pg 062 privacy policy related to review date ... - avianca.com · physical documents and others),...

PG_062 PRIVACY POLICY RELATED TO HUMAN TALENT PROCESSES OF THE COMPANIES.

Review Date: 2018-05-25

Rev.: 01

1

REVISION REGISTER

Revision Number Date Section Changes

01 2018 /05/25 Entire Document Creation of the

Document



Rev.: 01

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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 Scope of Application

4.4 Personal information and data we treat

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 General procedure to exercise the rights of Clients, Travelers and Users as holders of

personal information.

4.12 Modifications to the Privacy Policy

4.13 Validity of Treatment of personal information and data

4.14 Review of occupational medical history

4.15 Ethics Hotline

5. Annexes

5.1 Colombia Annex

5.2 Mexico Annex

5.3 European Union Annex

5.4 Peru Annex

5.5 Canada Annex

5.6 United States Annex



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1. OBJECTIVE AND SCOPE

We recognize the importance of security, privacy and confidentiality of personal information that Holders

of the information 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.

Communicate Holders of personal information, the type of data, the purpose of Treatment, the

protection and the rights they have as Holders of information and the procedures to exercise them.

2. RESPONSIBILITY

Responsible for treatment: Aerovias del Continente Americano S.A. Avianca

Tax ID. No.: 890.100.577-6 NIT

Postal address: Calle 26 # 59-15 (Colombia)

Phone: 5877700

E-mail: [email protected]

3. AUTHORITY

Directorate of Risk, Security and Compliance with Information

4. CONTENT

4.1 WHO WE ARE

4.1.1 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.

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.

mailto:[email protected]



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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.

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.



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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.

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

4.2 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 Candidate and/or Applicant, Collaborator bound by a labor

agreement, Related Third Party, Retired Collaborator, provides his or her personal data through any

channel or mean set forth by The Companies for the proper performance of various Human Talent

processes and procedures.



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As defined in this document, a collaborator related by labor agreement and or related third party, who

provides their personal data and/or personal data of Holders in his or her family group and/or

beneficiaries, accepts that the Companies will treat his or her personal information, for the purposes

provided in this Policy, guaranteeing transparency and compliance with current regulations and the

Organization’s internal policies, when the collaborator bound by a labor agreement and/or related third

party act in representation or on behalf of the other or for another, it is understood they do so in good

faith.

By accepting this Privacy Policy, and when executing the authorization at the agreements execution,

each of the Holders of the information (including those in his or her family group and/or beneficiaries of

the Collaborator bound by a labor agreement and/or related third party) expressly authorize the

Companies to Treat said information, partially or fully, including collection, storage, recording, use,

distribution, Treatment, deletion, transmission and or transfer, domestic or international, and only for

the purposes described herein:

4.2.1 Management of Processes Related to Human Talent within The Companies

• Treating personal information for the adequate handling of all processes related to Human Talent

in The Companies as well as sending the information through the channels established for that

purpose, such as: promoting verification and evaluation procedures of applicants during

selection processes of the Companies, control and follow-up of the hiring process, support and

performance of the collective benefits derived from a labor agreement, such as, but not limited

to: registration of the collaborator and his or her beneficiaries in the AVIAJAR system to issue

benefit tickets, payroll stubs or payment tickets, registration and payment of contributions to

the comprehensive social security system, registration and/or update of beneficiaries before the

comprehensive social security system, managing the workplace security and health system

during performance of various work activities and/or any other type of information directly or

indirectly related to compliance of the obligation derived from the labor agreement, civil or

commercial agreement and the administration of Human Talent.

• Providing personal data and information to national and international oversight and supervision,

administrative, police and judicial authorities, under a legal or regulatory requirement and/or

using, sharing or disclosing this personal data and information in defense of the rights and/or

ownership of the Companies, their customers, our websites or its users, to guarantee compliance

with regulations that apply to The Companies, for fraud detection or prevention, money

laundering, terrorist financing, avoidance of conflict of interest, detection of publicly or politically

exposes persons (PEPs), criminal prosecution or when the Companies in good faith consider that

the delivery of information and personal data is in their best interest to fraud safety.

• Allowing access to personal data and information to auditors or third parties hired to perform

internal or external audit processes of the commercial activities carried out by us.

• Checking and updating personal data and information, at any time, in order to keep this

information updated.



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• Outsourcing the storage and/or processing of personal data and information for the proper

execution of Human Talent processes and procedures, under the security and confidentiality

standards which we bind us.

• Transmitting personal data to countries other than those where information is collected, in which

case the Companies will seek to protect such data in accordance with the security and

confidentiality standards set forth herein.

