to you (such as, data protection impact assessments),
        2. BENEFICIARIES’ requests or exercise of their statutory rights on their data,
        3. your requests for information on the PROCESSING or its conditions,
        4. your auditors requests, audits or inspections, and
        5. your local authorities’ (including data protection authority’s) queries or audits;

in such case, EAA may charge additional fees and expenses,

      1. to use exclusively personnel subject to a contractual and (where applicable) statutory confidentiality duty; it is reminded that medical secrecy is guaranteed by Luxembourg law and breaches are subject to criminal sanctions under art. 458 of the Luxembourg Criminal Code,
      2. to implement and maintain at all times, throughout the duration of the PROCESSING, technical and organisational security measures that are appropriate with respect to the nature of the PROCESSING and associated risks, and notably, depending on technical feasibility and the nature of the SERVICES:
        1. to encrypt personal data, in particular where transferred to subprocessors,
        2. to ensure the ongoing confidentiality, integrity, availability and resilience of PROCESSING systems and related services,
        3. to ensure the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident, and
        4. to regularly test, assess and evaluate the effectiveness of technical and organisational measures for ensuring the security of the PROCESSING.
      3. to inform you without undue delay after having become aware of a personal data breach affecting the DATA, unless such breach is unlikely to result in a risk to the rights and freedoms of data subjects.
    1. SUBPROCESSING. EAA may use providers and subprocessors whilst delivering SERVICES at any time in its discretion in case of vital emergencies, in which case EAA will take the necessary decisions, if applicable in capacity as controller of the relevant processing. Subject to this, you hereby authorise and instruct EAA to commission the PROCESSING (in whole or in part) to subprocessors.
    2. DURATION, TERMINATION. This section 4 enters into force on the date of your ordering of SERVICES and continues to produce effects until its automatic termination at the date of effective termination of the relevant SERVICE agreement. At the termination of the SERVICE agreement and subject to your instructions, EAA will, at your INSTRUCTION, delete or return personal data to you, and delete existing copies unless if EAA needs or decides to further use and retain such personal data for the EAA PURPOSES.
    3. GOVERNING LAW, JURISDICTION. This section 4 shall be governed by Luxembourg law. Any disputes, claims or litigation in connection with the PROCESSING, the SERVICES or the relevant SERVICES agreement shall be brought exclusively before the courts of the judicial district of Luxembourg-City.
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