flyExclusive Privacy Policy

Effective and Last Updated: March 2023

LGM Enterprises, LLC and each of our subsidiaries and affiliates (collectively, “flyExclusive,” “we,” “us,” “our”) respect your privacy and are committed to protecting the personal information we hold about you.  We provide this Privacy Policy (the “Policy”) to explain how we collect, use, and disclose your personal information. Unless otherwise expressly indicated in this Policy, this Policy describes only our collection, use, and disclosure of personal information through our website with a homepage located at www.flyexclusive.com, our mobile app, and other online services that we operate and that include a link to this Policy (collectively, the “Services”).

California – Notice at Collection
‍If you are a California resident, Section 5 of this Policy includes information that we provide pursuant to the California Consumer Privacy Act of 2018 as amended from time to time (“CCPA”). That section includes information regarding the categories of information to be collected, the purposes for which the categories of information are collected or used, whether the information is sold or shared, and how long the information is retained. You can find those details by clicking on the above links.  

Table of Contents
‍If you are a California resident, Section 5 of this Policy includes information that we provide pursuant to the California Consumer Privacy Act of 2018 as amended from time to time (“CCPA”). That section includes information regarding the categories of information to be collected, the purposes for which the categories of information are collected or used, whether the information is sold or shared, and how long the information is retained. You can find those details by clicking on the above links.  

1. The Personal Information We Collect and How We Collect It
2. How We Use Personal Information
3. How We Share Personal Information
4. Your Choices
5. Additional Information for Residents of California, Colorado, Connecticut, Utah, And Virginia
6. Other Important Information.
7. Modifications and Updates to this Privacy Policy
   
8. How to Contact Us

1. 1. The Personal Information We Collect and How We Collect It

The Personal Information we collect depends on the context of your interactions with us, the choices you make, and the Services you use.  We may collect this information when you provide it to us directly, automatically when you use the Services, and when other sources provide it to us, as further described below.

Information You Provide to Us Directly  
We collect personal information from you when you provide it to us, including for example when you fill out forms on our website, or use our mobile app to book flights.  This personal information may include:

1. Contact information such as your first and last name, address, email address, and telephone number.
2. Employer or other business information such as your title and business contact information.
3. Information you provide about your interest in our services, such as your travel habits and preferences, and the flyExclusive offerings in which you’re interested.  
4. Credentials you use to sign in to the Services, including your username and password.  
5. Payment card or other payment account and billing information (we do not, however, collect or store full payment card numbers through the Services—all credit and debit card transactions are processed by our third-party payment processor).
6. Contents of your communications to us that we receive through communications channels that we make available through the Services.  
7. Travel-related information such as your passport number, driver’s license number, date of birth, city state and country of birth, country of citizenship, country of residence, Social Security Number, and national ID number.
   
8. Service-related and health and safety information, such as your travel preferences, requested medical accommodations, information about your weight, dietary preferences, ground transportation preferences, hotel preferences, and hobbies.
9. If you choose to enable location services through our mobile application, or to share your location with us when you use our website, location information that may include your precise, real-time geolocation data.
10. If you seek employment with us through the “Careers” section of our website, professional and employment related information such as your resume, employment history, certain non-public information such as your Social Security number or characteristics of protected classifications under state or federal law, and any other information you choose to provide in your employment inquiries or applications.

Information We Collect Automatically
We also may collect certain information automatically when you use our Services, such as the following:

1. Information about the browser and device you use to access our website and mobile app, such as device identifiers like IP addresses or MAC addresses, operating system information, browser information, usage information including the pages you visited and how long you viewed them, searches, links you click on, and other information about your interaction with the Services.
2. Information stored in web-based technologies like cookies, pixel tags, log files, or web beacons, including browser type, portions of the online services visited, time spent on the online services, pages visited, referring URLs, links you click on, and other traffic and usage data.
3. Information that indicates your general location, including your IP address.
4. Other information collected through in-app tracking technologies incorporated into our mobile application, such as device identifiers, advertising IDs, and other information about your usage of our mobile application.  

When you visit our website, third parties with whom we work may use cookies and other similar technologies to collect this information and other information about your online activities over time and across third-party websites or online services. For example, we use Google Analytics, us to learn more about how visitors use our online services.

For more information about how Google Analytics uses and processes data, please visit https://www.google.com/policies/privacy/partners/.

