PG_061 PRIVACY POLICY FOR CLIENTS, TRAVELERS AND USERS

Transcription

1 REVISION REGISTER Revision Number Date Section Changes /05/ Entire Document Creation of the Document 1

2 CONTENT 1. OBJECTIVE AND SCOPE 2. RESPONSIBILITY 3. AUTHORITY 4. CONTENT 4.1 WHO WE ARE 4.2 Acceptance of this Privacy Policy and Purpose of Treatment of Information 4.3 Personal Information and Data we treat 4.4 Purposes of personal information and data treatment 4.5 Validity of treatment of personal data and information 4.6 Truthfulness of the Information 4.7 Information of children and underage teenagers 4.8 Use of Cookies 4.9 Protection, security and confidentiality of personal information and data 4.10 Rights of the Information Holder 4.11 Area Responsible of Personal Data Protection 4.12 General procedure to exercise the rights of Clients, Travelers and Users as holders of personal information Modifications to the Privacy Policy 4.14 Ethics Hotline 4.15 Validity 5. Annexes 5.1 Colombia Annex 5.2 Mexico Annex 5.3 Peru Annex 5.4 European Union Annex 5.5 Canada Annex 5.6 United States Annex 2

3 1. OBJECTIVE AND SCOPE We recognize the importance of security, privacy and confidentiality of personal information that travelers, Clients and users provide our Companies through various channels (including websites, applications, physical documents and others), and we are committed to adequately protect and treat it, pursuant to the personal date legal protection regime available in each territory where we operate. Therefore, the objective of this Policy is to inform travelers, clients and users who are Holders of personal information regarding the type of data, the purpose of the Treatment so that we may provide our service, the protection and rights available to the Holder of the information and the procedures to exercise them. This Privacy Policy also applies to personal data of Eligible Passengers, as they are defined in the Terms and Conditions of the PREFERENCIA Program Program for Corporate Travel, on behalf of who, entities related to said PREFERENCIA Program, such as Corporate Clients, make Institutional Purchases. Therefore, personal data of Eligible Passengers, including travel itineraries, methods of payment and any other personal information will be treated under the terms of this Privacy Policy, with the possibility of being transferred to the Corporate Client related to said Eligible Passenger for the purpose of presenting reports, audits, requests of the Corporate Client and any other matter related to the operation of the PREFERENCIA Program. 2. RESPONSIBILITY Responsible for treatment: Aerovias del Continente Americano S.A. Avianca Tax ID. No.: NIT Postal address: Calle 26 # (Colombia) Phone: habeasdata@avianca.com 3. AUTHORITY Directorate of Risk, Security and Compliance with Information 4. CONTENT 4.1 WHO WE ARE The Companies: Aerovías del Continente Americano S.A. Avianca a commercial company incorporated in the Republic of Colombia acting in its capacity as employer, directly or through its legally incorporated branches in the territories of Argentina, Aruba, Colombia, Brazil, Curacao, Spain, London, Panamá and Venezuela. 3

4 Tampa Cargo S.A.S., a commercial company incorporated in the Republic of Colombia acting in its capacity as employer, directly or through its legally incorporated branches in the territories of Colombia and The United States. Taca International Airlines S.A., a commercial company incorporated in the Republic of El Salvador acting in its capacity as employer, directly or through its legally incorporated branches in the territories of El Salvador and Guatemala. Trans American Airlines S.A., a commercial company incorporated in the Republic de Perú acting in its capacity as employer, directly or through its legally incorporated branches in the territories of Argentina, Bolivia, Brazil, Guatemala, Paraguay, Perú. Avianca Ecuador S.A., a commercial company incorporated in the Republic of Ecuador acting in its capacity as employer in the territory of Ecuador. Líneas Aéreas Costarricenses S.A. Lacsa, a commercial company incorporated in the Republic of Costa Rica, acting in its capacity as employer, directly or through its legally incorporated branches in the territories of Costa Rica, Cuba, Dominican Republic and Venezuela. Aviateca S.A., a commercial company incorporated in the Republic of Guatemala de Guatemala, acting in its capacity as employer in the territory of Guatemala. Aviaservicios S.A. a commercial company incorporated in the Republic of Guatemala de Guatemala, acting in its capacity as employer in the territory of Guatemala. Pitasa S.A. a commercial company incorporated in the Republic of Guatemala de Guatemala, acting in its capacity as employer in the territory of Guatemala. American Central Corporation a commercial company incorporated in The United States de América acting in its capacity as employer, directly or through its legally incorporated branches in the territories of The United States, Canada and Puerto Rico. Grupo Taca de Chile S.A. a commercial company incorporated in the Republic of Chile, acting in its capacity as employer in the territory of Chile. Isleña de Inversiones, S.A. de C.V., a commercial company incorporated in the Republic de Honduras acting in its capacity as employer in the territory of Honduras. Servicio Terrestre, Aéreo and Rampa S.A. a commercial company incorporated in the Republic of Costa Rica, acting in its capacity as employer in the territory of Costa Rica. 4

