PRIVACY POLICIES

Effective Date : July 6, 2020

This privacy policy (the » Policy «) describes how Diving Capital collects personal data from the user (» you » or, collectively, the «Users «), as well as the purposes for which it uses and shares personal data and how it does. This Policy also provides information about the choices that Users may have regarding the personal data we collect. Personal data refers to information, alone or in combination with other information, that can be used to identify you. This Policy is part of the terms and conditions of the website, the mobile application, the service, the diving options, the certifications, the courses, the promotions, the store or the related offer (“Services “) in which the User participates, as appropriate.

SUMMARY OF KEY POINTS

WHO IS RESPONSIBLE FOR THE PROCESSING OF YOUR PERSONAL DATA?
The data controller is Diving Capital, with registered address in 2020 at Cerrada Monte Besaide # 101, Gatika II Condominium, Real Bilbao, Playa del Carmen, Mexico. For any matter related to privacy, you can contact us at info@divingcapital.com, and we will comply with obligations as a data controller in accordance with the relevant data protection law.

WHAT PERSONAL DATA DO WE COLLECT?
Do not provide your personal data if you are under 18 years of age. We only collect personal data in connection with your participation in our Services. Any mandatory data will be expressly identified as such. Also, if you connect or access our systems or networks, we will automatically collect information about the devices you use and your interactions with our resources. We may also collect information that you have made public on social media or other platforms, and we may also process anonymous information, which does not identify you. [ MORE INFORMATION IN SECTION 2 BELOW ]

HOW DO WE USE THE PERSONAL DATA WE COLLECT?
We use the personal data we collect to manage your use of our Services, as well as to promote our products or Services, to offer you the ability to participate in our Services, or to send you other communications that may be of interest to you. [ MORE INFORMATION IN SECTION 3 BELOW ]

WHY DO WE PROCESS YOUR PERSONAL DATA?
We process your personal data in accordance with the terms of the contract you have to access our Services, or other services that you have requested. We may also process your personal data to improve our Services, including anonymizing the data to analyze our Services or by customizing the Services or communications according to your interests, in order to provide you with the Services you have purchased or requested. In addition, subject to your consent as required by applicable law, we will process geolocation data. You are required to consent to access most of the Services and you may revoke your consent at any time, under applicable law. [ MORE INFORMATION IN SECTION 4 BELOW]

WHEN AND WHERE IS YOUR PERSONAL DATA DISCLOSED?
We share personal data with trusted third parties to support and administer our Services, such as for technical assistance or to send you marketing communications. In addition, we disclose personal data to subsidiaries, affiliates, and joint venture partners. We may disclose personal data in connection with a sale or other transfer of our business or assets. And we may share personal data as necessary to comply with legal requirements, defend our rights and property or those of others, and maintain security. Processing activities may take place outside of your home country, such as in the United States.

HOW CAN YOU EXERCISE YOUR RIGHTS?
To exercise your rights of access, correction, deletion, restriction of use, transfer or to object to the processing of your personal data, as well as to withdraw your consent, send an email to info@divingcapital.com indicating if you wish to exercise your rights at partnership with Diving Capital. We may ask you to provide proof of your identity. You are also empowered to make complaints to your local data protection authority.

HOW LONG DO WE KEEP THE INFORMATION?
We retain your personal data for as long as you have a relationship with us, and for a reasonable time thereafter, as permitted by applicable law or based on your consent.

PRIVACY POLICY – COMPLEMENTARY INFORMATION

This Policy will apply to the personal data that we obtain when Users access our Services, which may include their registration with a federation, loyalty club, use of a promotion, when they use, access, download or otherwise interact with anyone of our Services, or anywhere else this Policy is displayed. This Policy does not apply to personal data that is collected outside of the Services. This Policy applies regardless of whether you access the Services using a personal computer, mobile device, video game console, or other computer or device. If you do not agree to the terms of this Policy, please do not use the Services.

WHO IS RESPONSIBLE FOR THE PROCESSING OF YOUR PERSONAL DATA?
Diving Capital is the data controller responsible for the processing of your data and will comply with its obligations as a data controller under the relevant data protection law. You can contact:

Registered address: Cerrada Monte Besaide # 101, Gatika II Condominium, Real Bilbao, Playa del Carmen, Mexico.

Diving Capital country of incorporation: Mexico

Telephone number: +52 1 55 3775 7804

Email: info@divingcapital.com

2. WHAT PERSONAL DATA DO WE COLLECT?

We require that all users of the Services be at least 18 years of age. If we obtain actual knowledge that a User is under the age of 18, we will immediately delete all personal data associated with that account.