• Transferring your personal data and information, in the event of a change of control in one or

more Companies or in any of the business units due to merger, acquisition, bankruptcy,

demerger, or creation, to the new entity controlling the Companies or their business units. If,

as a result of the change of control, there is a change of the Person in Charge of the treating of

personal data and information, such situation will be reported to the Holders of the personal

data and information, in order for them to exercise their rights under the relevant applicable

law. The conditions under which the owners of personal data and information may exercise their

rights will be indicated when reporting the change of control.

4.3 Scope of Application

This Personal Data Privacy Policy, as well as the above-described purposes, apply to Holders of

information acting under any of the capacities described below.

4.3.1 Candidates and/or applicants for a vacancy or position in the Companies (hereinafter “candidate”)

A candidate is a natural person who expresses, through any means provided by the Companies, his or

her interest in participating in the processes of human talent attraction. By accepting this Privacy Policy,

each of the candidates, acting in his or her capacity as Holder of the information, authorizes the

Companies to partially or totally treat such personal data and information, which includes the collection,

storage, recording, use, distribution, processing, deletion, transmission and/or transfer to third parties

under the terms of this Privacy Policy for the purposes described in numeral 6.1 and especially for:

• Sending emails, information related to selection processes, administration of vacancies available

at the Companies, hiring processes and/or any other type of information directly or directly or

indirectly related to the fulfillment of the obligations of the labor, civil or commercial contract

and with Human Talent management.

• Verifying and checking the truthfulness of the information, personal and/or job references,

disciplinary and/or criminal records related to risk restriction lists, prevention of money

laundering, bribery and terrorist financing.

• Checking and updating personal data and information, at any time.

4.3.2 Collaborator bound by labor agreement

The Collaborator bound by a Labor Agreement, is the person bound by a labor agreement to any of The

Companies (hereinafter “Collaborator bound by a Labor Agreement”). By accepting this Privacy Policy,



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the Collaborator bound by a Labor Agreement, acting in his or her capacity as Holder of the information,

authorizes the Companies to partially or totally treat such personal data and information, which includes

the collection, storage, recording, use, distribution, processing, deletion, transmission and/or transfer

to third parties under the terms of this Privacy Policy for the purposes described in numeral 6.1 and

especially for:

• Sending information related to Human Talent processes and procedures, such as: payroll stubs

or payment tickets, collective benefits derived from a labor agreement, requesting information

relevant for the Company, withholding at the source certificates, data update request,

information of interest, document requests, scheduling of work schedules, circulars, policies,

manuals, training courses, reservation and pre-reservation for benefit tickets, corporate

conventions, voucher confirmation for the use of transportation and/or any other type of

information directly and indirectly related to fulfillment of the obligations derived from the

existence of a labor agreement.

• Verifying and checking the truthfulness of the information, personal and/or job references,



• Checking and updating personal data and information, at any time.

4.3.3 Related Third Parties A related third party any is a natural person, other than a collaborator bound by a labor agreement,

who provides services or supports the execution of some processes in the Companies or who works for

members of the Companies’ Boards of Directors, or who are at the service of a contractor or supplier of

goods and services –whether such contractor or supplier is a natural or legal person, that has entered

into a civil or commercial contract with the Companies– and who under the provisions of any of such

contract, carries out operational-support, technical, administrative or commercial functions (hereinafter

“Related third party”).

By accepting this Privacy Policy, the Related Third Party, acting in his or her capacity as Holder of the

information, authorizes the Companies to partially or totally treat such personal data and information,

which includes the collection, storage, recording, use, distribution, processing, deletion, transmission

and/or transfer to third parties under the terms of this Privacy Policy for the purposes described in

numeral 6.1 and especially for:

• Sending information related to Human Talent processes and procedures, such as: confirmation

of reservations and pre-reservations generated through the Organization’s systems, corporate

conventions and/or any other type of information directly and indirectly related to fulfillment of

the obligations derived from the existence of a labor agreement.

• Query and update information and personal data, at any time, to keep said information updated.

4.3.4 Family Group and/or Beneficiary



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A Family Group is comprised of all those natural persons with a relationship of consanguinity and/or civil

with any Collaborator bound by labor agreement or related third party who enjoy the benefits directly

granted by the Companies. A beneficiary is a natural person who has been registered in the Human

Talent administration systems by a Collaborator bound by labor agreement or related third party in

order to grant them the benefits directly granted by The Companies (hereinafter “Family Group and/or

beneficiary”).

4.3.5 Removed Collaborator

A natural person who had an employment relationship generated by a labor agreement with one of The

Companies and that ended by reason of any established legal grounds (hereinafter “Removed

Collaborator”.