5 Servicios Aéreos Nacionales S.A. a commercial company incorporated in the Republic of Costa Rica, acting in its capacity as employer in the territory of Costa Rica. Servicios Aeronáuticos PilotCrew-CR S.A. a commercial company incorporated in the Republic of Costa Rica, acting in its capacity as employer in the territory of Costa Rica. Servicios Misceláneos Australes S.A. a commercial company incorporated in the Republic of Costa Rica, acting in its capacity as employer in the territory of Costa Rica. Tripulantes de Taca S.A. a commercial company incorporated in the Republic of Costa Rica, acting in its capacity as employer in the territory of Costa Rica. Vu-Marsat S.A. a commercial company incorporated in the Republic of Costa Rica, acting in its capacity as employer in the territory of Costa Rica. Taca de Costa Rica S.A. a commercial company incorporated in the Republic of Costa Rica, acting in its capacity as employer in the territory of Costa Rica. Pilotos de Taca S.A. de C.V. a commercial company incorporated in the Republic of El Salvador acting in its capacity as employer in the territory of El Salvador. Technical and Training Services, S.A. de C.V. a commercial company incorporated in the Republic of El Salvador acting in its capacity as employer in the territory of El Salvador. Avianca Inc. a commercial company incorporated in The United States de América acting in its capacity as employer in the territory of The United States. Taca de Honduras S.A. de C.V. a commercial company incorporated in the Republic de Honduras, acting in its capacity as employer in the territory of Honduras. Grupo Taca Panamá S.A. a commercial company incorporated in the Republic of Panamá, acting in its capacity as employer in the territory of Panamá. Nicaragüense de Aviación S.A., a commercial company incorporated in the Republic de Nicaragua, acting in its capacity as employer in the territory of Nicaragua. Taca de México S.A., a commercial company incorporated in The United States de México, acting in its capacity as employer in the territory of México. 5

6 C.R. Int'l Enterprises, Inc. a commercial company incorporated in The United States de América acting in its capacity as employer in the territory of The United States. All of them hereinafter individually and collectively referred to as the Companies, who, for the purpose of the provision and commercialization of passenger and product air transport services and related services such as tour packages, air and/or land cargo transport services, express courier and courier services, airport services, training services, loyalty programs, can act under the trademarks AVIANCA, AVIANCA ECUADOR S.A., AVIATECA, LACSA, TACA, AVIANCA CARGO, AVIANCA SERVICES, AVIANCA TOURS, DEPRISA, PREFERENCIA "Corporate Travel Program", AVIANCA EXPERIENCE AIRPASS, AVIANCA STORE, or solely under the trademark AVIANCA, each and all of them respectively and as corresponds Responsible and/or In Charge of Treatment of information and personal data Acceptance of this Privacy Policy and Purpose of Treatment of Information For purposes of this Policy, the term "treatment" is understood as any operation or set of operations over personal data and information such as, use, collection, storage, disclosure, distribution or deletion thereof. Acceptance of this Privacy Policy and of the Treatment of personal data and information pursuant to the terms thereof takes effect when the Traveler, Client or Holder provides his or her personal data through any channel or mean set forth by The Companies, such as sales and service points, including the Call Center, or when they purchase any of our products, or when they click the button Continue or when they continue browsing our websites: Avianca.com, Deprisa.com, Lifemiles.com, Programapreferencia.com, Aviancaservices.com, Aviancacar go.com, Flybox.co, Aviancaexpress.com, Sociosyamigos.com., or when thy use any of our mobile apps or electronic services in any version such as electronic kiosks; proof of any of these facts, shall be unequivocal proof of acceptance of this Privacy and Personal Data Treatment Policy. By accepting this Privacy Policy, each of the Travelers, Clients or Users, acting as holders of the information, expressly authorize THE AIRLINES to Treat said information, partially or fully, including collection, storage, recording, use, distribution, Treatment, deletion, transmission under the terms of this Privacy Policy and/or transfer within the country and/or to third countries under the terms set forth in this Privacy Policy and for the purposes of Treatment described in this document, especially: Send the boarding pass and/or document confirming the transaction, pursuant to the contract of carriage, to the Traveler s, Client s and User s registered addresses, as well as any other information related to the product or services purchased or the provision of services. Use the information received for the purpose of marketing our own products and/or services, or those of third parties with whom THE AIRLINES maintain a business relationship, depending on the region where the personal data is treated, and on regulations. 1 The LifeMiles loyalty program, managed and operated by LifeMiles Corp., has its own Privacy Policy available at The Privacy Policy available for the Flybox program is available at 6

