The LATAM Pass Program (“Program”), developed by TAM LINHAS AÉREAS S.A. (“LATAM”), registered with the CNPJ under number 02.012.862/0001-60, and PRISMAH FIDELIDADE LTDA. (“PRISMAH”), registered with the CNPJ under number 16.549.589/0001-11, encourages the use of LATAM air transport services by the Customer, in addition to allowing the Customer to obtain benefits by also using it in the consumption of products and/or services offered by companies linked to the Program (hereinafter “Partners”), as described in this “Terms and Conditions”.
LATAM and PRISMAH jointly manage the Loyalty Program, with LATAM centralizing the management of (i) accrual operations in all segments offered by the Program and (ii) redemption of airline tickets at LATAM and partner companies; and PRISMAH shall be responsible for (i) administering redemption rights and (ii) the exchange of Points for other products and services provided under the Program to its Customers.
1.1 Registration in the Program. To join the Program, the Customer must register on the website www.latampass.com (“Site”) or by other means disclosed by LATAM. Only one registration per Customer is allowed.
1.2 Customer Adhesion. Any individual over 2 (two) years of age who has registered (“Customer”) may join the Program, upon full and unrestricted acceptance of the Terms and Conditions of the Program. If the Customer is partially incapacitated (over 16 years old and under 18 years old) or completely incapacitated (under 16 years old), his adhesion will be by his parents or legal guardian. The parent or legal guardian will be liable for a minor’s actions as a member of the Program, including unlawful conduct in accordance with applicable law.
1.3 Customer Number. The Customer number in the Program will be his or her CPF. For Customers who do not have CPF, a 12 (twelve) digit number will be created at the time of registration.
1.4 Customer Information. The Customer is responsible for acknowledging and accepting the Terms and Conditions and for the information provided to LATAM, and must keep all registration information updated and complete, under penalty of not enjoying the benefits of the Program. LATAM shall not, under any circumstances, be liable for any damages or loss resulting from incorrect information presented by the Customer.
1.5 Customer’s Country of Residence. In countries where the Program operates, the Terms and Conditions may differ in accordance with local law requirements. The Customer must register with the Program of their country of residence at the time of registration or in the event of a change of address, and the Customer is responsible for updating their country of residence in the Program registration.
1.6 Change of Country of Residence. The country of residence may be changed provided that an interval of 06 (six) months between such change requests is observed and upon presentation of supporting documents. The change in the country of residence will result in the transfer of the Customer's registration to the new country of residence, and upon such, the Customer fully and unconditionally accepts the specific Program Terms and Conditions of the new country of residence. Depending on the country of residence, the designation “points” or “miles” and other rules of the local program shall be adopted.
1.7 Creation and Change to Password. At the time of registration, the Customer will be asked to create a password, in accordance with LATAM’s security rules. A new password may be created at any time by the Customer.
1.8 Customer Personal Use Information. The login information, password and LATAM Pass number are personal, non-transferable and exclusive personal use of the Customer, and shall be required to keep them strictly confidential, not disclosing , providing or sharing them, by any means or form. In the event that the Customer provides their personal use information to any third party, the use or misuse of such information shall be their responsibility, which includes liability for losses caused by misuse by third parties, releasing LATAM from any improper use.
1.9 Acceptance of Terms and Conditions. Prior to joining, the interested party must read the Terms and Conditions fully and, afterwards, shall confirm their free, express and voluntary acceptance of the provisions of the Program. In the event of any disagreement, in whole or in part, with the Terms and Conditions, the Customer shall not register with LATAM or shall cease to participate in the Program.
1.10 Acceptance Records. For purposes of demonstrating the validity of the Terms and Conditions of the Customer, LATAM may store acceptance records at its sole discretion and during the period of the relationship with the Program and other transactions performed.
1.11 My Account. The “My Account” environment brings together all information on the Customer, including registration information, balance and points statements, expiration date of points, products and promotions available. It is the Customer’s responsibility to refer to them on the Site.
1.12 Program Benefits. Customers can also earn and/or redeem LATAM Pass points with Program Partners, by the use of air transportation, financial institutions, gas stations, retail, hospitality, tourism and entertainment services, among others, as disclosed on the Site.
1.13 Assignment of Points Prohibited. The Points earned by Customers are personal and non-transferable, and it is expressly forbidden for them to be assigned to third parties, in any way, except when purchasing specific products to transfer LATAM Pass Points. In the event of the Customer's death, their account, existing points balance and any Award Tickets issued in the event of a change will be terminated.