By accepting this Privacy Policy, the Removed Collaborator, acting in his or her capacity as Holder of

the information, authorizes the Companies to partially or totally treat such personal data and

information, which includes the collection, storage, recording, use, distribution, processing, deletion,

transmission and/or transfer to third parties under the terms of this Privacy Policy for the purposes

described in numeral 6.1 and especially for:

• Sending information related to Human Talent processes and procedures that may arise after

termination of a labor agreement, such as: confirmation of reservations and pre-reservations

generated through the Organization’s systems, corporate conventions and/or any other type of



4.3.6 Retired Collaborator

A natural person who had an employment relationship generated by a labor agreement with any of the

Companies and that ended by reason of acknowledgment of his or her right to retire, directly by The

companies or acknowledged by the Social Security System (hereinafter “Retired Collaborator”).

By accepting this Privacy Policy, the Retired Collaborator, acting in his or her capacity as Holder of the

information, authorizes the Companies to partially or totally treat such personal data and information,

which includes the collection, storage, recording, use, distribution, processing, deletion, transmission

and/or transfer to third parties under the terms of this Privacy Policy for the purposes described in

numeral 6.1 and especially for:








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4.3.7 Any other interested Holder of the information that reside in the personnel administration files (hereinafter “Other interested”)

By accepting this Privacy Policy, Any Other Interested Holder, acting in his or her capacity as Holder of

the information, authorizes the Companies to partially or totally treat such personal data and

information, which includes the collection, storage, recording, use, distribution, processing, deletion,

transmission and/or transfer to third parties under the terms of this Privacy Policy for the purposes

described in numeral 6.1 and especially for:






4.4 Personal information and data we treat The Companies may collect personal data and information from: candidates, collaborators bound by

labor agreements, related third parties, family group and/or beneficiary, removed collaborator, retired

collaborator, and/or any other interested Holder, which information may vary according to the

requirements of local authorities, technological facilities, nature of the products or services provided,

among others. For that purpose, the following personal data and information may be collected and

stored and/or processes in servers located in computer centers, whether owned or contracted with third

parties, that may be located in the cloud or in various countries:

In the case of candidates for a position in The Companies, the following information is treated:

• Names and

surnames.

• Type and

identification

number.

• Nationality.

• Birthdate.

• Gender.

• Civil status.

• Fixed and mobile

telephones of

contact of the

candidate and of the

personal and labor

references that he

informs in his

resume.

• Postal and electronic

addresses of the

candidate and of the

personal and work

references he or she

reports on his or her

resume.

• Fax (personal and /

or work).

• Profession or

occupation.

• Academic profile.

• Professional profile

In the case of active employees, retired employees, and other persons who have had a labor agreement

with The Companies:

• Names and

surnames.

• Type and

identification

number.

• Birthdate.

• Gender.

• Civil status.

• Home phone.

• Cell phone.


or work).

• Profession or

occupation.




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• Professional profile.

• Admission date.

• Nationality.

• Department.

• Blood type.

• Mother's name.

• Father's name.

• Name of family

group members to

include as ticket

beneficiaries.

• Previous job.

• Disabilities

• Relationship with an

official - degree of

kinship.

• Type of Contract.

• Term of the contract.

• Transportation

voucher

• Ing for pax.

• Contribution Union.

• Position.

• Salary.

• Function.

• Job profile.

• Weekdays worked.

• Monthly day

• Weekday

• Type of pay.

• Bank account for

payroll payments.

• Payment agency.

• Severance Fund.

• Health Fund.

• Pension Fund.

• Family

Compensation Fund.

• Healthcare Provider

EPS.

• Prepaid medical

entity.

• Certifications of

medical, admission,

periodic and

retirement exams.

* Other information necessary to formalize the contractual relationship

For related third parties (including: natural persons, other than collaborators bound by labor agreement,

that provide services to the Companies under a contract other than a labor agreement, that provide

their service to the Companies under an agreement other than a labor agreement, or who are at the

service of a contractor or supplier of goods and services –whether such contractor or supplier is a natural

or legal person, that has entered into a civil or commercial contract with the Companies, and that by

reason of these agreements fulfills operational, technical, administrative or commercial support tasks or

duties):

• Names and

surnames.

• Type and

identification

number.

• Birthdate.

• Gender.

• Civil status.

• Home phone.

• Cell phone.

• Postal and electronic

addresses (personal

and / or work).


or work).

• Profession or

occupation.


• Professional profile.

• Nationality.

• Department.

• Relationship with an

official - degree of

kinship.

• Type of Contract.

• Term of contract.

For family group and beneficiaries (referring to information of family members to enjoy benefit tickets

or extralegal benefits pursuant to the information in the resume and the registration form “Beneficiary

Documents”)

• Beneficiary name).