7 Share information and personal data, when it is included in the provision of the service with: commercial representative, tourism operators (including hotels), car rental companies, insurers, among others, as required to manage travel plan reservations and other tourism services. Provide information and personal data to control and surveillance, administrative, policy and judicial, domestic and international authorities responding to a legal or regulatory requirement and/or revealing this information and personal data to uphold the rights and/or property of THE AIRLINES, its clients, our own websites or those of our users, to detect and prevent fraud, to prevent, detect, capture or prosecute illegal acts or when THE AIRLINES in good faith consider that disclosing the information and personal data is in the best interest of aviation security. Allow access to personal data and information to auditors or third parties contracted by the Companies to perform internal or external audit processes of the commercial activities carried out by the Organization. Check or update information and personal data of travelers, clients and users, during performance of commercial activities developed by the Companies. Outsource storage and/or Treatment of personal data and information for the proper performance of agreements entered into with us, under the security and confidentiality standards which bind us. Trasfer your personal data and information, in the event of a change of control in one or more of THE AIRLINES or in any of the business units due to merger, acquisition, bankruptcy, demerger, or creation, to the new entity controlling THE AIRLINES or their business units. If, as a result of the change of control, there is a change of the Person in Charge of the Treatment of personal data and information, such situation will be reported to the Holders of the personal data and information, so that they may exercise their rights pursuant to applicable law. The conditions under which the Holders may exercise their rights will be indicated upon report of the change of control. 4.3 Personal Information and Data we treat The AIRLINES may collect personal data and information about Travelers, Clients and Users, which information may vary according to the requirements of local authorities, technological facilities, nature of the products or services provided, among others, for such purposes, we may collect the following personal information, which may be stored and/or treated in servers located in various countries, pursuant to the principle of transparency we have compiled a list of personal data Treated by the airlines 2 : General Identification Data: Traveler s, Client s and/or User s first and last name, date of birth, ID number or ID, international travel ID No., gender, marital status and/or kinship with underage children or disabled people requesting our services, occupation or trade. Location Data: postal and/or electronic address (personal and/or work), nationality or country of residency, Nationality and country of residence, contact landline or cell phone (personal and/or work), company where he or she works and position. 2 The list of personal data set forth in section 4.3 herein is not limited and may be updated or changed according to the business unit and the services provided to Travelers, Clients and Users of our Companies. 7

8 Socioeconomic Content Data: Cardholder personal data (name, last name, ID type and number), address where the cardholder receives bank statements, credit card information. Sensitive Data: including images, photographs, videos, voices and/or sounds, biometric data, that identifies, or makes our Travelers, Clients and Users, and/or any person who is or transits through any location where the AIRLINES have installed equipment, identifiable. Health information (medical conditions that are considered contraindications for flying by the treating physician) and medical certificates required by the Customer, Travel or Use, to provide, as possible and available in our operation, the facilities and elements to provide proper medical care during provision of the air transportation service, as well as to determine the feasibility of the trip. Other information: Client s IP address, through cookies, LifeMiles Member ID and information on transactions and activities related to the LifeMiles Program. For flights to and from the United States, the Redress Number may be collected as a requirement of that country s governmental authorities. Information required to facilitate travel and other services, including the name of the travelling party, emergency contacts, seat preference, special meals or medical requirements. Purchase channel information (including travel agencies, direct points of sale or representatives or agents, call center, websites, mobile apps). Use of products and services such as self-check-in machines, flight status notification and online check-in). Personal information and data collected through surveys, focus groups and other market research methods. Information requested by THE AIRLINES officers or representatives, such as sales and/or customer relations representatives, with the purpose of responding to requests or claims. Holders of personal data and information will not be required in any case to authorize the Treatment of sensitive data. Notwithstanding the to allow for the proper provision of services, they shall expressly consent to treatment of the sensitive personal data or information by THE AIRLINES pursuant to this Privacy Policy. In addition, for security purposes, THE AIRLINES may collect, store, share and compare personal data and information with different national or international administrative, control and supervising, police and judicial authorities, including biometric data, of our Travelers, Clients and Users, obtained through any image, audio or video recording device, located in our facilities (such as administrative offices, points of sale, VIP lounges, airport modules for customer service, call centers). THE AIRLINES will inform the general public about this by publishing Privacy Warnings, in the locations where this personal data and information is collected. Due to our activity as carriers, the AIRLINES are required to provide certain personal data and information about passengers or cargo or courier and/or express shipments to airport, immigration and customs authorities, as well as any other domestic or international government, regulatory or safety authorities prior to the departure or before landing of flights in any destination after performing the contract of carriage. By general rule, this information refers to identity information of the passengers on board, their itineraries, as well as the data contained in their respective travel documents (passport, visas) or related to transported goods. 8

