Introduction
SCUBAMASTER® and its affiliated companies (“the SCUBAMASTER Companies” and “SCUBAMASTER”) are committed to respecting the privacy of customers – including participants of the SCUBAMASTER Companies’ Experience and Training Programs (“Training Programs”), SCUBAMASTER Club™ and SCUBAMASTER Travel, persons making inquiries, and visitors to the SCUBAMASTER websites ScubaMaster.com, travel.ScubaMaster.com and scubaearth.com .
SCUBAMASTER understands that your privacy is important to you, and is committed to respecting and protecting your personal data, which is any information that is capable of identifying you as an individual person. This Privacy Policy covers personal information that may be provided to or obtained by SCUBAMASTER during such interactions and describes how it will handle and protect your personal data in connection with your interactions with SCUBAMASTER, in its capacity as data controller. Specific to SCUBAMASTER’s personal data privacy policies and security procedures, as noted in various specific portions of this Privacy Policy, SCUBAMASTER is compliant with the privacy requirements and regulations of the EU’s General Data Protection Regulations (“GDPR”); the California Consumer Protection Act of 2018 (“CCPA”); and Canada’s Anti-Spam Law (“CASL”), as affects residents of the respective areas covered by those regulations.
Additionally, in relation to SCUBAMASTER’s role as a data controller, SCUBAMASTER Individual Professional Members and SCUBAMASTER Dive Retail and Resort Members may act as co-data controllers, as well as data processors on behalf of SCUBAMASTER, especially within the SCUBAMASTER Diver training and certification process. SCUBAMASTER itself also serves as a data processor, such as when one of the SCUBAMASTER Companies processes personal information on behalf of another SCUBAMASTER Company.
Please see also the Terms of Service associated with the various SCUBAMASTER sites, apps and programs for more information about SCUBAMASTER’s general terms and policies.
SCUBAMASTER may also automatically collect information about the devices you use to interact with SCUBAMASTER’s websites. The information automatically collected may include IP address, device identifier, web browser and browsing information collected through cookies, web beacons, pixels, clear gifs and other similar technologies (collectively “Cookies and Other Tracking Technologies” and “Cookies”) on SCUBAMASTER’s sites. SCUBAMASTER may also automatically collect information about how you use the sites, such as what you have searched for and viewed. The information automatically collected will be associated with any personal data you have provided.
The statement in this Policy called “California Residents” contains additional disclosures for California residents. The statement supplements the rest of this Policy, but to the extent it conflicts with other parts of this Policy, the statement governs with respect to California residents.
Summary Of Collection And Use of Information
The personal data SCUBAMASTER collects is used for SCUBAMASTER’s commercial, legal and business purposes. Depending on applicable law in your area, that use may be limited to what your specific consent allows, or when SCUBAMASTER has a legitimate interest or other legal basis for processing and using such information. In some situations, the collection of personal data may be required for the operation of the sites or to provide certain services or products. SCUBAMASTER uses your personal data to fulfill your requests for information, process your requests to participate in training programs and other activities, evaluate and improve SCUBAMASTER’s services, distribute safety alerts, newsletters, and diver training-related correspondence and materials to you, analyze the sites’ performance and functionality, prevent fraud, enforce SCUBAMASTER’s various terms of service, comply with all applicable laws and corporate reporting obligations, enforce SCUBAMASTER’s agreements and accomplish other purposes you may initiate or request. SCUBAMASTER may keep any of your personal data on file and use it to contact you.
SCUBAMASTER may use first and third-party Cookies and Other Tracking Technologies to manage its sites and its services, and to collect analytics about how you use them. The information provided throughout this Privacy Policy about Cookies also applies to these other tracking technologies. Please refer to the Cookie information herein for more details regarding SCUBAMASTER’s use of Cookies.
As is explained following, the information obtained by SCUBAMASTER during various types of interactions may be treated differently.
Sale Or Disclosure Of Personal Information
SCUBAMASTER does not sell consumers’ personal information.