1.14 Cancellation and Amendments to the Regulations. LATAM may cancel or change the Program and its Terms and Conditions, upon prior notice of 90 (ninety) days, including partnership agreements in the airline sector and new ways to redeem Award Tickets.
1.15 Cancellation of Registration. The Customer may request the cancellation of their registration, through LATAM authorized channels. By requesting cancellation of their registration, the Customer agrees that their points balance will be canceled, with no refund, indemnity or any claim against LATAM whatsoever.
1.16 Suspension and Exclusion of Registration. All Customers who violate the Terms and Conditions and/or applicable law, and use bad faith, fraud or deception in the earning of points and/or redemption of benefits, shall be suspended and/or excluded from the Program in addition to bearing related civil and criminal responsibilities.
1.17 Cases of Infringement. Because it is not possible to list all possible cases of infringement of the Terms and Conditions and acts of bad faith, fraud or deception in the Program, the examples below are merely illustrative:
(a) illegal practices or those contrary to the Terms and Conditions;
(b) irregular, inadequate or suspicious use and/or conduct that contributes to fraud and/or misuse in earning points or redeeming benefits;
(c) redeeming of benefits of the program in favor of 25 (twenty-five) or more different third parties, of any kind, in each period of 12 (twelve) months;
(d) negotiation with third parties on any form of purchase and sale of Award Tickets;
(e) providing false or inaccurate information to carry out the Program transactions;
(f) providing LATAM Pass number and Program password to third parties; and
(g) other cases not listed in this item, but identified by LATAM as irregular and contrary to the operation of the Program.
1.17.1 In the cases listed above, among other irregularities, LATAM may suspend the Customer for a period of 06 (six) months or, depending on the severity of the situation, exclude them from the Program. In the event of recurrence of any of the above, the Customer may be permanently excluded from the Program. The penalty shall be applied to both the Customer who performed any of the above acts and the Customer who assisted or contributed to the practice in violation of the Terms and Conditions.
1.17.2 During the Customer's suspension period in the Program, the earned points shall expire on a regular basis, with the expiration of the Points on the due date, according to the amount of time from the original Accrual date.
1.17.3 Exclusion is a definitive penalty, which irreversibly results in losing all Program-related rights, including Program category benefits, such as preferred boarding, additional baggage, cabin upgrades, VIP lounge access and seat reservation without charge, among other advantages and also results in the cancellation of the points balance, regardless of the adoption of appropriate legal measures.
1.18 Cancellation of Points due to Irregularities. LATAM reserves, at its discretion, the right to cancel the points obtained for airline tickets and purchases that are deemed irregular, as well as to suspend redemption of the points of Customers in default or any other type of irregularity with the Program and the Partners.
1.19 Customer’s Responsibility. In the event of damages or loss to LATAM and third parties, the Customer shall be obliged to compensate for the damages incurred, in addition to the penalties provided for in the Terms and Conditions and applicable law.
1.20 Impossibility, Inalienability and Inability to Convert to Cash. Under no circumstance shall earned points be fully or partially converted into cash, either as credit to an account or as a cash withdrawal, which shall be untenable and inalienable.
2.1. Earning LATAM Pass Points and Qualifying Points. The points obtained by Customers shall be added to My Account, in accordance with the Program rules and registered Partners provided on the Site.
2.2. LATAM Pass Points. LATAM Pass points may be earned by the Customer who is duly registered and who has joined the Program, as follows: (i) on LATAM and partners flights; (ii) by the purchase of the LATAM Pass Club; (iii) by the purchase of products and/or services from Program Partners; (iv) by the purchase of facility products such as LATAM Pass Purchase, Renewal and Transfer of Points and others available on the Site; and (v) by the purchase of LATAM Travel products and services; all in accordance with the rules in effect at the time of purchase.
2.3. Qualifying Points and Qualifying Segments to Define a LATAM Pass Category. The Customer will earn Qualifying Points and Qualifying Segments to be eligible for various categories of the Program, in accordance with the fare paid and the route flown, within one (1) calendar year, that is, from January 1 to December 31, according to the rules applicable at the time the air ticket is purchased. LATAM Pass Elite eligibility criteria for will be disclosed on the Site.
2.4. Holder of LATAM Pass Points and Qualifying Points. LATAM Pass Points and Qualifying Points are non-transferable and personal, and are assigned solely (i) to Customers who take the trip and enter their LATAM Pass number; and (ii) Customers who comply with the rules of the various Partners, as disclosed on the Site. In the case of air transportation, the Program will not benefit the party paying for the air ticket, but the passenger.