9 4.4 Purposes of personal information and data treatment Collected personal data and information is used to process, confirm, fulfill and provide the purchased products and/or services, directly and/or with the participation of other airlines or third-party suppliers of products or services, as well as to make reservations, modifications, deletions, changes of itinerary, refunds, respond to requests, claims and complaints, payment of compensation and indemnities, accounting records, correspondence, processing and verification of credit cards, debit cards and other payment instruments, to promote and advertise our products, services and activities, to perform financial payment transactions, charges or refunds, to respond to legal proceedings, to report or process the requirements domestic or international control and surveillance administrative authorities, police and legal authorities, banking institutions and/or insurance companies, for internal and/or commercial administrative processes, including market research, auditing, accounting reports, statistical analysis, billing, and offering and/or recognition of benefits through loyalty programs in order to perform the contract of carriage and other services and supplementary activities, detect and prevent fraud, money laundering and other criminal activities and/or or for the proper operation of loyalty programs and other activities indicated herein. Personal data and information Treatment by the people/entities responsible for or in charge of the Treatment is framed within the guarantee of and respect to the Treatment principles set forth by applicable law. These principles are legality, freedom, transparency, consent, information, quality, access and restricted distribution, purpose, loyalty, proportionality, safety and confidentiality. We inform Clients, Travelers and Users, that third parties may be involved in performance of THE AIRLINES activities, including providers of flight booking systems, security tools for processing of banking, transactions, call centers, tour operators, banking entities, insurance companies, our representatives or agents, loyalty program managers and/or operators, and that these activities can be carried out in countries other than those where the service is contracted or the product is purchased, without prejudice to other purposes that have been set out in this document and under terms and conditions of each of our business units products and services and/or Privacy Policies of said third parties. Through our LifeMiles loyalty Program, by LifeMiles B.V., THE AIRLINES acknowledge and provide incentives for traveler loyalty. Each member of the Program is subject to the terms and conditions of the LifeMiles Program and their Privacy Policy, available at Any f personal data of members of the LifeMiles Program treated by THE AIRLINES, shall be carried out in their capacity as Responsible Party for the purposes set forth in the personal data protection regulations. THE AIRLINES do not sell, assign or transfer personal information of their Travelers, Clients and Users to third parties. 4.5 Validity of treatment of personal data and information The validity of the information is subject to fulfilling its purposes, therefore, information provided by Travelers, Clients and Users may remain stored for up to ten (10) years from the date of the last Treatment, to enable us to comply with legal and/or contractual obligations under our charge, 9

10 particularly in accounting, fiscal and tax matters or for the time deemed necessary to comply with the provisions applicable to the corresponding matter or to the administrative, accounting, tax-related, legal and historical aspects of the information, or in any event provided by law and the provision of the service. 4.6 Truthfulness of the Information Travelers, Clients and Users have the duty of providing THE AIRLINES with truthful personal information in order to formalize the reservation and enable the provision of the contracted services, as well as to carry out any other services required. The AIRLINES presume the accuracy of the information provided by Clients, Travelers and Users and are not under the obligation to verify identity of Travelers, Clients and Users, or the truthfulness, validity, adequacy and authenticity of the data provided by each one of them. Therefore, the Companies shall assume no liability for any damages of any nature that may originate due to the lack of truthfulness, adequacy, sufficiency or authenticity of the personal data and information, including damages derived from homonyms or identity theft. 4.7 Information of children and underage teenagers THE AIRLINES, acknowledge the special level of protection required in relation to personal data of minors and teenagers, and therefore, in cases when the latter are users of the products and services offered by THE AIRLINES, it is understood that they act through their legal representatives duly authorized person, parents or guardians, or legal representation of the minor pursuant to the specifications of the region or country where the minor s data is treated. In the event that their parents or guardians of these children become aware of an unauthorized data Treatment, they may submit their inquiries or complaints to habeasdata@avianca.com. The AIRLINES shall ensure the proper use of personal data of children and underage teenagers, guaranteeing that treatment of their data complies with applicable laws, as well as the protection of their best interests and fundamental rights where possible, taking into account their opinions as holders of their personal data. 4.8 Use of Cookies The AIRLINES may use cookies and other similar technologies on their websites, mobile applications, electronic kiosks and electronic devices used to access them, in order to learn the origin, increase functionality and accessibility to website, verify that users meet the required criteria to process their requests and adapt their products and services to Users needs, being able to obtain the following general information: The type of browser and operating system used Websites visited 10