• Identification

document

• Effective start date

(date of entry of the

collaborator to the

Company).

• Date of birth (of

beneficiary).

• Nationality.

• Department.

• Country.

• Gender.

• Relationship with

collaborator.



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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 administration of Human Talent processes,

Holders who provide sensitive personal information to the Companies, authorize its use for the express

purposes outlined herein, which shall be treated pursuant to the company’s security policy.

In addition, for security purposes, the Companies may collect, store, share and compare personal data

and information with different national or international administrative, control and supervising, police

and judicial authorities, domestic and international, the personal data and information, including

biometric data, 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 Companies will inform the general public about this by publishing Privacy Warnings , in

the locations where this personal data and information is collected.

4.5 Validity of treatment of personal data and information

Information provided by candidates to occupy a vacant position within the Companies, will be stored for

a term of up to one (1) year after the date of the last Treatment, to be considered for future selection

processes in which the candidate participates.

The information provided by active employees, removed employees, retired employees and other

persons who had a direct labor relationship with The companies, shall remain stored for up to two (2)

years as of the date of the last Treatment, incompliance with their legal and/or contractual obligations,

or for the necessary time to respond to related applicable provisions and to administrative, accounting,

tax, legal and historic information matters, or in any case provided by the law.

After the precautionary term of two (2) years, labor history is physically stored, in electronic means or

other means provided by The Companies for that purpose, for the time necessary to respond to legal

and/or contractual provisions, especially in corporate policies, legal and/or contractual obligations and

the time necessary to respond to related applicable provisions and to administrative, accounting, tax,

legal and historic information matters, or in any case provided by the law.

4.6 Truthfulness of the Information

The interested Holder has the duty of providing THE COMPANIES with truthful personal information for

processes of: attraction of human talent and formalization of the labor relationship, as well as to make

rendering of the contracted personnel service possible, the administration of benefits and legal and

extralegal labor obligations of the Companies as employers, conditions under which they accept to

provide the required information

The Companies presume the accuracy of the information provided and are not under the obligation to

verify identity of the Holders, or the truthfulness, validity, adequacy and authenticity of the data

provided by each one of them. Therefore, we 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



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data and information, including damages derived from homonyms or identity theft. All of the above,

notwithstanding the administrative / disciplinary sanctions and legal consequences derived from the

existence of a labor relationship and that may be implemented by the Companies, pursuant to the

provisions of labor legislation and internal policies.

4.7 Information of children and underage teenagers

THE COMPANIES, may hold information of children and minor teenagers, with a kinship or consanguinity

relationship or who are simply part of the family group of the collaborator bound by a labor agreement,

a related third party, family group and/or beneficiary, removed collaborator, retired collaborator or any

other interested Party in the Companies. 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

[email protected]. The Companies 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 Companies 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 websites, 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:

1. The type of browser and operating system used

2. Websites visited

3. IP address

4. Duration of browsing

5. Device language

6. Accessed links

7. The last website visited before accessing www.avianca.com

These cookies and other similar technologies can be disabled and deleted by the Users 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 information Holders is

highly important for THE COMPANIES. 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

http://www.avianca.com/



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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, among others.

Any contract entered into by The Companies with any third party (contractors, external consultants,

temporary collaborators, etc.) which involves the Treatment of personal data and information of the

candidate, collaborator bound by a labor agreement, related third-party, gamily group and/or

beneficiary, removed collaborator, retired collaborator or any other interested Holder, includes a

confidentiality agreement that specifies their commitments to the protection, care, safety and

preservation of confidentiality, integrity and privacy thereof.

4.10 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:

a) 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.

b) 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.

c) 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.

d) To file complaints before competent authorities for violations to the applicable personal data

protection regime.

e) To revoke the authorization and/or request the removal of the personal data and information

under the terms of this Privacy Policy.

f) To access their personal data and information that was subject to Treatment, upon previous

request to The Companies 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.

4.11 General procedure to exercise the rights of Clients, Travelers and Users as holders of

personal information.

The candidate and/or applicant, collaborator bound by a labor agreement, related third-party, gamily

group and/or beneficiary, removed collaborator, retired collaborator or any other interested Holder 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



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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

[email protected] email address.

4.11.1 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.

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.

4.11.2 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.




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• 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.

4.11.3 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.



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4.11.4 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

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.

4.11.5 Channels enabled to handle queries and claims

To exercise their rights, Applicants, related collaborators, related third parties and other Holders of

information may enforce their rights to know, update, rectify and eliminate personal data or information

by sending a request to [email protected] depending on the business unit or service.