2.5. Points earned with Partner Airlines. When flying with partners airlines, Customers may also earn Qualifying Points and LATAM Pass Points, provided the Customer informs the partner airline of their LATAM Pass number, in accordance with each airline's rules. The Customer may earn LATAM Pass Points to redeem for awards and Qualifying Points to reach the Elite categories of the Program. Similarly, this rule also applies to Customers flying LATAM who choose to earn points with partner airlines. Rules on earning points and qualifying for redemption of partners airlines may have their own qualification standards.
2.6. Non-Eligibility of Points Earned. LATAM Pass Points Earned and Qualifying Points will not be eligible for segments of flights made with Award Tickets or Points + Cash, with promotional or reduced fare, on non-regular or free routes, by airlines without a partnership agreement, the payment of any airport taxes and fees, or of any other nature, fines and penalties, as well as additional services such as luggage, LATAM + seats, among others.
2.7. LATAM Pass Points Earned Rules. The number of LATAM Pass Points earned will be calculated according to the fare paid and the route flown by the Customer. LATAM Pass point earning factors will be determined by the country of residence and Customer category. For purchases made in other currencies, the amounts will be converted to American dollars, and points will be calculated according to the value of the fare paid. U.S. dollar conversion will be made according to the official IATA exchange rate on the day of purchase. The information will be updated on the Site.
2.8. Rules for Earning Qualifying Points on Domestic Flights. For domestic flights, the amount of Qualifying Points to be earned will be awarded based on the amount of the fare paid and the portion flown by the Customer, with the Qualifying Points earning factor (i) in Brazil at 2.5 Qualifying Points per Brazilian real paid; (ii) in Colombia, 12 Qualifying Points per US dollar paid; and (iii) in other countries 9 Qualifying Points per US dollar paid.
2.9. Rules for Earning Qualifying Points on International Flights. For international flights, the amount of Qualifying Points to be earned will be awarded based on the amount of the fare paid and the portion flown by the Customer, with the Qualifying Points accrual factor of 6 Qualifying Points per US dollar paid.
2.10. Deadline for Receiving LATAM Pass and Qualifying Points on LATAM flights. LATAM Flight points will be posted to the Customer's Account no later than 7 (seven) business days from the date of the flight, provided the Customer has entered their LATAM Pass number upon booking, purchase or check-in. The established deadline may be extended so that LATAM can perform proper validations.
2.11. Deadline for Receiving LATAM Pass Points for non-air routes. LATAM Pass Points earned by the Customer will be credited to the Customer within 60 (sixty) calendar days as per the information provided by the Partner. In the event of missing or disagreement of the credit amount of LATAM Pass Points, the Customer shall contact the Partner. LATAM is not responsible for incorrect information provided by its Partners.
2.12. Requesting Points. To request LATAM Pass Points and Qualifying Points for flights taken, the Customer must keep a copy of the airline ticket and their boarding pass. These documents must be presented in case of a complaint. If the points have not been credited to the Program or there are divergences, the Customer may submit a new request to LATAM, within a maximum of 365 (three hundred and sixty-five) days from the date of the flight. Some partners may set shorter deadlines, according to the information on the Site. After the deadline has passed without any request being made, the Customer will lose their rights to LATAM Pass Points and Qualifying Points.
2.13. Availability of Points. Points for flights and other Partner purchases will be available for use on a single Customer account.
2.14. Program Partner Transfer Fee. Partners may charge fees for transferring points to the Program, releasing LATAM from any direct or indirect, subsidiary or joint responsibility for charging them from Customers.
2.15. Cancellation of LATAM Pass Points and Qualifying Points. LATAM may cancel LATAM Pass Points and Qualifying Points Earned upon request of the Partner or if the flight was found to be ineligible, not flown or if there was an irregular credit.
3.1. Redemption of LATAM Pass Points. LATAM Pass Points earned by the Customer may be redeemed for: (i) the issuance of Award Tickets for LATAM flights, and Partner flights, with or without additional cash payment; (ii) payment of administrative fees related to the redemption of Premium Tickets, when offered by LATAM; and (iv) products and/or services offered by Program Partners.
3.2. Points for Redemption. The number of LATAM Pass Points required to redeem benefits may vary depending on the availability of products and/or services, promotional campaigns and other variables of LATAM, Partner airlines and other Partners. Qualifying Points earned by the Customer will be credited to the Customer's account for consideration, but will not be valid for award redemption or for the LATAM Pass point balance.