We also partner with third-party advertising and social media companies to serve advertisements to you on the Services and other websites and online services.  These advertisements may be targeted to you based on your use of our Services and your activities elsewhere on the internet, and make use of web beacons, cookies, or pixels that these third-party advertising and social media companies, including Facebook, use to collect information about your use of our Services and your activities on other websites and online services, which they may use to provide measurement services and target ads.

Information We Obtain from Third Party Sources.
We may also receive personal information about you from third party sources that may include:  

1. Members and other travelers when they create a membership or book travel for you through the Services.
2. Services that make user-generated content from their service available to others, such as online business reviews or public social media posts.
3. Partners with which we offer co-branded services or engage in joint marketing activities.

1. 2. How We Use Personal Information  

Depending on the context of your interactions with us, we may use the personal information we collect for a variety of purposes that include:

1. Fulfilling your requests and responding to your inquiries.
2. Providing and administering the Services.
3. Processing flight bookings and other travel arrangements.
4. Preparing and performing our contracts and agreements with you.
5. Sending you marketing offers and serving targeted advertising.
6. Qualifying prospective members and aircraft buyers and owners.
7. For our internal business operations, such as evaluating, updating, and modifying our operations, conducting research and analysis, developing new services, and performing other internal business operations, including as described elsewhere in this Privacy Policy.
8. Understanding how you and other users use the Services and determining what features and services may interest you and other users.
9. Debugging, identifying and repairing errors, effectuating similar functional enhancements, and improving the Services.
10. Storing information about your preferences, recognizing you when you use the Services, and customizing your experience.
11. Creating aggregate or deidentified data.
12. Complying with applicable laws and regulations, other legal requirements, and industry standards.
13. For our recruitment and hiring purposes, including evaluating and processing your resume and employment application.
14. Health and safety purposes, such as when we use passenger weight information to assess whether a flight’s crew, passenger, and cargo weight are within acceptable limits.
15. Maintaining the safety, security, and integrity of the Services, including our website, mobile applications, technology assets, services, and our business.
16. Protecting against malicious, deceptive, fraudulent, illegal, or other unauthorized activity, and participating in any prosecution or enforcement of laws or agreements meant to prevent or punish such activity.
17. Protecting the legal rights, property, safety, and security of our organization, workforce, users, clients, and others.
18. Enforcing our policies, terms of use, or rights arising from contracts.
19. Evaluating or participating in an actual or potential merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, including as part of bankruptcy, liquidation, or similar proceedings.
20. For such other purposes as you may authorize from time to time.

1. 3. How We Share Personal Information

We may disclose the personal information we collect or receive about you:

1. To you or those acting on your behalf.
2. To passengers traveling under the same booking as you.
3. To our third-party service providers to process your information on our behalf, including payment processors, software and web developers, order processing and fulfillment services, commercial email providers, and other vendors we engage to help provide the Services.
4. To third parties enabling or participating in targeted and cross-context behavioral advertising or that provide other online tracking technologies used in connection with the Services.
5. To third parties that provide services or products that you request or purchase through our Services and that are to be provided by another party (for example, a flight segment provided by another air carrier, or providers of hotel accommodations or ground transportation).
6. To customs and immigrations and other governmental authorities, such as the Transportation Security Administration, which may require access to personal information about you, including your personal information and booking and travel itinerary information, prior to travel.
7. To banks, financial firms, and payment services for the purposes of processing payments and refunds, and financing.
8. To government agencies and authorities, law enforcement officials, law courts, or to third parties: (a) if we believe disclosure is required by applicable law, regulation or legal process (such as pursuant to a subpoena or judicial order); or (b) to protect and defend our rights, or the rights or the rights, health, or safety of third parties, including to establish, make, or defend against legal claims; or (c) in the interest of public health and safety.
9. To enforce our agreements and to protect our rights, property, or safety, and the rights, property, and safety of our users and other third parties.
10. To protect and secure the Services, including against fraud and other misuse, and our and our partners’ rights, property, or safety, and the rights, property, and safety of our users and other third parties.
11. With a buyer or other successor or organization in the event of an actual or potential merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, including as part of bankruptcy, liquidation, or similar proceedings.
12. For such other purposes, and to such other third parties, as you may authorized or direct from time to time.

1. 4. Your Choices

You have choices about how we use your personal information.
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When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to provide any aspect of our Services, you may not be able to use those Services.