11 IP address Duration of browsing Device language Accessed links The last website visited before accessing These cookies and other similar technologies can be disabled and deleted by the User whenever they want. For this purpose, the candidate, collaborator bound by labor agreement, family group and/or beneficiary, retired collaborator and/or any other interested Holder, may verify and/or request help on the Internet browser they are using. Check our Cookies Policy and learn how we use your personal data for a better user experience. 4.9 Protection, security and confidentiality of personal information and data Protection, security and confidentiality of the personal data and information of Travelers, Clients and Users is highly important for THE AIRLINES. THE AIRLINES have policies, procedures and information security standards, which may change at any time at their discretion and which aim to protect and preserve the integrity, confidentiality and availability of personal data and information, regardless of its nature or format, its temporary or permanent location or how it is transmitted. Therefore, we rely on technological security tools and comply with renowned industry security practices, including: transmission and storage of sensitive information through secure mechanisms, such as encryption, use of secure protocols, safeguarding technological components, restriction of access to the information only to authorized personnel, data backup, safe development of software, etc. Third parties contracted by the AIRLINES are equally bound to comply with this Privacy Policy, as well as THE AIRLINES policies and manuals of information security and the safety protocols applied to all of our processes. Any contract entered into by the AIRLINES with any third party (contractors, external consultants, temporary collaborators, etc.) which involves the Treatment of personal data and information of Travelers, Clients and Users includes a confidentiality agreement that specifies their commitments to the protection, care, safety and preservation of confidentiality, integrity and privacy thereof Rights of the Information Holder The Information Holder is hereby informed of the rights granted by applicable laws as a Holder of personal data and which are listed below: To know, update and rectify their personal data and information before the entity that is responsible or in charge of the Treatment of their personal data and information. 11

12 To request proof of the authorization granted to the entity that is responsible for the Treatment of their personal data and information, unless such request constitutes an express exception for such Treatment. To be informed, upon request, by the entity that is responsible for the Treatment of their personal data and information about how such personal data and information have been used. To file complaints before competent authorities for violations to the applicable personal data protection regime. To revoke the authorization and/or request the removal of the personal data and information under the terms of this Privacy Policy. To access their personal data and information that was subject to Treatment, upon previous request to the AIRLINES and under the provisions of the corresponding valid and applicable regulations. If the requests exceed one per calendar month, the Companies will charge the Holder requesting such information for its shipment, reproduction and, if applicable, certification costs Area Responsible of Personal Data Protection Responsible for treatment: Aerovias del Continente Americano S.A. Avianca Tax ID. No.: NIT Postal address: Calle 26 # (Colombia) Phone: habeasdata@avianca.com 4.12 General procedure to exercise the rights of Clients, Travelers and Users as holders of personal information. Travelers, Clients and Users of THE AIRLINES are entitled to know the details of their personal data treatment and to exercise their rights as Holders thereof, under the terms of applicable data protection regulations and pursuant to the provisions of this Privacy Policy. For the purpose of the above, this policy defines the general procedure for Holders of information to exercise their rights, notwithstanding the enforcement of specific stipulations and procedures of domestic laws in each territory. In the event of a discrepancy between the general procedure and the specific stipulations or procedures contained in applicable local regulations in each territory, the specific regulations shall prevail. The Personal Data Privacy area is the responsible department within the Organization to promote and enforce the Personal Data Protection Program. For this purpose, the Organization has enabled specific service channels for interested parties to exercise their Personal Data protection rights, such as the habeasdata@avianca.com address. 12

13 Queries a) The Holder of the Information and/or the person exercising the right on his or her behalf, must prove Ownership to avoid loss, query, unauthorized or fraudulent use or access by a person other than the Interested Party and/or whoever has the power to act on its behalf. Proof by the Holder shall be confirmed by submission of: a physical or digital company of the pertinent identification document and passport (identification number on international flights), depending on the method of submission of the query. When the request is made by a person other than the Holder, the third party must duly prove power of attorney to act on behalf of the Holder by sending any supporting documents. b) The request to exercise any of the rights listed in numeral 10 must be submitted: in writing, on a physical and/or digital mean through the channels enabled by the Organization for that purpose and identified in this Privacy Policy. c) The request to exercise any of the aforementioned rights must contain at least the following information: Name of the interest party, his or her representative and/or the person exercising the right on his or her behalf. Concrete, accurate and justified request of the invoked right. Physical and/or electronic address for notifications. Documents that support the request (if applicable) Signature of the requesting party depending on the method of request. d) The request will be handled by the area and/or delegate within the organization in charge of protection of personal data only when Ownership of the information is proven and it meets the abovementioned requirements Claims a) The Holder of the Information and/or the person exercising the right on his or her behalf, must prove Ownership to avoid loss, query, unauthorized or fraudulent use or access by a person other than the Interested Party and/or whoever has the power to act on its behalf. Proof by the Holder shall be confirmed by submission of: a physical or digital company of the pertinent identification document and passport (identification number on international flights), depending on the method of submission of the query. When the request is made by a person other than the Holder, the third party must duly prove power of attorney to act on behalf of the Holder by sending any supporting documents. 13