For Users 18 years of age or older, we collect the following types of personal data:

INFORMATION PROVIDED BY USERS:We collect the personal data that you send us. For example, the process of creating or editing your user profile for a Service or taking advantage of a promotion may require you to provide us with personal data such as your name, email address, telephone number, postal address, password of your choice. When you personalize your profile and use the features of the Services, we will collect any information that you voluntarily provide, and we may also request additional optional information to support your use of the Services, such as a photo and a birthday date. Additionally, we collect any information that you voluntarily enter in any post, or comment within the Services, including private messages that you send to other users of the Services. If we send an email, we will collect your email address and the full content of your email, including attachments and other information that you choose to provide to us.

INFORMATION WE AUTOMATICALLY COLLECT FROM YOUR DEVICES:

When you use our Services, we may collect information about the device you use to access the Services, including the hardware model, operating system and version, IP address, and other unique identifiers of the device (eg, MAC address), mobile network information, and information about the device’s interaction with our Services. We also collect information about how you use our Services, including access times, browser types, and language. We can use this data individually or together. This type of data allows us to understand how often people use parts of the Services so that we can analyze and improve them. To collect this information we use cookies and page access monitors and, in the future, we may use other similar technologies. To learn more about how we automatically receive and record information when you interact with the Services.

LOCATION INFORMATION: We may collect different types of information about your location, including general information such as the city, state and / or ZIP code associated with your IP address, and, if you agree, more specific location information provided through the GPS function on mobile devices that are used to access the Services. We may use location information to personalize the Services, including the advertising that is presented to you. For example, if you provide a zip code indicating that you live in Bogotá, the Services may be personalized with information, features, and advertisements specific to Bogotá. In order to do this, your location information may be shared with our affiliates, vendors, or advertisers.

INFORMATION FROM SOCIAL MEDIA AND OTHER THIRD PARTIES: We may obtain personal data from other sources, such as publicly available sources, social media platforms, or other third parties. Other sources may include vendors, such as web server vendors, analytics providers or advertisers, or third parties with whom you interact. For example, to access the Services, you can link your Facebook account to the Services, allowing us to obtain information from your Facebook account, such as your friends or contacts, photo, date of birth, gender, interests, or other related information. with the profile, and any other information that you have chosen to share with «everyone» on Facebook (or a similar third-party platform). The information we obtain from third-party services depends on your account and privacy settings with those third parties and the privacy policies of the third parties, so you should be sure to review those policies and adjust your settings to meet your preferences. When you access the Services through social media and other third-party platforms, you authorize Diving Capital to collect, store and use such information and content in accordance with this Policy. If we combine or associate information from other sources with personal data that we collect through the Services, we will treat such combined information as personal data in accordance with this Policy. When you access the Services through social media and other third-party platforms, you authorize Diving Capital to collect, store and use such information and content in accordance with this Policy. If we combine or associate information from other sources with personal data that we collect through the Services, we will treat such combined information as personal data in accordance with this Policy. When you access the Services through social media and other third-party platforms, you authorize Diving Capital to collect, store and use such information and content in accordance with this Policy. If we combine or associate information from other sources with personal data that we collect through the Services, we will treat such combined information as personal data in accordance with this Policy.

PAYMENT INFORMATION : If you purchase a product or service through the Services, our third-party payment processors will collect the billing, shipping, and financial information necessary to process the transaction. This may include your postal address, email address, and financial information. Diving Capital does not collect or store your financial information, such as credit card numbers. However, Diving Capital’s third-party payment processors may share non-financial information with us related to your purchases, such as your name, shipping address, and items purchased in order to fulfill your order.

AGGREGATED AND / OR ANONYMOUS INFORMATION: We may add or anonymize certain personal data that we collect from Users, in which case we cannot personally identify any User.