You may opt out of receiving marketing or other communications from us by email at any time by following the opt-out link or other unsubscribe instructions provided in any email message.  Note that if you do business with us in the future, you may still receive some email communications from us, such as order or subscription confirmations, that relate to your transactions with us.

If you want to limit or prevent our ability to receive location information from you, you can deny or remove the permission for certain Services to access location information or deactivate location services on your device. Please refer to your device manufacturer or operating system instructions for instructions on how to do this.

You can accept or reject certain cookies for the Services through our Preference Center. You can also do so by adjusting your web browser controls.

We do not currently respond to any web browser’s “Do Not Track” signal or similar mechanisms. As described below, however, we have configured the website to process opt-out preference signals that may allow you to inform us of your desire to opt out of certain uses and disclosures of your personal information.

Some of the advertisers and service providers that perform advertising-related services for us may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising.  To learn more about how you can exercise certain choices regarding these companies’ advertising activities, visit http://www.aboutads.info/choices/.  Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that opting out only means that those selected members should no longer deliver certain interest-based advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browser is configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, or use a different device or web browser, your NAI/DAA browser-based opt-out may not be effective.

1. 5. Additional Information for Residents of California, Colorado, Connecticut, Utah, And Virginia

This section also does not address our processing of personal information of job applicants, employees, and contractors for human resources, employment, benefits administration, health and safety, and other similar business-related and legal compliance purposes.  If you are a California resident and are a job applicant, employee, or contractor, of flyExclusive, or an emergency contact or beneficiary of benefits provided to one of our applicants, employees, or contractors, please refer to our California Human Resources Notice at Collection and Privacy Policy for information regarding our collection, use, disclosure, and other processing of personal information for human resources, employment, benefits administration, health and safety, and other similar business-related and legal compliance purposes.
California, Colorado, Connecticut, Utah, and Virginia have enacted consumer privacy laws that require additional privacy information to be shared with residents of those states. This section supplements the rest of our Privacy Policy by providing certain additional information and describing certain rights that apply only to these individuals. This section of the Privacy Policy applies to personal information subject to the requirements of the laws of these states that we collect through any means, including the Services and other online and offline methods.  It does not apply to data, such as deidentified and aggregated consumer information, that is not subject to those laws.

Personal Information We Collect and Process
We may have collected and processed the following categories of personal information regarding consumers within the last 12 months:

1. Identifiers such as your real name and email address.
2. Unique and online identifiers such as device identifiers, internet protocol addresses, cookie identifiers, beacon identifiers, pixel tags or mobile ad identifiers or similar technology, or other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device.
3. Commercial information that identifies or could reasonably be linked to you, such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
4. Internet or other electronic network activity information identifies or could reasonably be linked to you, such as browsing history, search history and information regarding an individual’s interaction with an internet website, application, or advertisement.
5. Geolocation information, such as your general location as derived from your IP address, and specific, real-time physical location or precise movements while you access our sites or apps if you have enabled location services on your device.
6. Sensory data, such as audio, electronic, visual, thermal, olfactory, or similar information.
7. Professional or employment-related information, such as your employer, title, job responsibilities, and work history.
8. Demographic data, including characteristics of protected classifications under California or federal law, such as race, ethnic origin, marital status, disability, and veteran or military status.
9. Inferences drawn from personal information, such as person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.
10. Personal information categories covered by the laws this section is intended to address, such as name, signature, address, telephone number, or bank account number, credit card number, debit card number, or any other financial information. Some personal information included in this category may overlap with other categories.
11. Sensitive personal information as defined by applicable law:
12. Social security, driver’s license, state identification card, or passport number.
13. Precise geolocation.
14. Information concerning health, including flight passenger weight information and requested medical accommodations.

Retention of Personal Information
We will retain the personal information we collect and process for as long as required to satisfy the purpose for which it is collected and used (for example, for the time necessary for us to provide the Services, provide you with customer service, answer your queries, or resolve technical problems), unless a longer period is required or permitted by law, such as to fulfill our legal obligations or to establish, protect or defend legal claims.

Sources of Personal Information
We may obtain the categories of personal information that we collect and process as indicated above from the following categories of sources.

Use, Disclosure, and Processing of Personal Information
‍We may collect, use, or otherwise process the categories of personal information that we collect and process, as described above, for one or more of the business purposes and commercial purposes described in the “How We Use Personal Information” section above.

We do not use or disclose sensitive personal information pertaining to California residents for purposes other than those specified in California Civil Code § 1798.121(a) and California Code of Regulations § 7027(m).