14 b) The request to exercise any of the rights listed in numeral 10 must be submitted: in writing, on a physical and/or digital mean through the channels enabled by the Organization for that purpose and identified in this Privacy Policy. c) The request to exercise any of the aforementioned rights must contain at least the following information: Name of the interest party, his or her representative and/or the person exercising the right on his or her behalf. Concrete, accurate and justified request of the invoked right. Physical and/or electronic address for notifications. Documents that support the request (if applicable) Signature of the requesting party depending on the method of request. d) The request will be handled by the area and/or delegate within the organization in charge of protection of personal data only when Ownership of the information is proven and it meets the abovementioned requirements Security Violation a) When the Holder s request identifies a violation that may lead to a regulatory breach or the violation of a right associated to personal data, the process in the previous numerals shall be followed along with the following specifications and exceptions: Classification of the type of incident: Critical Level: Involves sensitive data, or disclosure of private or semi-private data without authorization of the Holder that leads to a possible loss of confidentiality of the information. Intolerable Level: Involves private or semi-private data associated to improper handling pursuant to contractual obligations or the authorization granted by the Holder. b) Mitigation actions pursuant to the Internal Information Privacy and Handling Manual Terms The following general terms of reference shall be used, however, the region of origin of the Holder of the information must be considered, response times and requirements may vary, therefore, depending on the region, the construal of this numeral must be made jointly with the annexes and reference must be made to those that are pertinent. Query: They will be handled within a maximum of ten (10) working days as of reception of the query. When it is not possible to respond within said term, we will inform of the reasons for the delay and the 14

15 date on which the query will be answered, which in no case may exceed five (5) working days after expiration of the first term. Claims: They will be handled within a maximum of fifteen (15) working days as of reception of the duly supported claim. When it is not possible to respond to the claim within said term, we will inform of the reasons for the delay and the date on which the query will be answered, which in no case may exceed eight (8) working days after expiration of the first term. If the claim in incomplete, the Holder will be asked to cure any faults within the following five (5) days. After two (2) months of the date of the request, without receiving the required information from the interested party, we will understand that the claim has been desisted Channels enabled to handle queries and claims To exercise their rights, Travelers, Clients and Users may enforce their rights to know, update, rectify and eliminate personal data or information by sending a request to habeasdata@avianca.com In the event that any Traveler, Client and User considers that the use of content in any of our communication channels, such as websites, mobile applications and kiosks constitutes a breach to their intellectual property rights, they shall notify us by sending a communication with the following information to the abovementioned address: Personal data: name, address, telephone number and address of the claimant. Authentic signature, with the personal data of the Holder of the intellectual property rights subject to infringement or of the person authorized to act on behalf of the Holder of the intellectual property rights subject to infringement. Accurate and complete indication of the content that is protected by the intellectual property rights infringed and its location. Express and clear statement of the fact that such content has been used without the authorization of the Holder of its intellectual property rights. Express and clear statement, and under the responsibility of the claimant, that the information provided is accurate and that the use of such content is an infringement to the intellectual property rights thereof. The claims arising from these facts shall be subject to proper Treatment and resolution under the applicable legal proceedings, pursuant to the nature and applicability thereof. The request for deletion of information and the revocation of the authorization or the request to restrict the use and disclosure of personal data will not proceed when the Holder is legally or contractually bound to remain in the database, under the terms set forth by the applicable laws. 15

16 Notwithstanding the enforcement of the general procedure set forth in this Privacy Policy, we have identified some territories where specific provisions are set out by local laws. In case you wish to know such specific provisions, please see the Annexes listed below: Colombia Annex Mexico Annex Peru Annex European Union Annex Canada Annex United States Annex These annexes apply in accordance to and are an integral part of the General Privacy Policy for the protection of Personal Data of Travelers, Clients and Users Modifications to the Privacy Policy THE AIRLINES reserve the right to make changes or updates to this Privacy Policy at any time in compliance with new legislations, internal policies or new requirements in order to provide or offer their services or products. These modifications will be made available to the public through the following channels: visible notices on their premises or customer service centers, on our websites, smartphone applications (Smartphones) or electronic kiosks (Privacy Notice) or through the last provided. Subject to applicable laws, the Spanish version of this Privacy Policy shall prevail over any other version disclosed in any language. In the event that there is any inconsistency between the Spanish version and any translation of this Privacy Policy in another language, the Spanish version shall prevail Ethics Hotline The Organization has an Ethics Hotline, managed by Navex Global Inc., a company incorporated under the laws of Delaware, USA, and independent from The Organization so that collaborators, related third parties, suppliers, shareholders, Travelers, Clients, Users and the general public to submit complaints or inquiries, reveal conflicts of interests, which shall be treated confidentially. The Ethics Hotline guarantees anonymity in the event that the reporting party wished to hide his or her identity. The Ethics Hotline is available 24/7 at and on several phone lines available on this link. Treatment of personal data and protection of privacy will be performed by companies integrated into Avianca Holdings, S.A., with the purpose of investigating claims, absolving queries and taking administrative or legal action. This treatment will be performed pursuant to the Privacy Policies, available on the Policies section of the Ethics Line portal. 16