SCUBAMASTER discloses personal information to some of its vendors for business purposes. Where necessary and appropriate, SCUBAMASTER takes steps to ensure that its agreements with those vendors prohibit them from selling that personal information and from retaining, using or disclosing it for any purpose other than the purposes for which SCUBAMASTER engages them. SCUBAMASTER may otherwise disclose personal information at the consumer’s direction or as might be required by legal due-process.
Within the past 12 months, SCUBAMASTER disclosed for a business purpose the following categories of personal information:
• Identifiers (customer number held in a cookie, Internet Protocol (IP) address, unique device identifier, browser cookies, web beacon, pixel tag)
• Internet activity (User agent, referrer)
Your Rights
Consumers have the right to make the following requests to covered businesses. The requests may be made by a consumer, by a consumer on behalf of the consumer’s minor child, or by a person authorized by the consumer to act on the consumer’s behalf:
Right To Know About Collection, Disclosure or Sale of Personal Information
You have the right to request that a business disclose to you: (i) the categories and specific pieces of personal information the business has collected about you within the past 12 months, (ii) the categories of sources from which the personal information is collected, (iii) the business or commercial purposes for collecting or selling personal information, and (iv) the categories of third parties with whom the business shares personal information.
If a business sells personal information, or discloses it for a business purpose, you also have the right to request that the business disclose the following with respect to the 12-month period preceding your request: (i) the categories of personal information that the business sold about you and the categories of third parties to whom the personal information was sold, and (ii) the categories of personal information that the business disclosed about you for a business purpose.
This type of request may be referred to as a “Request to Know.” Before SCUBAMASTER can honor a Request to Know, SCUBAMASTER needs to verify that the person making it is the consumer whose personal information SCUBAMASTER has. SCUBAMASTER’s method for verifying any particular request weighs information SCUBAMASTER receives as part of the request, the sensitivity of the consumer information at issue, and the risk of harm to the consumer from unauthorized disclosure.
Right to Request Deletion of Personal Information
You have the right to request that a business delete any personal information that the business has collected from you. This type of request may be referred to as a “Request to Delete.”
Before SCUBAMASTER can honor a Request to Delete, SCUBAMASTER needs to verify that the person making the request is the consumer whose personal information SCUBAMASTER has. SCUBAMASTER’s method for verifying any particular request weighs information SCUBAMASTER receives as part of the request, the sensitivity of the consumer information at issue and the risk of harm to the consumer from unauthorized deletion.
SCUBAMASTER is not required to delete personal information if SCUBAMASTER still needs it in order to complete the transaction for which the information was collected, provide a good or service requested by you (or that SCUBAMASTER reasonably anticipates based on the relationship with you), perform a contract with you, comply with legal obligations, or accomplish any other objective recognized as an exception to the right to deletion under applicable law.
Collection And Use Of Personal Information For Specific Purposes (Global)
Participants in Training Programs
What information do the SCUBAMASTER Companies obtain?
For participants in Training Programs, SCUBAMASTER may obtain participant name, mail address, telephone number, email address, gender, birth date, certification/participation date, certification level, associated SCUBAMASTER Member name(s) (individual professional and business members) and member number(s).
How is the information used?
SCUBAMASTER will use participant information in the SCUBAMASTER Quality Management process, in which participants may be sent program evaluation forms and related correspondence. The information will also be used to send participants the appropriate Training Program completion materials, as well as for dive safety-related alerts and for research and statistical purposes.
Additionally, participant information may be used by SCUBAMASTER to promote additional training programs and opportunities. Further, from time to time, participant information may be provided to SCUBAMASTER Members and industry partners for the purpose of promoting diving, training and dive-related products and services that SCUBAMASTER feels may be of interest to participants. SCUBAMASTER will not, however, mail to participants who are not SCUBAMASTER professional members for the purpose of directly selling SCUBAMASTER’s educational products or programs in competition with SCUBAMASTER Member Retailers/Resorts. Further, SCUBAMASTER will not sell, trade or lease student names and addresses to any third party for the purpose of selling or promoting any product in competition with SCUBAMASTER Member Retailers/Resorts, except with prior notice and voluntary participation by the individual SCUBAMASTER Member Retailers/Resorts.
Participant information may also be provided to Project AWARE Foundation, a nonprofit organization, for the purpose of its providing environmental information and opportunities.