In the event that any candidate and/or applicant, collaborator bound by a labor agreement, related

third-party, gamily group and/or beneficiary, removed collaborator, retired collaborator or any other

interested Holder 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 email

address:

• Personal data: name, address, telephone number and e-mail 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.




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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.

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.

4.12 Modifications to the Privacy Policy

THE COMPANIES 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 e-mail 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.

4.13 Validity of Treatment of personal information and data

The validity of the information depends upon fulfillment of the purpose and use, therefore, information

provided by candidate and/or applicant, collaborator bound by a labor agreement, related third-party,

gamily group and/or beneficiary, removed collaborator, retired collaborator or any other interested

Holder shall remained physically stored, in electronic or other means provided by the Companies for

that purposes, the necessary time to respond to applicable provisions and administrative, accounting,

fiscal, legal and historic information aspects, or in any case, pursuant to the provisions of Article 246 of

the Substantive Labor Code.



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4.14 Review of occupational medical history

Article 14 of Resolution 2346 from 2007 issued by the Ministry of Labor in Colombia, defines occupational medical history as the unique set of private, mandatory and confidential documents that chronologically register a person’s health conditions, the medical acts and other procedures performed by a healthcare team that intervenes in its assistance. It can result from one or more occupational medical evaluations. It contains and lists the labor background and exposure to risk factors of a person during its labor

history, as well as environmental measurement results and professional events. The occupational history is part of the general medical history and the legal dispositions that regulate the latter shall therefore apply.

4.15 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 http://aviancaholdings.ethicspoint.com 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.

http://aviancaholdings.ethicspoint.com/



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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 email to [email protected], pursuant to the general procedures indicated in

numeral 12 of this General Privacy Policy. To exercise their rights, travelers, clients or users may

exercise their right to know, update, rectify or suppress their personal information or data by sending a

request to [email protected], or through the Suggestions and Claims service at

www.avianca.com, or through our Call Centers in Bogota 4013434 or in other cities in Colombia on

018000953434, in accordance with this Privacy Policy.

The contact information for THE AIRLINES in Colombia are:

Address: Avenida Eldorado No. 59 – 15, Bogota

Phone Number in Bogota: 4013434

Other cities in Colombia: 018000953434


5.2 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 05-07-2010), and its respective Regulations (DOF 21-12-2011).

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:

Address: Avenida Eldorado No. 59 – 15, Bogota, Colombia


The request to access, rectify, cancel or oppose shall include, at least:



http://www.avianca.com/





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• 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.

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.

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.



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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 e-mail written in Spanish to the following address:

[email protected], 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

e-mail.

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 e-mail to the following address:

[email protected], mentioning such limitations. The AIRLINES will stop sending information

within ten (10) working days from the date of receipt of the e-mail.

Contact details THE AIRLINES in Mexico are:

Address: Avenida Paseo de la Reforma 195-301, Colonia Cuauhtémoc, CP 06500, México, D.





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Phone Number in Mexico : 01800 1233120


5.3 European Union Annex

In compliance with applicable legislation and through this Annex: European Union – Policy, we hereby

inform Employees of our Companies in the European Union, their Beneficiaries and Candidates to

personnel selection process of said Companies, of how we treat personal data and the rights related

thereto.

5.3.1 Scope:

This personal data Privacy Policy applies to the following categories of interested parties:

• Candidates and/or applicants to a vacancy or position in the Companies: Natural

persons who express through any Means provided by the Companies their interest of

participating in personnel selection processes (hereinafter “Candidate(s)”).

• Employees: Persons who are or have been bound to any of the Companies through a labor

agreement under a service provision regime (hereinafter “Employee(s)”).

• Related Third Parties: Natural persons, other than Employees, who provide services or

support the execution of processes in the Companies, including members of Boards of Directors,

or who are at the service of a contractor or supplier of goods and services, whether they are a

legal or natural person, under a civil or commercial agreement with the Companies that, by

reason of this agreement, performs duties or functions of operating, technical, administrative or

commercial assistance (hereinafter “Related Third Party”).

• Beneficiaries: Natural persons who, as a result of being employed by the Companies, or being

removed or retired, or by a relationship of consanguinity and/or civil relationship with any

Employee, enjoy the benefits directly granted by the Companies. beneficiary is a natural person

who has been registered in the Human Talent administration systems by a Collaborator bound

by labor agreement or related third party in order to grant them the benefits directly granted

by The Companies (hereinafter “Family Group and/or beneficiary”).

5.3.2 Who is responsible for treatment of your personal data?

The Person Responsible for Treatment shall be one of the Companies for whom the Employee and/or

Related Third Party works or to which a Candidate applies, and whose personal information will be

collected in the corresponding agreement. Specifically, our Companies in the European Union are:

Aerovías del Continente Americano S.A.