17 4.15 Validity This General Privacy Policy shall enter into force on the day it is published. 5. Annexes 5.1 Colombia Annex Regarding information and personal data treated in Colombia, the procedures to exercise of the rights of the holders of such information will be the one set out by Law 1581 from 2012 and its regulatory decrees. Pursuant to Article 10 of Decree 1377 from 2013, the AIRLINES request your authorization to continue Treatment of your personal data and information under the terms set forth by this Privacy Policy. In addition, pursuant to paragraph a) of article 26 of Law 1581 from 2012, we inform you that by expressly accepting this Privacy Policy, you grant us permission to transmit and/or transfer your personal data and information to other countries in which we operate, where different levels of protection of personal data to those required in Colombia may exist, including El Salvador, Peru, Ecuador, Bolivia, Guatemala, Brazil, Costa Rica, USA, Uruguay, Paraguay and Argentina. You can exercise your rights to know, update, modify and/or delete your personal data and information by sending an to or through the Suggestions and Claims service at or through our Call Centers in Bogota or in other cities in Colombia on , in accordance with this Privacy Policy. The contact information for THE AIRLINES in Colombia are: Address: Avenida Eldorado No , Bogota Phone Number in Bogota: Other cities in Colombia: Mexico Annex Regarding information and personal data treated in Mexico, the procedures for the exercise of the rights of the holders of such information will be the ones set out by Federal Law on Protection of Personal Data Held by Individuals (DOF ), and its respective Regulations (DOF ). Procedures for exercising ARCO rights in Mexico: Pursuant to the provisions of Mexican law, holders of personal data and information have the right to access, rectify, cancel or oppose the Treatment of their personal data, for which purpose the following procedure shall be carried out: The area responsible for the Treatment of personal data (Direction and Intelligence of Information) may be contacted through the following channels in order to send the required information and documentation: 17

18 Address: Avenida Eldorado No , Bogota, Colombia The request to access, rectify, cancel or oppose shall include, at least: Full name and address of the holder of the personal data and information, or provide any other means to response to the request. Documents proving the identity or legal representation of the holder of the personal data and information. Clear and accurate description of the personal data and information subject to the enforcement of the aforementioned rights. Any other item or document that facilitates the location of personal data and information. Indicate the modifications to be made and/or limitations on the use of personal data and information. Provide documentation to support your request. THE AIRLINES shall communicate the adopted resolution to holder owner of the personal data and information, within a term not exceeding 20 working days from the date of receipt of the request. If necessary, this term may be extended on a single occasion for an equal term. Based on the above, and in accordance with the provisions of the Law, THE AIRLINES shall inform the owner of the personal data and information the meaning and motivation of the resolution, through the same means through which the request was carried out, and that resolution shall be accompanied with relevant evidence, if any. If the request is appropriate, it will be executed by THE AIRLINES within 15 working days following the communication of the adopted resolution Based on the response or lack of response by the AIRLINES, the holder may file a request for data protection with the Federal Institute of Access to Information (IFAI). Such request shall be submitted by the owner within 15 working days from the date the AIRLINES communicate the response to the owner, and shall be subject to the provisions of the Law. For requests of access to personal data and information, the petitioner or their legal representative shall be required to prove their identity. The obligation of access to information shall be fulfilled when THE AIRLINES make available the personal data and information to the owner or when such information is provided in form of photocopies or electronic documents. In the event that a traveler, client or user requests access to their personal data and information under the assumption that THE AIRLINES are the responsible entities thereof, and it is ultimately concluded that THE AIRLINES are not responsible thereof, the AIRLINES shall communicate this to the owner through any means for the request to be considered fulfilled. The response to the request for access, rectification, deletion or opposition of personal data will be free of charge. Our customers, Travelers or Users should only cover the reasonable costs of shipping or reproduction of copies or other formats, which will be informed in due time. 18

