Consent to receive advertising and informational messages Joint Stock Company “Smartavia Airlines”
This document (hereinafter referred to as the Consent) regulates the relationship between Joint Stock Company “Smartavia Airlines” (hereinafter referred to as the Contractor) and the person who has accepted this Consent (hereinafter referred to as the User) regarding the sending of advertising and informational messages.
This Consent is given by the User in accordance with the requirements of Article 18 of Federal Law No. 38-FZ dated March 13, 2006 "On Advertising" and is explicit, voluntary, specific, informed, and unambiguous.
Terms and Definitions
Contractor — Joint Stock Company “Smartavia Airlines”, INN 2901126323, PSRN 1042900018908. Legal address: Russian Federation, 163053, Arkhangelskaya region, Arkhangelsk, settlement Talazhskiy airport, Airport Arkhangelsk street.
User — any person who has accepted this Consent.
Consent — this document.
Communication Channels — means of communication through which the Contractor may send Messages, including but not limited to: the phone number provided by the User, email address, social media and messenger accounts.
Website — the Contractor's website on the Internet at www.flysmartavia.com.
Mobile Application — the Contractor's software installed on the User's mobile device and intended for accessing the Contractor's services.
Messages — advertising and informational messages aimed at attracting the attention of Users to the goods, works, and/or services of the Contractor and/or its partners, generating or maintaining interest in them and promoting them on the market, including, but not limited to: information about promotions, discounts, special offers, company news, new products and services, as well as messages about booking status, schedule changes, reminders about upcoming flights, and other technological information related to transportation.
Newsletter — the Contractor's activity of sending Messages to the User using Communication Channels.
Partners — any third parties with whom the Contractor has contractual relations within the framework of marketing, advertising or other commercial activities, the list of which may be provided to the User upon his written request.
1. General Provisions
1.1. This Consent regulates the procedure for the Contractor to send advertising and informational Messages to the User.
1.2. The User's Consent to receive advertising Messages is specific, informed, and conscious. The User confirms that he understands: advertising messages may contain information about goods, works, services of the Contractor and its partners, as well as about promotions, discounts, special offers and other marketing events.
1.3. Informational Messages (technological information related to transportation) may be sent to the User in any case during the execution of the transportation contract, however, this Consent regarding informational Messages confirms the User's desire to receive them in addition to the mandatory notifications provided for by law.
2. Procedure for agreeing to the terms of the Consent
2.1. By agreeing to the terms of this Consent, the User confirms that he is acting freely, of his own will, in his own interest and has reached the age sufficient to give such consent in accordance with the legislation of the Russian Federation.
2.2. The User's voluntary, conscious and independent actions expressing full and unconditional acceptance and agreement of the User with all terms of the Consent are confirmed by one of the following methods:
- 2.2.1. The User placing a checkmark in the checkbox "I agree to receive selections of cheap tickets, special offers and advertising messages" when booking a flight and additional services on the Website or in the Mobile Application.
- 2.2.2. The User placing a checkmark in the checkbox "I agree to receive advertising and to the processing of personal data" when registering the User in the personal account;
- 2.2.3. The User clicking the "Subscribe" button in the subscription form wherever it appears on the Website, in the Mobile Application, followed by the Contractor receiving confirmation of the User's consent to receive Messages via the User's email (two-step verification). Subscription is considered completed only after the User follows the confirmation link sent in a separate email.
2.3. The User confirms that he has familiarized himself with the terms set out in the Consent, fully understands their content, and they are clear to him.
2.4. The User confirms that the personal data provided by him is accurate, complete, and up-to-date at the time of its provision, and undertakes to promptly notify the Contractor of any changes.
2.5. The User gives consent to receive Messages by the following methods: by email, SMS, push notifications, on social networks and messengers (including, but not limited to: VK, MAX, Telegram, WhatsApp, Viber, Odnoklassniki), as well as by other means not directly prohibited by the legislation of the Russian Federation.
3. Procedure for carrying out the Newsletter
3.1. The Contractor carries out the Newsletter periodically via Communication Channels.
3.2. The frequency and timing of the Newsletter are determined by the Contractor independently, but no more often than reasonably necessary to achieve the goals of the Newsletter.
3.3. For the purpose of carrying out the Newsletter, the Contractor has the right to engage third parties (newsletter operators, marketing partners, advertising agents). The transfer of the User's contact data to such third parties is carried out only on the basis of contracts that provide for the obligation to ensure the confidentiality and security of personal data in accordance with Federal Law No. 152-FZ dated July 27, 2006 "On Personal Data".
3.4. The User hereby gives specific and informed consent to receive advertising Messages both from the Contractor itself and from its Partners. At the same time, the Contractor is responsible for the actions of engaged Partners within the framework of sending advertising Messages within the limits established by the legislation of the Russian Federation.