Avianca Sucursal en España

Registration No: NIF A4801001A


Avianca UK Branch

Postal Address: 36 Kennington Road,

Lambeth, London (United Kingdom)




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Postal Address: C/ Castelló, nº 23 – 4º

Izquierda Madrid (España)

Phone: +34 91 758 91 22


Phone: +44 800 0314206


5.3.3 Left Blank

5.3.4 Purpose of Personal Data Treatment

Complementing the purposes listed in numeral 5 herein, THE AIRLINES treat personal data for the

following reasons:

• To enter into and manage a contractual relationship: Perform evaluations and selection of

potential suppliers; Establish business relationships to purchase goods or services. Control and

payment of received goods and service; Qualitative and quantitative service level evaluations of

services received by suppliers; communication of policies and procedures about how to do

business with suppliers; accounting control and registration processes of obligations entered

into with suppliers; queries, audits and revisions derived from a business relationship with a

supplier; Any other activity necessary for the effective compliance of the commercial relationship

between the supplier and The Companies. Treating the personal information and data that has

been provided for the adequate handling of processes related to the Companies’ Human Talent,

as well as to send information related to those process through the communication channels

provided for that purpose, such as: administration of available vacancies in The companies,

information related to the selection process, the hiring process, collective benefits derived from

a labor agreement, requesting information relevant for the Company, withholding at the source

certificates, data update request, information of interest, document requests, scheduling of work

schedules, circulars, policies, manuals, training courses, reservation and pre-reservation for

benefit tickets, corporate conventions, voucher confirmation for the use of transportation and/or

any other type of information directly and indirectly related to fulfillment of the obligations

derived from the existence of a labor agreement, civil or commercial agreement and the

administration of Human Talent. Query and update personal information and data, at any time

to keep said information updated.

• Personnel Selection: treat personal information and data that has been provided to adequately

handle all processes related to Human Talent of the companies, as well as to send information

related to those process through the communication channels provided for that purpose, such

as: administration of available vacancies in The companies, information related to the selection

process, the hiring process, and/or any other type of information directly and indirectly related

to the fulfillment of the obligations derived from administration of Human Talent.

Verifying and checking the truthfulness of the information, personal and/or job references,



• Compliance with legal obligations: Compliance with legal obligations as an employer of

collaborators bound by a labor agreement before entities, such as but not limited to, social





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security, governmental such as Ministries, taxes, fiscal and legal aspects with government and

regulatory entities; Respond to legal procedures, make reports or respond to requirements from

various domestic and international control and surveillance authorities, policy and judicial

authorities, fraud identification and prevention of money laundering and other illicit activities;

Ethics Hotline. Allow access to personal data and information to auditors or third parties

contracted to perform internal or external audit procedures related to the commercial activity

we carry out.

• Security and Access Control: Security at the Companies’ facilities and access control.

• Benefits: Processing of reservation and pre-reservations using benefit tickets and enjoyment

of other benefits, such as sending communications related thereto.

5.3.5 Validity of treatment of information

Personal data provide by Candidates shall be stored for a term of one (1) year as of the date of last

Treatment, to be taken into consideration for future selection processes in which the candidate

participate. Personal data provide by Employees and by Beneficiaries who have been Employees at the

companies but have resigned or retired, shall be physically stored, in electronic means and other means

provided by the Companies for that purpose, during the term of the labor relationship with the

Companies and for the time deemed necessary to respond to legal and/or contractual obligations,

especially those in corporate policies, legal and/or contractual obligations and for the necessary time to

respond to applicable provisions and administrative, accounting, fiscal, legal and historic information

aspects, or in any case, pursuant to the provisions of the Law.

5.3.6 Legitimation for treatment of your data

In the case of Employees of the Companies and Related Third Parties, the legal fundamental grounds

that allows us to Treat this information is performance of the contract, from which the rights and

obligations of the parties are derived. There are also legal obligations (among others, contained in

current local labor regulations / statutes) that obligate us to perform certain treatment of data. For

example, the law requires affiliation of the comprehensive social security system of the corresponding

country where the services are rendered.

In some cases, treatment is performed with a legitimate corporate interest, such as access control to

the Companies’ facilities, as long as the interests or rights and freedoms of suppliers do not prevail.

Likewise, in some cases, we will seek express consent of Employees of the Companies to for certain

Treatments (vehicle leasing, Employee benefits, loans). IN the case of Candidates and Beneficiaries, the

legal grounds that legitimize Treatment of their data is consent. In any case, they will have the right to

withdraw their consent at any time, which we will duly inform upon provision thereof.