3.3. Redemption Password. Points will be redeemed by using a non-transferable personal password registered by the Customer, which may be changed at any time by the Customer. Points will be redeemed by using the necessary points to issue awards, according to the rules of the Program.
3.4. Responsibility for Safeguarding the Password. LATAM will not be liable for improper use of the LATAM Pass number and/or password, including, but not limited to loss, robbery, theft or misplacement by any means or method. The improper use of access data will be the Customer’s exclusive responsibility, including the responsibility for loss resulting from improper use by third parties, releasing LATAM from any responsibility for such acts.
3.5. Authorization Code. At the time of redemption, an authorization code may also be requested, to be sent to the Customer’s telephone number shown in their registration. The Customer agrees to keep their contact phone numbers, address, including country of residence, and email up to date, as well as to keep the authorization code received secret, not to divulge, supply or share it by any means or form.
3.6. Validity of LATAM Pass Points. LATAM Pass Points will be valid for Redemption for a period of 02 (two) years from the date of flight or posting the Points into the Customer's Account, and will always be charged from the earliest posted date to the most recent date. The post date will correspond to the date on which the Customer obtained the right to LATAM Pass Points Earned, which will be credited according to the Partner's processing deadline.
3.6.1 For certain products and/or promotional campaigns, LATAM may, at its sole discretion, change the expiration date of the LATAM Pass Points provided above, and such exceptions shall always be communicated to the Customer in advance in the respective Terms and Conditions of such products and/or promotional campaigns.
3.7. Redemption of an Award Ticket: An Award Ticket can be purchased on our website, at our onsite locations and other channels as provided by LATAM. Tickets are subject to availability. As of July 1st, 2020, a booking fee will be charged to the customer; the fee may vary depending 1) on the point of departure and destination chosen by the customer and 2) on how far in advance the purchase is made. The fee rates can be found at www.latampass.com. The booking fee is additional to other possible existing fees that may be charged in our onsite locations.
3.7.1 All LATAM operated destinations will be available for redemption with 365 (three hundred sixty-five) days prior to the flight date. For destinations operated by partner airlines, their own rules shall apply.
3.7.2 The points required for Award Ticket redemption may vary due to various factors such as: sections, number of connections available on the chosen section, flights, dates, advance redemption, aircrafts, service classes, fares, low and high season, sales channels that may be chosen by the Customer, among others. The Customer may inquire in advance on the communication channels provided by LATAM.
3.7.3 Award Tickets will be issued by debiting LATAM Pass Points, as well as the payment of airport fees, taxes and other services charged by LATAM or partner airline. The Customer is responsible for verifying that the issuance of the Award Ticket has been properly completed with the correct debiting of LATAM Pass Points, as well as the payment of applicable fees and/or services.
3.7.4 At the time of issuance of the Award Ticket, the Customer must carefully observe all criteria and data for the correct issuance, such as personal information, name, among others. All additional services such as baggage allowance, cancellation policies, Latam+ seating, among others will be properly communicated at the time of issuance of the Award Ticket on the Site.
3.7.5 Different fare types will be presented for the Award Ticket redemption as provided on the Site and other LATAM channels. The required points for an Award Ticket will be posted on the Site and may change without notice. Redeemed points will not be refundable in cash.
3.7.6 All rules for the issuance, amendment and cancellation of Award Tickets on behalf of the Customer are valid and applicable in the case of the issuance of Award Tickets by the Customer for third parties.
3.7.7 For redemption of points on flights operated by LATAM or partner airlines, the Customer may issue either a one-way fare or round trip, subject to seat availability and local rules.
3.7.8 During the validity period of the Award Ticket, the Customer may request the following: (i) the replacement of the flight and date, upon payment of an applicable administrative fee, to be paid by the Customer when the new Award Ticket is issued, and the LATAM Pass Points to be reused must be valid for 2 (two) years; and (ii) the cancellation of the valid and unused Award Ticket, with refund of the respective points, provided that it is valid for 2 (two) years, less the applicable administrative fee. Rescheduling and refund of Award Tickets are allowed before flight departure time, in accordance with fare rules.
3.7.9 The Customer will cover the cost of the airport fee, determined by the local aviation authorities, and other official fees and taxes of any nature that are instituted by national and/or international authorities, as well as the payment of additional issuance fees arising from services provided by LATAM to issue the Premium Ticket.
