Your rights

You may have certain legal rights regarding your personal information depending upon the country you are in or how we interact with you. You can learn more about this in this section.

Please note that applicability of data privacy law of one country does not automatically exclude the applicability of another. Hence, you may have the rights based on applicable laws of different countries.

Subject to the terms of this Privacy Statement we guarantee that you have following key rights wherever you are:

• To access your personal information. We will tell you what personal information we hold about you and can provide you with a copy of this;
• To seek rectification of that personal information. Where the personal information we hold about you is inaccurate we will rectify this, upon your request. Note that this right may be limited in terms of the scope of detail that we will or can rectify;
• To lodge a complaint to us. We will receive and handle your complaints in accordance with best practice and depending upon where you are and whether we are subject to it, any applicable law.

If you are natural person within the territory of the People’s Republic of China which are using our services or otherwise benefit from rights as a individual under PIPL you will have certain additional rights in relation to our handling of your personal information such as:

• right to consult, duplicate and transfer your personal information;
• to erase personal information;
• to request from us to interpret the personal information processing rules;
• to make decision regarding your personal information;
• to withdraw provided consent to data processing.

Right to consult, duplicate and transfer your personal information

You have right to consult and duplicate your personal information handled by us, except under circumstances set in PIPL.

In case you request consultation or duplication of your personal information, we will provide you with such information in timely manner.

In case you request transfer of your personal information to a designated personal information processor, which meets the requirements of national cyberspace department for transferring personal information, we will provide you with means for such transfer.

Right to erase personal information

You can request that we erase your personal information in limited circumstances where:

• the purposes of processing have been achieved or cannot be achieved, or such information is no longer necessary for achieving the purposes of processing;
• we cease to provide our services or the storage period has expired;
• you withdraw your consent;
• in case by processing your personal information we violating the laws, administrative regulations, or agreements;
• in other cases as provided by laws and administrative regulations

Where the storage period provided by any law or administrative regulation has not expired, or it is difficult to erase personal information technically, we shall cease the processing of personal information other than storing and take necessary security protection measures for such information.

Right to request to interpret the personal information processing rules

Should you have any concerns or misunderstandings related to this Privacy Statement, applicability or articles of our data protection policies related to processing of your personal information by us, you have right to request interpretation of such policies.

Right to make decision regarding your personal information

Where a decision that may have a significant impact on your rights and interests is made through automated decision making, you have the right to request clarification from us and the right to refuse us making the decision only through automated decision making.

Right to withdraw provided consent to data processing

Where personal information is processed by us based on your consent, you have the right to withdraw your consent.

Such withdrawal of consent shall not affect the validity of the processing activities conducted based on consent.

If you are resident in the European Union or Republic of Serbia or otherwise benefit from rights as a data subject under the EU General Data Protection Regulation ("GDPR") or RS Personal data protection law, you will have certain additional rights in relation to our handling of your personal information.

• Right to access personal information;
• To erase personal information;
• To restrict the processing of your personal information;
• To transfer your personal information;
• To object to the processing of personal information;
• To object to how we use your personal information for direct marketing purposes;
• To obtain a copy of personal information safeguards used for transfers outside your jurisdiction;
• To lodge a complaint with your local supervisory authority.

A further explanation of these general key rights and the GDPR and/or RS Personal data protection law specific rights is outlined under each heading. Please click on these for further details.

You may have other rights depending upon the country you are in. You may therefore have rights to lodge a complaint to a local privacy authority, however whether you lodge a complaint and who you lodge it with is solely your responsibility.

If you wish to access any of these rights, we may ask you for additional information to confirm your identity and for security purposes, in particular before disclosing personal information to you. We reserve the right to refuse to provide this additional information if your request is manifestly unfounded or excessive.

You can exercise your rights by contacting us. Subject to legal and other permissible considerations, we will make every reasonable effort to honour your request promptly or inform you if we require further information in order to fulfil your request.

We may not always be able to address your request fully, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

Right to access personal information

You have a right to request that we provide you with a copy of your personal information that we hold and you have the right to be informed of; (a) the source of your personal information; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your personal information may be transferred.

Right to rectify or erase personal information

You have a right to request that we rectify inaccurate personal information. We may seek to verify the accuracy of the personal information before rectifying it.
You can also request that we erase your personal information in limited circumstances where:

• it is no longer needed for the purposes for which it was collected; or
• you have withdrawn your consent (where the data processing was based on consent); or
• following a successful exercise of the right to object; or
• it has been processed unlawfully; or
• to comply with a legal obligation to which Air SERBIA is subject.

We are not required to comply with your request to erase personal information if the processing of your personal information is necessary:

• for compliance with a legal obligation; or
• for the establishment, exercise or defence of legal claims.

Right to restrict the processing of your personal information

You can ask us to restrict your personal information, but only where:

• its accuracy is contested, to allow us to verify its accuracy; or
• the processing is unlawful, but you do not want it erased; or
• it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise or defend legal claims; or
• you have exercised the right to object, and verification of overriding grounds is pending.

We can continue to use your personal information following a request for restriction, where:

• we have your consent; or
• to establish, exercise or defend legal claims; or
• to protect the rights of another natural or legal person.

Right to transfer your personal information

You can ask us to provide your personal information to you in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller, but in each case only where:

• the processing is based on your consent or on the performance of a contract with you; and
• the processing is carried out by automated means.

Right to object to the processing of your personal information

You can object to any processing of your personal information which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests.

If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.

Right to object to how we use your personal information for direct marketing purposes

You can request that we change the manner in which we contact you for marketing purposes.

You can request that we not transfer your personal information to unaffiliated third parties for the purposes of direct marketing or any other purposes.

Right to obtain a copy of personal information safeguards used for transfers outside your jurisdiction

You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside of the European Union or Republic of Serbia. We may redact data transfer agreements to protect commercial terms.

Right to lodge a complaint with your local supervisory authority

You have a right to lodge a complaint with your local supervisory authority (if you are data subject under GDPR) or Serbian supervisory authority (if you are data subject under RS Personal data protection law) if you have concerns about how we are processing your personal information.

We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.

If you are natural person within the territory of the People’s Republic of China which are using our services or otherwise benefit from rights as a individual under PIPL, you may have right to lodge a complaint with your local department with personal information protection duties which is in charge of receiving and handling compliance and reports related to personal information protection.