In order to carry out a labor agreement, as well as to fulfill certain legal requirements, indispensable

data must be collected. The Employee is under the obligation to provide certain personal data (true and

updated) legally required and necessary to execute the contract. If they are not provided, we will not

be able to manage and perfect the contractual relationship. Once contracting is carried out, he or she



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will be informed of which data is obligatory and which are not, so that failure to communicate that which

is mandatory will assume the impossibility of carrying out the contract.

5.3.7 Third Party and/or Recipients to whom your data will be disclosed

Information of our suppliers may be legitimately communicated to the following third parties:

• For management of a contractual relationship: To the companies of the group of our

Companies in the European Union: Aerovías del Continente Americano S.A. Avianca Tampa

Cargo S.A.S, Avianca Ecuador S.A., Taca International Airlines S.A., Líneas Aéreas

Costarricenses S.A. Lacsa, Trans American Airlines S.A., Aviateca S.A., Servicios Aéreos

Nacionales, Sociedad Anónima (SANSA), Isleña de Inversiones, S.A. de C.V.; suppliers of

security tools to process banking transactions, banking entities, insurers, our representatives or

agents, third parties with whom we contract storage and/or processing of personal information

and data for the proper performance of our Human Talent processes and procedures.

• To comply with legal obligations: National employment services, social security, mutual,

labor and tax authorities, administrative, legal, fiscal and/or regulatory authorities, security

forces and bodies and regulatory entities, when the law so requires.

• To manage the Ethics Hotline: Navex Global Inc., a company incorporated under the laws of

Delaware, USA, is in charge of Treatment of our Ethics Hotline. Likewise, in cases where the

corresponding interested parties so consent: To third-party collaborators of the Companies to

provide benefits to Employees / Beneficiaries, such as companies of the group of which our

Companies in the European Companies are a part of, associated airlines, LifeMiles, vehicle

leasing companies, private health insurance, restaurant voucher companies.

Many of our Companies of the Avianca Group are located outside the European Union and therefore

many of our dependents are too. It is possible that in some cases, recipients of the personal data and

information are located outside the European Union, only to comply with contractual obligations. If data

is transferred outside the European Economic Area, it shall be done pursuant to current regulations

(Regulation (EU) 2016/679 issued by the European Parliament and the Council, April 27, 2016, in

relation to Protection of Physical Persons regarding personal data treatment and free circulation of this

data and whereby Directive 95/46/CE is repealed – General Data Protection Regulations – as well as

national legislations of Member States in relation to his matter). In countries that do not have a decision

that adapts to the European Commission, Avianca has adopted the appropriate guarantees pursuant to

applicable regulations.

5.3.8 Types of Personal Data Treated

In the case of Beneficiaries that belong to the family group of Employees of the Companies and in

relation to Employees who provide data to Companies so that they may enjoy benefits, the data includes

that which is collected in the corresponding registration form known as “Beneficiary Documents”:

• Name (beneficiary)

• Identification document



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• Date of validity (date of entry of the Collaborator to the Company)

• Date of birth (beneficiary)

• Nationality

• Department

• Country

• Gender

• Relationship with the collaborator

5.3.9 What are your rights when you provide your data

We will eventually request our Employees and Candidates to review and update the information we have

about them. Likewise, Employees and Candidates may request any change to the information they

provided and to exercise their legal rights as Holders of personal data by contacting

[email protected]

Our Employees and Candidates have the rights to obtain confirmation of whether or not their personal

data is being treated.

Likewise, they have the right to access their personal data, as well as to request rectification of

inaccurate data or, in any case, to request its suppression when, among other reasons, data is no longer

necessary for the purpose for which it was collected.

In certain cases, our Employees and Candidates may request to limit treatment of their data, in which

case, except for its preservation, we will only treat it to formulate, exercise or defend claims and other

motives set forth in applicable legislation.

In certain circumstances and for reasons related to your specific situation, our Employees and

Candidates may oppose data treatment. We will stop treating your data, except tor imperious legitimate

purposes, or to formulate, exercise or defend possible claims.