3.7.10 The Award Ticket must be used within a maximum and non-extendable period of 365 (three hundred and sixty-five) days from the date of issue. Non-use of the ticket in the stipulated period will result in its expiration and loss of the respective points.
3.8. Specific Redemption Conditions. Prior to redemption of any LATAM Pass points, the Customer should consult the rules on the Site and follow applicable guidelines, and redemption may result in costs, fees and/or charges, depending on the type of redemption and/or channel used to perform the redemption. The amount of LATAM Pass Points and the conditions for redemption of awards will be established by LATAM and/or Partner, and may change upon communication through channels provided by LATAM and/or Partners.
3.9. Account Holder and Third-Party Awards. The Points required to receive benefits from this Program shall be obtained by the account holder, and the Award Ticket passenger may be the account holder or a third party named thereby.
3.10. LATAM Pass Points Transfer between Programs. For the transfer of LATAM Pass Points to Partner promotions and/or incentive programs, the following conditions apply:
(a) The rules applicable to the transfer of LATAM Pass Points for Partner promotions and/or commercial loyalty incentive programs, such as conversion factors, amount and equivalence of benefits, shall be defined by LATAM and the Partner, and they shall be disclosed through LATAM channels.
(b) Once LATAM Pass Points are transferred to Partners' promotions and/or commercial loyalty incentive programs, there will be no possibility of cancellation of the request and/or return of LATAM Pass Points, and the applicable rules for these and/or promotions and/or destination programs will apply, which are the responsibility of the Partners and will apply to the transferred LATAM Pass Points, including the possibility of a LATAM Pass Points Refund.
3.11. Donations of LATAM Pass Points Redeemed. Donations made by Customers to exclusive Site Partners through the LATAM Pass Points Redeemed may not be used to waive any taxes, in particular Income Tax.
3.12. Responsibility for Redemption. All benefits available for Redemption, including Partners' services, products, promotions and business loyalty incentive programs, are independently created, developed and managed by such Partners without any intervention or participation by LATAM. In this context, LATAM has no direct, indirect, subsidiary or joint responsibility for such services, products, promotions and loyalty incentive programs, so that any error or flaw related thereto must be claimed from the responsible Partner.
3.13. Information on Redeemed Benefits. The Customer understands that all information related to the product and/or service redeemed by the program, including, without limitation, risks, characteristics, peculiarities, delivery times, receipt, withdrawal, among others, shall be verified by the Customer directly with the responsible Partner.
3.14. Restrictions on Redemption of Certain Benefits. The redemption of benefits, including without limitation, alcoholic beverages, or services such as car rental, among others, is exclusively restricted to those over the age of 18 (eighteen) and civilly capable persons, in accordance with applicable law. LATAM shall not be liable for erroneous and/or incoherent information provided by the Customer who, due to such, has access to products or services that are inappropriate for their age.
3.15. Refund of LATAM Pass Points in the Non-Air Segment. LATAM will refund LATAM Pass Points, upon request from a Partner and/or Customer, for non-air segments, canceling the Redemption and adjusting LATAM Pass Points to the Customer's account statement. In the event of cancellation, LATAM Pass Points will be credited to the Customer's account with an expiration date equal to or later than that in effect on the date of use of the LATAM Pass Points. LATAM reserves the right to review each case individually to prevent any abuse of rights in the Redemption of LATAM Pass Points by Customers.
3.15.1 The refund of LATAM Pass Points in the non-airline segments must respect the specific rules of each Partner, not giving rise to the following:
(a) Partner product and/or service that, by its nature or characteristics, is not subject to regret; and
(b) Customer dissatisfaction when transferring LATAM Pass Points for Partner promotions and/or loyalty programs, once the LATAM Pass Points are transferred, the rules of the promotions and/or destination programs will apply.
3.16. Non-Recognition of Redemption. In the event of non-recognition of LATAM Pass Points used by the Customer, the Customer will have a period of 06 (six) months from the Redemption Date to file their complaint with LATAM, which will have up to 30 (thirty) days to respond to the Customer regarding the registered complaint. If it is found that the claimed LATAM Pass Points were misused, without the Customer's intent or fault, they will be credited for the same original posting date, i.e. the date of origin of the LATAM Pass Points earned.
3.17. LATAM Communications. The Customer will receive LATAM communications through its channels, informing Customers of their points balance and information pertaining to the Program. The Customer may also consult LATAM, through its communications channels in order to monitor point balances, and to obtain other information pertaining to the Program.
