Diviac privacy policy

Last Modified: July 25, 2013

  1. Introduction

    Welcome to Diviac.com (“Site”) and, if applicable, choosing to use our Service or our Software. We try to make our Privacy Policy easy to understand so that you are informed as to how we use your information. This Privacy Policy, like our Terms of Service, is an integral part of using our Service; therefore you must completely agree to our Privacy Policy in order to use our Site or Service. You must be over the age of 18 to use our Site, Service or Software.

  2. Information Collected

    Personally Identifiable Information Submitted by You

    You will not be required to provide us any information when you visit our Site. However, in order to use our Service and access our Software, we will collect your name and email, address.

    Non-Identifying Information

    Whenever you use our Site or Service, we may collect non-identifying information from you, such as your IP address, interactions with the Site and Service, query information, location, referring URL, browser, operating system, cookie information, usage, data transferred, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party such as your wireless provider, this information alone cannot usually be used to identify you.

    Other Information Collected

    Through your Diviac profile you may also be able to submit information about yourself such as your nationality, gender, date of birth, medical information, dive certifications, dive equipment, travel experiences and other information about your interests in scuba diving.

    Sensitive Information Collected

    Using Diviac you may be able to upload sensitive medical information such as pre-existing conditions, blood type, and medical insurance information. Through certain settings within your profile you may be able to share this information with other users of Diviac. Please be aware that you are solely responsible for the posting of this information and for keeping such information confidential.

  3. Use of Your Information

    We will never sell or transfer any personally identifiable information to third parties without your consent. However, you agree that we may use your information:

    • To enhance or improve our users’ experiences.
    • To provide our Service to you.
    • To email you newsletters and correspondence.
    • To contact you and to respond to inquiries.
    • To use anonymously as behavioural and statistical data for marketing and internal purposes.

    Additionally, we may give your information to law enforcement if we are compelled to by a court order, if there has been a violation of any US laws, EU laws or if a violation of the Terms of Service or Privacy Policy has occurred.

  4. Accessing, Editing, and Removing Your Information

    You will be able to access any information contained in your account through your profile. You may edit that information by removing or changing the information listed in your account. If you have any questions or wish to review, change, or access any of your information collected by us, please contact us at support@Diviac.com. Additionally, if you wish to opt out of our data collection practices or would like us to remove any of your information, please contact us at support@Diviac.com. After you have cancelled your account please be aware that we may keep inaccessible copies of your information for a commercially reasonable period of time.

  5. Cookies and Tracking

    We use cookies to remember your preferences and ads, for this reason, you must have cookies enabled in your browser to use our Site and Services. Additionally, some or all of our cookies may be accessible by third parties. We may also use other web tracking to understand what websites you have visited previously before viewing our Site and to keep track of our subscribers.

  6. Third Party Access to Your Information

    Although you are entering into an Agreement with Diviac to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others such as Google Analytics.

    Throughout the course of our provision of our Services to you, we may delegate our authority to collect, access, use, and disseminate your information. It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you. The following is a non-exhaustive list of other entities that we may store, share, or transfer your information with:

    • Saasy
    • PayPal
  7. Law Enforcement

    You agree that we may disclose your information to authorities if compelled to by a court order. Additionally, you agree that we may disclose your information if we reasonably believe that you have violated Swiss law or the terms of our Terms of Service or Privacy Policy or if we believe that a third party is at risk of bodily harm. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, such as instances where we believe your publications violate any law of the United States or any other country having jurisdiction over us, our Site, Services, or our Terms of Service. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. We may release your information under the conditions listed in this paragraph whether it is to individuals or entities and to any state or national authorities, as required.

  8. Commercial and Non-Commercial Communications

    If you decide to provide us with your contact information, you waive all rights to file complaints concerning unsolicited emails from us, since you have agreed to such communication. However, you may unsubscribe from certain communications by notifying Diviac that you no longer wish to receive these solicitations, we will endeavour to remove you from our database where you have the right to request this under our Agreement, Privacy Policy, or applicable law. If you wish to opt out of certain communications, please contact us at support@Diviac.com.

  9. Third Parties

    Diviac may post links to third party websites on our Site or Service, which may include information that we have no control over. When accessing a third party site through our Site or Service, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites.

    Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties. Diviac bears no responsibility for the information collected or used by any advertiser or third party website. You must review their Terms of Service and Privacy to understand how their information collection practices work.

  10. Security Measures

    We take reasonable attempts to protect your information by using SSL certificates and PCI/DSS complaint hosting. However, as this is the Internet, we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.

  11. Your California and European Privacy Rights

    Diviac permits residents of the State of California to use its Service, and complies with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us at support@Diviac.com with any questions.

    We also intend to comply with Directive 95/46/EC of the European Union. If you are a resident of any EU member countries please contact us at support@Diviac.com with any privacy questions.

  12. Age Compliance

    We intend to fully comply with Swiss and international laws respecting children’s privacy. Therefore, we do not collect or process any information for any persons under the age of 18. If you are under 18 and using our Site or Service, please stop immediately and do not submit any information to us.

  13. International Transfer

    Your information may be transferred to - and maintained on - computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. We may transfer personal information to Switzerland or elsewhere and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

  14. Amendments

    Like our Terms of Service, we may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will modify the date listed on this Agreement or we may contact you. You must agree to the amendments as a condition of your continued use of our Site and Service. If you do not agree, you must immediately cease using our Site and Service and notify us of your refusal to agree by e-mailing us at support@Diviac.com.

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