Personal Information Disclosures for Business Purposes
We may disclose the categories of personal information that we collect and process as indicated above to the categories of third parties described in the “How We Share Personal Information” section above. In the preceding 12 months, we may have shared or disclosed the categories of personal information listed below to the categories of third parties identified below for a business purpose:

1. Identifiers— to our affiliates, service providers, and such third parties as you may authorize.
2. Unique and online identifiers—to our affiliates, service providers, and such third parties as you may authorize.
3. Commercial information—to our affiliates, service providers, and such third parties as you may authorize.
4. Internet or other electronic network activity information—to our affiliates, service providers, and such third parties as you may authorize.
5. Geolocation information— to our affiliates, service providers, and such third parties as you may authorize.
6. Sensory data— to our affiliates, service providers, and such third parties as you may authorize.
7. Professional or employment-related information—to our affiliates, service providers, and such third parties as you may authorize.
8. Demographic data— to our affiliates, service providers, and such third parties as you may authorize.
9. Inferences drawn from personal information—to our affiliates, service providers, and such third parties as you may authorize.
10. Personal information categories covered by the laws this section is intended to address—to our affiliates, service providers, and such third parties as you may authorize.
11. Sensitive personal information—to our affiliates, service providers, and such third parties as you may authorize.

Sharing and Sales of Personal Information
We do not disclose personal information to third parties in exchange for monetary consideration (e.g. a cash payment).  However, some applicable laws define “sale” very broadly in a manner that includes disclosing personal information in exchange for other valuable consideration, and also regulate the “sharing” and use of personal information to third parties for targeted or cross-context behavioral advertising. Under those laws, we may sell or share, and in the preceding 12 months may have sold to third parties, or shared with third parties for targeted or cross-context behavioral advertising, the following categories of personal information:

1. Unique and online identifiers such as device identifiers, internet protocol addresses, cookie identifiers, beacon identifiers, pixel tags or mobile ad identifiers or similar technology, or other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device.
2. Commercial information that identifies or could reasonably be linked to you, such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
3. Internet or other electronic network activity information identifies or could reasonably be linked to you, such as browsing history, search history and information regarding an individual’s interaction with an internet website, application, or advertisement.

We may have sold or shared each of these categories of personal information with advertising partners that enable or participate in targeted and cross-context behavioral advertising, social media platforms, and analytics partners that help us collect information on how our Services are used.

We do not have actual knowledge that we sell the personal information of consumers under the age of 16 or share the personal information of consumers under the age of 16 for targeted or cross-context behavioral advertising.

Personal Information Rights and Choices
We have described below some privacy rights we offer to you and others. Where the rights described below are provided by law, there may be limitations or exceptions that apply to your request in accordance with applicable legal requirements. We have described these rights generally, without noting all applicable or potentially applicable limitations or exceptions. When you make a request, we may provide more detailed information regarding any legal requirements applicable to or your request and whether any exception or limitation applies.

1. Right to access to personal information. You have the right to request that we confirm that we process your personal information, and for access to the personal information we have collected about you.
2. Right to data portability. You have the right to obtain a copy of your personal information in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance.
3. Right to request deletion of personal information. Subject to certain exceptions, you have the right to request that we delete the personal information that we collected about you. Once we receive and review your request, we will delete your personal information from our records, unless an exception applies.
4. Right to opt out of our sale, sharing, or processing of personal information for targeted or cross-context behavioral advertising. You have the right to opt out of our sale, sharing, and/or processing of your personal information for targeted or cross-context behavioral advertising. You may exercise this right by visiting our Preference Center.
   
   We have also configured our Services to process opt-out preference signals that may allow you to inform us of your desire to opt out of sales or sharing as described in the above paragraph. Opt-out preference signals must be in a format commonly used and recognized by businesses and be delivered by a platform, technology, or mechanism that makes clear to consumers that the use of the signal is meant to have the effect of opting the consumer out of sales and sharing of personal information as described above. If you do not have a flyExclusive account or are not logged into your flyExclusive account, your opt-out preference signal will be linked to your browser identifier only and may not be linked to other personal information, such as account information, about you that we process that is not associated with your browser identifier.
   
   If we receive an opt-out preference signal from you, we may offer you the option to provide additional information to help facilitate your opt-out request. We may also notify you if an opt-out preference signal we receive from you conflicts with your privacy settings or participation in certain programs we offer, and request your consent to sales or sharing of personal information or to affirm your intent to withdraw from any relevant programs.  
   