HOW DO WE USE THE PERSONAL DATA WE COLLECT?
Our main objective for the processing of your personal data is to provide you with the Services that you request. In order to provide you with such Services, we process your personal data for the following purposes:

manage and provide the Service that the User has requested;
grant the User access to current or future Services;
communicate with Users for the purpose of providing non-marketing related information about the Services, including via email, text messages, social media, postal mail and telephone;
provide, maintain and protect the Services;
personalize your access to the Service, for example, by personalizing your User profile;
allow you to interact with the Services, such as using comments, chats, or other public posting features;
personalize the content and advertisements you receive from us and our trusted partners; and process and complete purchases.
In addition to the primary purposes mentioned, we may also process your personal data for the following secondary purposes:

Except if you choose not to provide your data under section 5 below, to offer you marketing communications by email, text messages or social networks regarding promotions and other functions related to the Services in which you participate;
Whenever you choose to receive them, to offer you through email, text messages or social networks, marketing communications about courses, promotions and other functions from us or on our behalf that are not related to our Services in which you have participated . This may include communications from our partners or our advertisers regarding general entertainment and culture, movies, food and aquatic and underwater life, family and community, hobbies and leisure, home and garden, domain names and domain name registration, Internet service plans, web design and development, jobs and education, news, media and publications, special occasions and gifts, real estate, sports and fitness, telephony, travel and tourism, vehicles, attorneys and law firms;
Develop and improve the Services, including statistical analysis to help us analyze patterns regarding the use of the Services.
You may choose to opt out of certain secondary goals using the contact information provided in section 1, as provided by applicable law.

HOW IS YOUR PERSONAL DATA DISCLOSED?
We disclose Users’ personal data only in the manner described below:

WITH THE USER’S CONSENT : We disclose User information when they ask us to do so or when they authorize disclosure in any other way. In particular, subject to consent, we may disclose personal data, including your profile, to our partners or collaborators, in accordance with the provisions of section 3;

WITH TRUSTED PARTNERS: We may share your personal data with our affiliates and subsidiaries or joint venture partners in the media and entertainment or data research industries for the purpose of processing, analyzing or storing your personal data or other information. as necessary to provide the Services to you, and in each case, on our behalf and in accordance with the terms of this Policy.

WITH TRUSTED THIRD-PARTY SERVICE PROVIDERS : We engage third-party service providers to provide us with a variety of services and features, such as web server hosting, system maintenance, technical support, and marketing communications. We may share personal data with our service providers subject to confidentiality obligations consistent with this Policy and on the condition that service providers use your personal data only on our behalf and in accordance with our instructions.

INFORMATION SHARED THROUGH THIRD PARTY SOCIAL NETWORKS, WIDGETS AND OTHER INTEGRATED CONTENT: Some of our Services carry integrated content controlled by third parties that is used to share information through social networks or to view videos or images. When you interact with these services, they may collect information about you and your interaction with their content, including the URL of the web page you are visiting. This activity will be subject to the privacy policy and the configuration of the network or service of the third party in question. Please note that they may track your activity, even through the use of cookies or similar technology, without the need for you to interact with them. If this concerns you, be sure to log out of their services before using ours.

TO COMPLY WITH LEGAL REQUIREMENTS AND TO PROTECT USERS, US AND THIRD PARTIES: We disclose your personal data to third parties if we believe, in good faith, that such disclosure is necessary to (a) comply with applicable laws or to respond to subpoenas , court orders or similar processes that have been sent to us; (b) protect and defend our rights or property, those of our Users or third parties; or (c) guarantee the security of our Services, systems and of our clients and third parties.

IN CONNECTION WITH A BUSINESS TRANSFER: If we negotiate or complete a business transition, such as a merger, acquisition by another company, reorganization or sale of all or part of our assets, personal data may be transferred as part of that transaction in accordance with the applicable data protection law.

IF THE INFORMATION HAS BEEN ANONYMED : We may share personal data that has been anonymized or does not identify you, as well as personal data that you decide to make public, such as information published on public social media profiles. For example, we may develop information regarding Users of the Services, using anonymization processes to help ensure that their identification as an individual is no longer possible by either party. This Policy does not limit our use or disclosure of anonymized data in any way, and we reserve the right to use and disclose such data to our partners, advertisers, and any other third parties at our discretion.

INTERNATIONAL TRANSFERS AND TRANSMISSIONS: In the course of the processing of your personal data, your personal data may be transferred or transmitted outside of your country of origin, for example to the United States, even to countries that may be considered not to provide adequate protections for personal data. These transfers or transmissions support the processing of personal data described above. When we transfer or transmit personal data to other countries, we establish appropriate safeguards (such as international transmission agreements or standard contractual clauses approved by the local data protection authority) in accordance with relevant legal requirements. For more information about the warranties applied, contact us using the information provided in section 1.

HOW CAN YOU EXERCISE YOUR RIGHTS?
Diving Capital offers some account configuration tools for Users to manage their data.

