1-800-4-DOLPHIN (1-800-436-5744)

PRIVACY NOTICE

Effective Date: May 25th, 2018

DATA CONTROLLER CONTACT INFORMATION
Privacy Officer - Dolphinscuba.com, Inc.
1530 El Camino Ave, Sacramento, CA 95815
(916) 929-8188
privacy@dolphinscuba.com

This document governs the privacy notice of our website www.dolphinscuba.com. Our privacy notice tells you what personal data and non-personal data we may collect from you, how we collect it, how we protect it, how we may share it, how you can access and change it, and how you can limit our sharing of it. Our privacy notice also explains certain legal rights that you have with respect to your personal data. Any capitalized terms not defined herein will have the same meaning as where they are defined elsewhere on our website.

YOUR RIGHTS

When using our website, and submitting personal data to us, you may have certain rights under the General Data Protection Regulation (GDPR) and other laws. Depending on the legal basis for processing your personal data, you may have some or all of the following rights:

The right to be informed: You have the right to be informed about the personal data we collect from you, and how we process it.

The right of access: You have the right to get confirmation that your personal data is being processed and have the ability to access your personal data.

The right to rectification: You have the right to have your personal data corrected if it is inaccurate or incomplete.

The right to erasure (right to be forgotten): You have the right to request the removal or deletion of your personal data if there is no compelling reason for us to continue processing it.

The right to restrict processing: You have a right to ‘block’ or restrict the processing of your personal data. When your personal data is restricted, we are permitted to store your data, but not to process it further.

The right to data portability: You have the right to request and get your personal data that you provided to us and use it for your own purposes. We will provide your data to you within 30 days of your request. To request your personal data, please contact us using the information at the top of this privacy notice.

The right to object: You have the right to object to us processing your personal data for the following reasons: (a) Processing was based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling), (b) Direct marketing (including profiling), (c) Processing for purposes of scientific/historical research and statistics, (d) Rights in relation to automated decision-making and profiling.

Automated individual decision-making and profiling: You will have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

Filing a complaint with authorities: You have the right to file a complaint with supervisory authorities if your information has not been processed in compliance with the General Data Protection Regulation. If the supervisory authorities fail to address your complaint properly, you may have the right to a judicial remedy.

DEFINITIONS

‘Non-personal data’ is information that is in no way personally identifiable.

‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Personal Data is in many ways the same as Personally Identifiable Information (PII). However, Personal Data is broader in scope and covers more data.

A ‘visitor’ is someone who merely browses our website. A ‘member’ is someone who has registered with us to use or buy our services and products. The term ‘user’ is a collective identifier that refers to either a visitor or a member.

TOPICS COVERED IN OUR PRIVACY NOTICE

Information We Collect
Our Use of Cookies
How Your Information Is Used
Retaining and Destroying Your Personal Data
Updating Your Personal Data
Revoking Your Consent for Using Your Personal Data
Protecting the Privacy Rights of Third Parties
Do Not Track Settings
Links to Other Websites
Protecting Children’s Privacy
Our Email Policy
Our Security Policy
Use of Your Credit Card
Transferring Personal Data from the European Union
Changes to Our Privacy Notice

INFORMATION WE COLLECT

We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously. We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes. Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.

OUR USE OF COOKIES

Our website uses cookies. A cookie is a small piece of data or a text file that is downloaded to your computer or mobile device when you access certain websites. Cookies may contain text that can be read by the web server that delivered the cookie to you. The text contained in the cookie generally consists of a sequence of letters and numbers that uniquely identifies your computer or mobile device; it may contain other information as well. By agreeing to accept our use of cookies, you are giving us, and third parties we partner with, permission to place, store, and access some or all the cookies described below on your computer.

Strictly Necessary Cookies: These cookies are necessary for proper functioning of the website, such as displaying content, logging in, validating your session, responding to your request for services, and other functions. Most web browsers can be set to disable the use of cookies. However, if you disable these cookies, you may not be able to access features on our website correctly or at all.

Performance Cookies: These cookies collect information about the use of the website, such as pages visited, traffic sources, users’ interests, content management, and other website measurements.

Functional Cookies: These cookies enable the website to remember a user’s choices – such as their language, user name, and other personal choices – while using the website. They can also be used to deliver services, such as letting a user make a blog post, listen to audio, or watch videos on the website.

Media Cookies: These cookies can be used to improve a website’s performance and provide special features and content. They can be placed by third parties who provide services to us or by our company.

Session Cookies: These cookies allow websites to link the actions of a user during a browser session. They may be used for a variety of purposes, such as remembering what a user has put in their shopping cart as they browse a website. Session cookies also permit users to be recognized as they navigate a website so that any item or page changes they make are remembered from page to page. Session cookies expire after a browser session; thus, they are not stored long term.

Persistent Cookies: These cookies are stored on a user’s device in between browser sessions, which allows the user’s preferences or actions across a site (or, in some cases, across different sites) to be remembered. Persistent cookies may be used for a variety of purposes, including remembering users’ choices and preferences when using a website or to target advertising to them.

Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access features on our website correctly or at all.