4. Personal Data
4.1. The Contractor processes the User's personal data in accordance with clause 5, part 1, article 6 of Federal Law No. 152-FZ dated July 27, 2006 "On Personal Data" for the following purposes:
- 4.1.1. Execution (implementation) of this Consent;
- 4.1.2. Carrying out the Newsletter of advertising and informational Messages;
- 4.1.3. Analyzing User preferences to personalize the Newsletter;
- 4.1.4. Statistical and other research to improve the quality of the Newsletter.
4.2. To achieve the purposes specified in clause 4.1 of this Consent, the Contractor processes the following personal data of Users:
- 4.2.1. Last name, first name, patronymic (if any);
- 4.2.2. Gender;
- 4.2.3. Date of birth;
- 4.2.4. Booking code (PNR);
- 4.2.5. Contact information (email address, phone number, identifiers on social networks and messengers);
- 4.2.6. Point of departure, point of destination, travel date, flight duration, flight frequency and other order information;
- 4.2.7. History of placing and changing orders;
- 4.2.8. History of interaction with the Newsletter (opens, link clicks, clicks);
- 4.2.9. Smartavia subscription;
- 4.2.10. IP address, data about the User's browser and device when interacting with the Newsletter.
4.3. In order to carry out the Newsletter, the Contractor has the right to entrust the processing of the User's personal data to third parties with whom the Contractor has concluded relevant agreements. The engagement of third parties for the processing of personal data may be carried out provided that such parties ensure the confidentiality and security of personal data during their processing in accordance with the requirements of the legislation of the Russian Federation.
4.4. The Contractor processes the User's personal data from the moment of his consent to this Consent until the date of refusal to receive Messages (unsubscribe). After refusal, the Contractor stops processing personal data for the purpose of carrying out the Newsletter, but may continue processing the User's personal data for other purposes provided for by the legislation of the Russian Federation (including for the execution of the transportation contract, mandatory notifications provided for by law, etc.).
4.5. The Contractor processes personal data in accordance with the Privacy Policy posted on the Internet at: https://flysmartavia.com/en/policy/. By agreeing to this Consent, the User confirms that he has reviewed the Contractor's Privacy Policy and fully agrees with its terms.
5. Procedure for refusing to receive messages (unsubscribe)
5.1. The User has the right to refuse to receive Messages (unsubscribe) in whole or in part at any time.
5.2. Refusal is carried out in one of the following ways:
- 5.2.1. By clicking on the special link "Unsubscribe" or "Refuse newsletter", which is contained in every advertising and informational Message sent to the User by email or as push notifications. The refusal is considered received from the moment of clicking the link, and the newsletter is terminated within no more than 3 (three) business days from the date of receipt of the refusal.
- 5.2.2. Additionally, the User can disable push notifications independently through the settings of the browser used.
- 5.2.3. By sending a corresponding request to the Contractor's email address feedback@flysmartavia.com. The request must include the User's last name, first name, patronymic, email address or phone number to which the Newsletter is sent, as well as the method of receiving messages to be excluded from the Newsletter (if the User does not want to unsubscribe completely). The Contractor undertakes to process such a request within no more than 5 (five) business days.
- 5.2.4. By independently changing the subscription settings for Newsletters in the User's personal account on the Website or in the Mobile Application.
5.3. After receiving a refusal, the Contractor stops sending Messages to the User in the relevant part. Re-sending of Messages is possible only after receiving new explicit consent from the User.
6. Liability
6.1. The Contractor is responsible for compliance with the requirements of the legislation of the Russian Federation on advertising and personal data when carrying out the Newsletter.
6.2. The User is responsible for the accuracy of the contact information provided by him. The Contractor is not responsible for sending Messages to contact information provided by third parties without the User's consent, if the Contractor was in good faith mistaken about their belonging to the User.
7. Amendment of Consent
7.1. This Consent comes into force from the date of its posting on the Website and is valid until the User refuses to receive Messages in accordance with the procedure provided for in Section 5 of this Consent.
7.2. The Consent may be amended and/or canceled by the Contractor at any time. The current version of the Consent is always available on the Contractor's Website at: https://flysmartavia.com/en/newsletter_agreement/.
7.3. The User's continued receipt of Messages after the amendment of the Consent means the User's consent to such changes. In case of disagreement with the changes, the User is obliged to refuse to receive Messages in accordance with the procedure provided for in Section 5 of this Consent.
8. Final Provisions
8.1. This Consent is governed by and construed in accordance with the laws of the Russian Federation.
8.2. All disputes and disagreements arising from or in connection with this Consent shall be resolved through a claims procedure. The period for consideration of a claim is 30 (ten) business days. If an agreement is not reached, the dispute shall be submitted for consideration to the court at the location of the Contractor in accordance with the legislation of the Russian Federation.
8.3. The invalidity of any provision of this Consent shall not entail the invalidity of the remaining provisions.
8.4. In all respects not regulated by this Consent, the parties shall be guided by the current legislation of the Russian Federation.