   Even if you opt out of or sharing or processing of your personal information for targeted or cross-context behavioral advertising, you may still see our ads online at other sites and apps, and we may still base aspects of ads on your interactions with us and the Services.
5. California residents – right to request information about our practices regarding personal information about you that we collect and share.
   
   ‍California residents who have an established business relationship with us may request information regarding third parties, if any, to whom we may have disclosed personal information (as defined by Cal. Civ. Code. § 1798.83(e)(7)) for the direct marketing purposes of those third parties during the preceding calendar year. Requests may be made only once per year per person. To submit a request, send an email or letter to addresses provided in the Contact Information and Assistance section at the end of this Privacy Policy.
   
   In addition, if you are a California resident, you have the right to request we disclose certain information to you about our collection, use, and disclosure of your personal information over the past 12 months. If we receive and confirm a verifiable consumer request from you pursuant to the Exercising Your Rights section below, we will disclose one or all of the following depending on the scope of the request:
6. The categories of personal information we collected about you.
7. The categories of sources for the personal information we collected about you.
8. Our business or commercial purpose for collecting personal information about you.
9. The categories of third parties with whom we shared personal information.
10. The specific pieces of personal information we collected about you.
11. The categories of personal information about you that we sold or shared.
12. The categories of personal information about you that we disclosed for a business purposes.
13. Right of Non-Discrimination. You have a right to not receive discriminatory treatment for exercising your rights described above. Except to the extent permitted by applicable law, we will not deny you, or charge you different prices or rates for, goods or services or provide a different level or quality of goods or services for exercising the rights described above

Exercising Your Rights. If you would like to request to exercise the access, data portability, deletion, or correction rights described in the “Personal Information Rights and Choices” section above, please submit a request to us by either:

1. Visiting https://www.flyexclusive.com/privacy-rights-request and completing the Rights Request Form; or
2. Calling us toll-free at 1-833-234-1100.

Only you, or an authorized agent that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

Your request must provide information sufficient to permit us to reasonably verify you are the person about whom we collected personal information, or an authorized agent (except for requests submitted via opt-out preference signal). In order to verify your request, we may ask you to provide information such as your first and last name, email address, mailing address, telephone number, or any other information necessary to verify your identity or that you are a representative of the person. Your request also must include sufficient detail for us to properly understand, evaluate, and respond to it.

If we cannot fulfill, or are permitted to decline, your request then we will alert you or your authorized agent. We may charge a reasonable fee to respond in certain circumstances where permissible under applicable law, such as if you have made several repetitive requests. For data portability requests, we will select a format to provide your personal information that is readily usable.

In certain situations, if we do not fulfill your request, you may appeal by contacting us through the methods described above.

1. 6. Other Important Information.

Collection of Personal Information from Children. Children under 18 years of age are not permitted to use the Services, and we do not knowingly collect information from children under the age of 18. By using the Services, you represent that you are 18 years of age or older.

Third-Party Websites and Services. As a convenience, we may reference or provide links to third-party websites and services, including those of unaffiliated third parties, our affiliates, service providers, and third parties with which we do business. When you access these third-party services, you leave our Services, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any third-party websites and services. You access these third-party services at your own risk. This Privacy Policy. does not apply to any third-party services; please refer to the privacy notices or policies for such third-party services for information about how they collect, use, and process personal information.

International Transfers. Your personal information will be stored and processed in the United States, and in any other country where flyExclusive or its affiliates, subsidiaries, or service providers operate. By your use of the Services, you acknowledge that we will transfer your data to, and store your personal information in, jurisdictions which may have different data protection rules than in your country, and personal information may become accessible as permitted by law in those territories, including to law enforcement and/or national security authorities in those territories.

1. 7. Modifications and Updates to this Privacy Policy

This Privacy Policy replaces all previous disclosures we may have provided to you about our information practices with respect to the Services. We reserve the right, at any time, to modify, alter, and/or update this Privacy Policy, and any such modifications, alterations, or updates will be effective upon our posting of the revised Privacy Policy. Your continued use of the Services following our posting of any revised Privacy Policy will constitute your acknowledgement of the amended Privacy Policy.

1. 8. How to Contact Us

If you have any questions or concerns about this Privacy Policy and/or how we process personal information, please contact us at: helpdesk@flyexclusive.com.