4.1. The LATAM Pass Program offers 6 (six) categories: LATAM, GOLD, GOLD PLUS, PLATINUM, and BLACK SIGNATURE. LATAM may, at any time, launch new modalities and/or categories that replace or modify the current ones, by prior notice to Customers on the Site. The Program may offer exclusive benefits for each Elite category, including companion, as communicated on the Site.
4.2. The rules regarding LATAM Pass Club’s modalities that are related to the rules for the earning of Qualifying Points will appear in the Club Rules. If the Customer fails to comply with Club rules, LATAM Pass Program qualification rules will apply to define the Customer category.
4.3. Downgrade of categories may occur, which will always result in a higher category being downgraded to the category immediately below, according to an evaluation made annually by LATAM, considering Points earned during 1 (one) calendar year.
This policy may be updated at any time by notice on the Site and/or by email, so it is recommended that the Site and/or the Customer’s email inbox be periodically reviewed.
5.2. Who is responsible for processing your data?
The companies listed below (“Companies”) are responsible for processing your data, and their emails are provided for any questions or needs with respect to data protection:
- LATAM AIRLINES GROUP S.A., RUT 89.862.200-2, Avda. Presidente Riesco 5711, piso 19, Las Condes, Santiago de Chile, Chile. Email email@example.com
- LATAM Airlines Brazil S.A. (TAM Airlines), CNPJ 02.012.862/0001-60, Rua Verbo Divino No. 2001, andares: 3º conj. 31 e 32, 4º conj. 41 e 42, 5º conj. 51 e 52, 6º conj. 61 e 62, 8º conj. 81 e 82, 10º conj. 101 e 102, 12º conj. 121 e 122, 13º conj. 131 e 132, 15º conj. 151, 16º conj. 161, 17º conj. 171 e 172, Edifício Condomínio Espaço Empresarial Nações Unidas, bairro Chácara Santo Antônio, São Paulo, São Paulo, Brazil. Email firstname.lastname@example.org
- PRISMAH FIDELIDADE LTDA, CNPJ 16.549.589/0001-11, Rua Verbo Divino, nº 2.001, 10° andar, Sala 101 Parte A, Chácara Santo Antônio, CEP 04.719-002, São Paulo, São Paulo, Brazil. Email email@example.com
5.3. What is the purpose of processing your personal information?
The Customer is advised that LATAM Pass will process the personal information provided through the contact forms and account record on the Site for the purposes set out below, to the extent that there is a legal basis for processing, as explained below:
(a) Ensure Customer’s access and use of the Site.
(b) Manage the Customer’s relationship with LATAM Pass and access the various resources provided on the Site, such as: consultation and exchange of award tickets, insurance and travel-related services, searches and the effect of exchanging and earning Points in the purchase of Products and Services, consultation of account statements, changes to address information, among others.
(c) Prevent fraud; enforcement of information security measures to ensure the adequacy of Customer access and use.
(d) Conduct statistical and market studies, including analysis of user behavior in the context of browsing and creating Customer profiles through the integration and processing of information obtained through cookies or similar technologies.
(e) Inform the user by any means, including sending commercial communication to the email address provided by the Customer, of the different products and services available: the purchase and sale of air tickets, redemption of travel awards and other benefits of the LATAM Pass, which can be customized according to the Customer’s profile. You may object at any time to the processing of your personal information for marketing purposes, exercising your rights in this regard.
5.4. What is the legal basis for processing your personal information?
The legal basis for processing data for purposes (a) (b) and (c) is execution of the service agreement.
The legal basis for processing the data for purposes (d) and (e) is the Customer’s consent and the legitimate interests of the Companies where applicable, and enabling the exclusion of processing at the request of the Customer at any time, notwithstanding execution of the contract.
Data access rights, data exclusion, portability or non-use of data for purposes of reporting offers may be exercised directly by the Customer through the management of the Information in their account and/or cancellation in communication emails, while any other right will depend on evaluation and adoption of other provisions by LATAM Pass.
As to the exercise of the right to portability of your data, this will not involve the transfer of points to another loyalty program or other information other than registration data.
5.5. What are the obligations of the Customer regarding registering information?
The information requested is generally mandatory for the operation, but may also be related to product offers and/or Site services or ads targeted to Customer profile. The Customer acknowledges and agrees that failure to complete certain personal information may prevent LATAM Pass from providing all benefits tied to such data. During the registration process and completion of the contact form, the Customer will be informed of the non-mandatory nature of the collection of some information by LATAM Pass.