EXERCISE OF RIGHTS : You may have certain rights with respect to your personal data, subject to local laws and the circumstances associated with the processing of the data. These may include rights to:

access your personal data that we process and details about our processing;
request that we correct or rectify inaccurate personal data;
request that we delete your personal data;
request that we limit the processing of personal data (for example, pending our assessment of the accuracy of personal data in response to a claim that the data is inaccurate);
request the portability of your personal data (i.e. receive a copy of certain personal data in a structured format for transmission to another organization
withdraw any consent given in support of the processing of personal data; and
submit a complaint to the local data protection authority.
Users can exercise such rights by sending a copy of the identification card or other equivalent document to prove their identity, together with the specific request to exercise certain right (s) to info@divingcapital.com.

We will respond to your request in the means and within the time period required by local law.

COMMERCIAL COMMUNICATIONS. You have the right to prevent us from communicating with you for marketing purposes at any time, as marketing communications may not be necessary for us to continue our legal relationship. When you receive promotional communications from us, you can indicate a preference to stop receiving additional promotional communications and will have the opportunity to opt out by following the unsubscribe instructions provided in the promotional email or by contacting us directly at info @ divingcapital. com email marketing preferences, we may still send you relationship and / or transactional (non-marketing) emails regarding the Services, including, for example,

GEOLOCATION: If you are accessing the Services through a mobile device and you do not want your device to provide us with location tracking information, do not allow your device to share this information with us or disable GPS or other location tracking features on your device. as long as your device allows you to. The device manufacturer should provide instructions on how to disable GPS or other location tracking features. If, initially, you consent to the collection of location information, you can subsequently stop our collection of location information at any time by changing the preferences on your mobile device or by uninstalling the application from your mobile device,

HOW LONG DO WE KEEP THE INFORMATION?
We keep the personal data of the Users for as long as is necessary to provide them with access to the Service that they have contracted or to which they have requested access. After that time, we will keep your personal data for as long as is necessary for legal or regulatory compliance, or to support the purposes described in this Policy. In determining the applicable retention period, we consider the objectives described above and take into account the limitation period of the country in which you are located for the presentation and defense of legal claims, as well as our legal and regulatory obligations.

ANOTHER QUESTIONS
CHANGES IN THE POLICY. We may change this Policy from time to time. If we make changes, we will notify you by posting the updated Policy and reviewing the «Effective Date» referenced. If we make any material changes to this Policy, we may also notify you by email and request your consent, if necessary. We invite you to review the Policy each time you use our Services to stay informed about our information practices and the options available to you.

Use of the Services after the Posted Effective Date means that you agree to the current version of the Policy, including changes made prior to the Posted Effective Date.

LINKS TO THIRD PARTY WEBSITES. Links to third-party websites may be made available through the Services. By clicking on such links or advertisements, you will be redirected to the third party’s website or app. We are not responsible for the privacy practices or the content of such websites. Any personal data that you provide to such sites is subject to the privacy policies of those websites and will not be covered by this Policy. Diving Capital will not be responsible or assume any responsibility for the actions and policies of any third party company or entity. We invite you to read the privacy policies of each website you visit or application you use. This Policy applies only to personal data collected by us through the Services and does not apply to third party websites or applications. The ability to access third party information from the Services and to link to other websites and locations on the Services is for your convenience and does not mean that we endorse such third parties, their products, their services, their websites and locations. or content that is available on the Services or on their websites and locations.

SECURITY MEASURES: We are committed to protecting the security of your personal data. We use a variety of industry standard security technologies and procedures to help protect your personal data from unauthorized access, use or disclosure. These measures comply with the requirements established by law and vary depending on the sensitivity of the information we collect. However, despite our efforts, no security measure is perfect and inviolable. Please note that any communication you send to the Services may be exposed to hostile network attacks or administrative errors. Consequently, Diving Capital cannot and does not guarantee that the information you provide is completely secure and safe from such risks.

OTHER JURISDICTIONS: You choose to access the Services and / or request Promotions at your own expense and you are responsible for compliance with local laws to the extent that relevant local laws apply. Diving Capital may also limit the availability of its services.

PLAYA DEL CARMEN, MÉXICO.

* PRICE INCLUDES: transportation from Playa del Carmen, trained personal guide, snacks at sea, lunch in the cenote, drinks, entrance fees, boats, complete equipment for TWO dives that includes: BCD, wetsuit, fins, mask, snorkel, belt, lead, tank and regulator.

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