19 In the event that the same client, traveler or user restates the request for access, rectification, deletion or opposition of personal data and information in less than 12 months from the date of the last request, the response may have an additional cost indicated by the AIRLINES, in accordance with the provisions of Article 35 of the Federal Law on Protection of Personal Data. The AIRLINES may refuse total or partial access to personal data and information or the rectification, deletion or opposition to the Treatment thereof in the following cases: If the petitioner is not the owner or legal representative or is not authorized. If the petitioner s personal data and information is not contained in the databases of the AIRLINES. If the rights of any third party are violated. If there exists any legal impediment or resolution by an authority. If the rectification, deletion or opposition was previously carried out and the request is no longer pertinent. The cancellation of personal data and information will result in a lockout period after which the deletion of the data will be performed. Once the personal data and information are cancelled, the AIRLINES shall notify the owner thereof. Once the aforementioned process is completed, the AIRLINES may keep the personal data solely for the purposes of the Treatment obligations arising from this policy. If the personal data and information are transmitted to third parties or entities in charge before the rectification or deletion and if they are subject to Treatment by such third parties, the AIRLINES shall inform such third parties about the request filed by the owner in order to make such rectifications and deletions. The AIRLINES are not under any obligation to cancel the personal data and information in cases where the provisions set out by Article 26 of the Federal Law on Protection of Personal Data are applicable, or when the owner has a legal or contractual duty to remain in the database, under the terms set forth by the law. In addition, once the collected personal data and information are no longer necessary for the compliance with the purposes set forth by this policy and with the applicable legal provisions, such personal data and information will be cancelled from the databases of the AIRLINES. Mechanisms and procedures to revoke your consent: Holders may at any time revoke their consent to the Treatment of their personal data and information. In order to do so, the owner shall send an written in Spanish to the following address: habeasdata@avianca.com, which shall include the same requirements previously indicated for the exercise of ARCO rights, indicating the personal data and information subject to such revocation. The AIRLINES will perform such revocation within fifteen (15) working days from the date of receipt of the . 19

20 Options provided to the owner to limit the use or disclosure of personal data and information: Holders may at any time limit their consent to the Treatment of their personal data and information for marketing and promotional purposes by sending an to the following address: mentioning such limitations. The AIRLINES will stop sending information within ten (10) working days from the date of receipt of the . Contact details THE AIRLINES in Mexico are: Address: Avenida Paseo de la Reforma , Colonia Cuauhtémoc, CP 06500, México, D. Phone Number in Mexico : habeasdata@avianca.com 5.3 Peru Annex Regarding information and personal treated in Peru, the procedures for the exercise of the rights of the owners of such information will be the ones set out by Law and Supreme Decree JUS (hereinafter the Law and its regulations ). Travelers, Clients and Users are entitled to see and know the details of the Treatment of personal data and information we perform, to know the collected personal data and information, to oppose if necessary, to request their rectification if inaccurate or incomplete and to cancel them if not used according to the law, the terms and conditions of the purchased product or service, the corresponding contract or the terms set forth by this Privacy Policy. By accepting this Privacy Policy, you freely and expressly state that you were previously informed about the following rights to which you are entitled as the owner of your personal data and information under Peruvian law: Access. Information. Rectification and Updating. Deletion. Opposition. In order to exercise such rights, a request shall be sent to THE AIRLINES including the following information: Names and last names and certification of the petitioner s identity (copy of their ID or passport). Specific reasons for the request. Address or electronic address for the purposes of response notifications. Documents supporting the request (in the case of the right to rectify, cancel or oppose). Signature of the petitioner. 20

21 The procedures to exercise your rights are the following: 1. Right to access and information: Owners may exercise the right to access the data contained in our database, in which case they will be provided with requested access information. The access request will be answered within a maximum term of twenty (20) working days from the day of receipt of the request. If processing of the claim within this term is not possible, they will be informed of the reasons for the delay and the term for the response will be extended to twenty (20) additional working days. The holder of the data may exercise their right to information to know the manner in which such information has been collected. Such request will be answered within a maximum term of eight (8) working days from the day of receipt of the request. If the request to exercise the right of access or information is incomplete, the owner will be required to correct the information within a term of five (5) days from the date of receipt of the claim. If the required information is not presented after such 5-day term, the request shall be deemed not filed. 2. Right to rectify, update, oppose or cancel: If the holder considers that the information contained in a database must be subject to correction, updating or deletion, they may file a duly supported request, which will be processed under the following rules: If the request is incomplete, the owner will be required to correct the information within a term of five (5) days from the date of receipt of the claim. If the required information is not presented after 5 days from the date of the request, the request shall be deemed not filed. On the other hand, if the information or documents supporting the request are insufficient, the AIRLINES may require additional documentation to process the request within seven (7) days from the date of receipt of the request and such information shall be submitted by the owner within ten (10) working days. In addition, if you have not submitted the required information after such term, such information shall be deemed not submitted. During the rectification or deletion processes, the AIRLINES or the responsible entities will block third-party access to the data. The maximum term to process a request of rectification, updating, opposition or deletion will be ten (10) working days from the date of receipt of the request. If Treatment the claim within this term is not possible, you will be informed of the reasons for the delay and the date your claim will be processed, which shall not exceed the ten (10) working days from the date of receipt of the request. Contact details for THE AIRLINES in Peru are: Address: Avenida Jose Pardo 831 (4th Floor) Miraflores Lima Peru Phone Number in Peru (Lima): e_solutions@centrosolucionavianca.com 5.4 European Union Annex The provisions of this annex, which applies in relation to the General Privacy Policy for the Protection of Personal Data of Travelers, Clients and Users and is an integral part thereof, shall apply for Travelers, Clients and Users residing in a member country of the European Union, as well as for passengers who buy their tickets in a member country of the European Union. 21