5.6. How long will we keep your information?
Information will be kept for the time necessary to fulfill the purposes for which it was collected, unless the Customer requests withdrawal, opposes or revokes their consent.
In general, data will be kept for the following periods:
- Documentation associated with Customer’s contract 5 (five) years from the end of their status as a member of the LATAM Pass loyalty program;
- Documentation associated with tax and fiscal compliance: 5 (five) years from the end of the fiscal year;
- information relating to application records for the performance of obligations under applicable law, in Brazil referring to the Internet Civil Framework (Law No. 12,965): 6 (six) months from the collection of application log information;
5.7. What personal information will be processed?
LATAM Pass will process the following types of data by customer:
- Identification data: Name and last name, CPF number for whomever has a record, identity document (type, number, country of issue, validity when applicable), date and place of birth, gender, occupation, marital status;
- Contact information: email, login, password, contact information, including address and telephone number;
- Data related to the use of website sites: consultation, searches and use of services by customers, benefits and access to the Site, information on clicks, pages accessed, the following pages accessed after exiting the Site.
- Customer connection log data: access device resources, browser, IP number (with date and time), IP source;
- Facial biometric data: Facial biometrics or other applications that may provide security to transactions performed by Customer in order to ensure the customer’s right to request inclusion, exclusion and/or change of registration data and any other transaction that may require such validation.
5.8. With whom will we share your data?
- For Companies for the purpose of LATAM Pass management.
- Business partners which can be consulted on the Site: to use the benefits of LATAM Pass, including but not limited to LATAM Group companies, associated airlines, credit card companies, financial institutions, online retailers, gas stations, travel and tourism, entertainment, hospitality agencies and operators, in order to manage the points earned and redeemed by the Customers in the Program; make offers related to specific partner sites; evaluate Member profile for targeted campaigns and adherence to a specific product or service; approve the provision of products and/or services to the Customer; model credit and propensity to contract products and/or services; offer various products and/or services to Customers, such as financial, tourism and entertainment products, retail products, insurance and other services; deliver the products and/or services purchased under the program and other actions related to the Site. To find out who our partners are, visit the following link: https www.latampass.com.
- Suppliers and service providers who support or assist in the maintenance of LATAM Pass, such as the use of third-party infrastructure services or tools that assist with continuous program improvement.
- Government authorities, for compliance with applicable law, applicable regulations, government requests, court orders or subpoenas, to protect the rights, property or safety of Customers.
- In the event of corporate restructurings, it may be possible that Customer information is shared if disclosure is part of a purchase, transfer or sales of services or assets (e.g., in the case of assets being purchased by another party, Customer information may be transferred).
5.9. What rights do you recognize in data protection regulations?
The Customer may at any time, by request to the Companies, and attaching a photocopy of their identification document :
- Revoke granted consents;
- Obtain confirmation of whether personal information relating to the Customer is being processed by LATAM Pass;
- Access their personal information;
- Rectify inaccurate or incomplete information;
- Request the exclusion of their information when, among other reasons, the information is no longer needed for the purposes by which it was collected;
- Request portability of Customer-provided information as well as the registration information provided;
- Contact the LATAM Pass DPO by the email provided;
- Request restriction and oppose data processing and not be subject to decisions based solely on automated processing of their information in accordance with the regulations applicable to the protection of personal information.
- File a complaint regarding the protection of their personal information with the competent supervisory authority, when the interested party believes LATAM Pass has violated rights that are recognized by applicable data protection regulations.
To do so, you must send a letter signed by the data owner, attaching a copy of your Identification Card or equivalent document showing your identity and specifying the rights you wish to exercise by writing to the addresses listed in item 5.2.
5.10. How is your personal information protected?
The parties will process Customer data at all times in a strictly confidential manner and maintain secrecy thereof, in accordance with the provisions of applicable regulation, adopting the technical and organizational measures necessary for data security and preventing their amendment, loss, processing or unauthorized access, taking into account the state of the art of the technology, the nature of the stored data and the risks to which they are exposed.
5.11. What is your responsibility for the information you provide to us?
The Customer warrants that data provided to LATAM Pass is true, accurate, complete and up to date. For such purposes, the Customer is held responsible for the truth of the data communicated and will keep them appropriately up to date so as to reflect their current situation.
The Customer shall be responsible for any false, excessive or inaccurate information provided through the Site and for direct or indirect damages that this causes to LATAM, PRISMAH or to third parties.