Google Analytics Privacy Notice: Our website uses Google Analytics to collect information about the use of our website. Google Analytics collects information from users such as age, gender, interests, demographics, how often they visit our website, what pages they visit, and what other websites they have used before coming to our website. We use the information we get from Google Analytics to analyze traffic, remarket our products and services to users, improve our marketing, advertising, and to improve our website. We have enabled Google Analytics advertising features such as remarketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting. Google Analytics collects only the IP address assigned to you on the date you visit our website, not your name or other identifying information. We do not combine the information collected using Google Analytics with Personal Data. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our website, the cookie cannot be used by anyone but Google. Google also uses specific identifiers to help collect information about the use of our website. For more information on how Google collects and processes your data, visit https://www.google.com/policies/privacy/partners/ You can prevent Google Analytics from using your information by opting out at this link: https://tools.google.com/dlpage/gaoptout

HOW YOUR INFORMATION IS USED

We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways: To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested. To allow us to better service you in responding to your customer service requests. To quickly process your transactions. To administer a contest, promotion, survey or other site feature. If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.

RETAINING AND DESTROYING YOUR Personal Data

We retain information that we collect from you (including your Personal Data) only for as long as we need it for legal, business, or tax purposes. Your information may be retained in electronic form, paper form, or a combination of both. When your information is no longer needed, we will destroy, delete, or erase it.

UPDATING YOUR Personal Data

You can update your Personal Data using services found on our website. If no such services exist, you can contact us using the contact information found at the top of this notice and we will help you. However, we may keep your Personal Data as needed to enforce our agreements and to comply with any legal obligations.

REVOKING YOUR CONSENT FOR USING YOUR Personal Data

You have the right to revoke your consent for us to use your Personal Data at any time. Such an opt-out will not affect disclosures otherwise permitted by law including but not limited to: (a) disclosures to affiliates and business partners, (b) disclosures to third-party service providers that provide certain services for our business, such as credit card processing, computer system services, shipping, data management services, (c) disclosures to third parties as necessary to fulfill your requests, (d) disclosures to governmental agencies or law enforcement departments, or as otherwise required to be made under applicable law, (e) previously completed disclosures to third parties, or (f) disclosures to third parties in connection with subsequent contests or promotions you may choose to enter, or third-party offers you may choose to accept. If you want to revoke your consent for us to use your Personal Data, send us an email with your request to: privacy@dolphinscuba.com

PROTECTING THE PRIVACY RIGHTS OF THIRD PARTIES

If any postings you make on our website contain information about third parties, you must make sure you have permission to include that information in your posting. While we are not legally liable for the actions of our users, we will remove any postings about which we are notified, if such postings violate the privacy rights of others.

THIRD PARTY LINKS

In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).

PROTECTING CHILDREN'S PRIVACY

Even though our website is not designed for use by anyone under the age of 18, we realize that a child under the age of 18 may attempt to access our website. We do not knowingly collect Personal Data from children under the age of 18. If you are a parent or guardian and believe that your child is using our website, please contact us. Before we remove any information, we may ask for proof of identification to prevent malicious removal of account information. If we discover that a child is accessing our website, we will delete his/her information within a reasonable period of time. You acknowledge that we do not verify the age of our users nor do we have any liability to do so.

OUR EMAIL POLICY

You can always opt out of receiving further email correspondence from us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third party without your permission except in the sale or transfer of our business, or if our company files for bankruptcy.

OUR SECURITY POLICY

We have built our website using industry-standard security measures and authentication tools to protect the security of your Personal Data. We and the third parties who provide services for us, also maintain technical and physical safeguards to protect your Personal Data. When we collect your credit card information through our website, we will encrypt it before it travels over the Internet using industry-standard technology for conducting secure online transactions. Unfortunately, we cannot guarantee against the loss or misuse of your Personal Data or secure data transmission over the Internet because of its nature.

We strongly urge you to protect any password you may have for our website and to not share it with anyone. You should always log out of our website when you finish using it, especially if you are sharing or using a computer in a public place.

TERMS AND CONDITIONS

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.

TRANSFERRING Personal Data FROM THE EUROPEAN UNION

Personal Data that we collect from you may be stored, processed, and transferred between any of the countries in which we operate, specifically United States and Canada. The European Union has not found the United States and some other countries to have an adequate level of protection of Personal Data under Article 45 of the GDPR. Our company relies on derogations for specific situations as defined in Article 49 of the GDPR. For European Union customers and users, with your consent, your Personal Data may be transferred outside the European Union to the United States and or other countries. We will use your Personal Data to provide the goods, services, and/or information you request from us to perform a contract with you or to satisfy a legitimate interest of our company in a manner that does not outweigh your freedoms and rights. Wherever we transfer, process or store your Personal Data, we will take reasonable steps to protect it. We will use the information we collect from you in accordance with our privacy notice. By using our website, services, or products, you agree to the transfers of your Personal Data described within this section.

CHANGES TO OUR PRIVACY NOTICE

If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on May 25, 2018.

QUESTIONS ABOUT OUR PRIVACY NOTICE

If you have any questions about our privacy notice, please contact us using the information at the top of this privacy notice.