To do so, they must submit their written request, attaching a document that certifies their identity, to

the email address [email protected] or by physical mail to the address of the person responsible

for treatment for who they work or to who they have requested a position:


Avianca Sucursal en España

Registration No.: NIF A4801001A

Postal Address: C/ Castelló, nº 23 – 4º

Izquierda Madrid (España)


Avianca UK Branch

Postal Address: 36 Kennington Road,

Lambeth, London (United Kingdom)

If you wish to obtain more information regarding your rights, if you are not satisfied with the exercise

of your rights and/or if you wish to present a claim, you must do so by addressing the data protection

control authority (Agencia Española de Protección de Datos). Contact information available at:

http://www.agpd.es/portalwebAGPD/CanalDelCiudadano/contacteciudadano/index-ides-idphp.php.



http://www.agpd.es/portalwebAGPD/CanalDelCiudadano/contacteciudadano/index-ides-idphp.php



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5.3.10 Ethics Hotline

We have made an Ethics Line available to our collaborators, suppliers, related third parties, shareholders, travelers, clients, users and the general public, to submit claims or queries related to the enforcement of the Ethics Code and Business Conduct, the Anti-bribery Policy and other corporate policies adopted by Avianca. We have contracted the Ethics Line with Navex Global, Inc., who has

provided a web portal http://aviancaholdings.ethicspoint.com and various phone lines for its

operation. For the purpose of legal obligations derived from the personal data protection and privacy regulations

as it is collected through the Ethics Hotline, Navex Global Inc., acts as a Responsible Person in Charge

of Treatment and will treat said information on behalf of the integrated Companies, who will jointly be

Responsible parties. Avianca Holdings S.A. will not directly treat collected personal data. Treatment shall

be performed by its integrated Companies, 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.

5.3.11 Changes to the Privacy Policy

The Companies 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.

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.

5.3.12 Validity

This General Privacy Policy shall enter into force on the day it is published. The last published revision

is dated May 25, 2018.

5.4 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 29733 and Supreme Decree 003-2013-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:

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• 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.

The procedures to exercise your rights are the following:

• 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.

• 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



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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): 2136060


5.5 Canada Annex

Regarding information and personal data treated in Canada, the procedures to exercise the rights of

holders of such information will be the ones set out by the Personal Information Protection and Electronic

Documents Act, also known as PIPEDA or the Act, which constitutes a federal statute for the

establishment of rules governing collection, use and distribution of personal information in Canada. This

Act applies to Canadian territory, except for the provinces of British Columbia, Alberta and Quebec, since

such provinces are exempt from the application of this statute since they have their own local

regulations, which are substantially similar to the provisions of PIPEDA.

PIPEDA orders all organizations to collect, use and distribute personal information for purposes that are

reasonable and appropriate to the circumstances. In addition, PIPEDA sets out a list of 10 principles

with which every private organization must comply when collecting, using or distributing personal

information of any traveler, client or user, which can be seen at PIPEDA.

If requested any contact electronic address, Users may reject the option to receive any kind of

information related to the services of the AIRLINES and may, at any time, unsubscribe from the

information services in which they have signed up.

Owners of personal data and information may exercise their rights by sending a request, complaint or

claim to [email protected], which will be processed in accordance with the terms set out by this

Privacy Policy and any other applicable law.

5.6 United States Annex

The Department of Transportation of the United States of America (hereinafter DOT) states that THE

AIRLINES shall adequately report the collection, use and disclosure of personal data and information of

Travelers, Clients or Users.

Although there is no federal statute that specifically regulates the Treatment of personal data and

information in this country, the DOT may investigate and prevent any practice related to trading air

transport services, which also covers the Treatment of the personal data and information of our

Travelers, customers or Users.

The AIRLINES commit to comply the Children's Online Privacy Protection Act in the United States of

America (also known as COPPA).

The COPPA Act regulates the protection of the privacy of children in the United States and authorizes

the DOT to investigate any online use of the personal data and information of those under 13.


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In the event that a person under 13 provides personal data and information without their parents or

guardians’ consent, they may contact the AIRLINES through [email protected], in which case

the AIRLINES will process the request, complaint or claim under the terms set out by this Policy and the

provisions set out by applicable laws.

Additionally, and as applicable, you can check our Privacy and Data Protection Policies:

• If you are a supplier of one of THE AIRLINES and wish to check the privacy conditions that apply

to your personal data and information, please check the Privacy Policy for Suppliers.

• If you are an active employee, retired employee, related third party, beneficiary or candidate to

a position with THE AIRLINES and you wish to check the privacy conditions that apply to your

personal data and information, please check our Privacy Policy for Collaborators.

• If you are a shareholder of Avianca S.A. and you wish to check the privacy conditions that apply

to your personal data and information, please check our Privacy Policy of Aerovias el Continente

Americano S.A. for Personal Data Protection of Shareholders and Investors.

• If you are a shareholder of Avianca Holdings S.A. and you wish to check the privacy conditions

that apply to your personal data and information, please Privacy Policy of Avianca Holdings S.A.

for Personal Data Protection of Shareholders and Investors.

If you have a hearing and/or speech disability and you require personalized service, please call our toll-

free line (1 866) 998-3357 or write to us at [email protected]. Remember that you can request

special services for persons with disabilities during our online purchase process.