If you provide data of a third party, you declare to have their consent if this is required and agree to transfer to the interested party, owner of such data, the information contained in the Policy, exempting LATAM Pass, of any Liability in this regard. However, LATAM Pass may perform checks necessary to verify such facts, taking appropriate due diligence measures according to data protection regulations.
LATAM Pass will ensure the appropriate use of personal information of minors, ensuring compliance with laws that apply thereto, with appropriate measures. However, LATAM Pass will not be responsible for the personal information provided by minors who are not at least at a legal age under current regulations to be able to consent to the processing of their personal information on an individual basis without the prior consent of their parents, persons responsible or legal representatives.
6.1 Issues related to the confirmation of the identity of the Customer.
Considering the security of the personal information collected and the guarantee to make requests, LATAM Pass may sometimes request change to the registration and/or redemption of points by the Customer, a password for their exclusive use, called the Two-Factor Authentication (2FA), sent by Short Message Service (SMS), or voice-recorded message, to a phone number of your choice, registered with LATAM Pass, recognition by facial biometrics or any other tool to ensure the security of the Customer.
6.2 Collection of information on the use of payment methods.
In the case of purchase of services to pay for the services offered and use of the LATAM Pass Club, such as purchase, renewal and transfer of points and others, LATAM Pass will use a third-party online payment service ("Payment Service"). LATAM Pass does not store or keep bank traffic information, such as credit card numbers or verification codes, among others.
LATAM Pass has no control over the process of approving or cancelling payments because this is solely the responsibility of the payment service. LATAM Pass will receive payment service information on the status of your payment process.
6.3 Information on Email Communications
LATAM Pass, at all times respecting Customer’s privacy, only sends emails to communicate on: a) points balance; b) alerts, confirmations or cancellations of requests, purchase, accrual and redemption of benefits; and c) promotional campaigns of interest to the Customer.
Promotional communications contain offers from LATAM Pass program partners, which can be sent to Customers. The frequency of sending emails may vary according to Customer interaction with the emails. The Customer at the time of acceptance agrees to receive such advertising from LATAM Pass.
If you no longer wish to receive emails, (i) simply select the "unsubscribe here" option in the footer of each email to be redirected to the cancellation confirmation page; or (ii) under "My Account", select "My Registration" and "Contact Details".
Fake emails are circulated online, called Phishing, in the name of LATAM Pass or in the name of its business partners to induce customers to share information such as passwords, credit card information, personal information, and so on, with malicious people. These messages do not come from LATAM Pass or business partners. LATAM Pass does not send emails with requests for confidential information, passwords, credit card numbers and others. Therefore, you must never provide personal information in response to emails sent, supposedly, on behalf of LATAM Pass, and do not respond to these emails.
6.4 Automatically collected information and cookies
LATAM Pass may also collect some information automatically, including online activity. It is permissible for selected third parties to add cookies through the Site to provide the program with the best information about the use of the Site or the location of the Customer or advertising relevant to the Customer. Such third parties may collect information about Customer’s online activities on different sites from Site access. LATAM Pass may receive information about the Third-Party Customer to conduct security checks, offer more appropriate offers to the Customer’s profile and promote third party engagement in the program.
7.1. Program Validity. The Program will remain in force indefinitely, and can be changed at LATAM’s discretion, by prior communication to Customers 90 (ninety) days in advance. In the event of a change, the points awarded to the Customer, Award Tickets already issued on behalf of the Customer or persons named by the Customer during the validity of the Terms and Conditions shall remain valid for their term of validity.
7.2. Partner Network. LATAM reserves the right, at any time and irrespective of the Customer’s prior consent, to include, exclude or modify the participation of Earning and/or Redemption Partners in the Program.
7.3. Official Time of the Country. The official time will be considered, including for promotions and campaigns of LATAM and its Partners in the country, unless otherwise expressly stated in the rules of the offer or campaign.
7.4. Applicable Law. The Terms and Conditions will be governed by and construed in accordance with the applicable local law of the Program.
7.5. Air Transportation. Air transportation that occurs as a result of the use of a Award Ticket is regulated by the Brazilian Aeronautical Code (Law No. 7.565/86), the Montreal Convention (Decree No. 5.910/06), the Directives and Resolutions of the National Civil Aviation Agency and other applicable laws.
7.6. Validity of Terms and Conditions. The Terms and Conditions are duly registered at the 1st Registry Office of the city of São Paulo, Brazil, and replaces and cancels those previously registered.
7.7. Validity of Terms and Conditions. This Terms and Conditions document shall be effective from April 30, 2020.