SCUBAMASTER eLearning® Programs
SCUBAMASTER, your chosen SCUBAMASTER Dive Center/Resort and/or SCUBAMASTER Instructor, and Digitec Interactive, LLC, Adobe and DPS believe that your privacy is critical, which is why SCUBAMASTER has developed this portion of the privacy policy to explain SCUBAMASTER’s practices regarding the use and disclosure of information SCUBAMASTER may obtain from SCUBAMASTER eLearning users.
Digitec Interactive, LLC is the company with which SCUBAMASTER has partnered to manage the digital processes that support SCUBAMASTER eLearning, including registration, secure access, the completion of knowledge reviews, the necessary emails, etc. This Learning Management System (LMS), developed by Digitec Interactive, LLC, is KnowledgeDirect WEB. Domiknow, Adobe Experience Manager and DPS help support the user experience.
The SCUBAMASTER Dive Center/Resort (hereinafter “Facility”) is the facility, and the SCUBAMASTER Instructor (hereinafter “Instructor”) is the instructor, one of which you will have selected to associate with while completing your SCUBAMASTER eLearning program.
Your personal information is your business, and SCUBAMASTER promises not to knowingly disclose this information to anyone without your consent. SCUBAMASTER pledges to maintain your privacy both during and following your use of SCUBAMASTER eLearning. SCUBAMASTER will treat your personal data with the highest standards of safety, security and confidentiality. By accessing or using SCUBAMASTER eLearning, you agree to the applicable terms of the SCUBAMASTER Privacy Policy. SCUBAMASTER reserves the right to change such privacy policies from time to time at SCUBAMASTER’s sole discretion. Your use of SCUBAMASTER eLearning products will be subject to the most current version of the privacy policies at the time of such use.
What information do the SCUBAMASTER Companies obtain?
When you register with SCUBAMASTER eLearning, your personal information is tracked in a database and is accessible by your chosen Facility and its affiliated SCUBAMASTER Instructor or your chosen Instructor, SCUBAMASTER and Digitec Interactive, LLC. In addition, your scores, completion data and other performance standards are collected. These data are also accessible to these same entities.
The credit card transaction information (mailing address, credit card number, credit card expiration date and phone number) used in for your SCUBAMASTER eLearning is processed on a secured site and is neither accessible nor made available to your facility, instructor, or to Digitec Interactive, LLC. This information is only accessible by SCUBAMASTER.
When you submit personal information via SCUBAMASTER eLearning, you understand and agree that this information may be transferred across national boundaries and may be stored and processed in any of the countries in which the Facility, the Instructor, SCUBAMASTER, Digitec Interactive, LLC, Adobe, DPS and their affiliates and subsidiaries maintain offices, including without limitation, the United States. You also acknowledge that in certain countries or with respect to certain activities, the collection, transferring, storage and processing of your information may be undertaken by trusted third-party vendors.
How is the information used?
Email addresses are collected from those who communicate with SCUBAMASTER through SCUBAMASTER eLearning, the facility and KnowledgeDirectWEB, such as from site registration. Notwithstanding the information provided in other parts of this Privacy Policy, SCUBAMASTER will not share any information with third parties unless they have agreed to maintain the confidentiality, security, and integrity of the personal information they obtain from SCUBAMASTER. SCUBAMASTER may also share aggregate or summary information regarding its users with partners or third parties. These activities will be undertaken in accordance with governing laws and regulations and will not disclose individual information.
In addition, SCUBAMASTER eLearning/KnowledgeDirectWEB allows the facility or instructor to upload content to the site for viewing by SCUBAMASTER eLearning/KnowledgeDirectWEB users. SCUBAMASTER cannot be held accountable for files uploaded by third parties that result in software problems or the transmission of viruses.
By using SCUBAMASTER eLearning, and when required, providing verifiable parental consent, you agree to the collection and use of the information you (and your child, with your permission) provide to SCUBAMASTER, your chosen SCUBAMASTER Dive Center/ Resort, Digitec Interactive LLC and KnowledgeDirectWEB, Dominknow, Adobe and DPS, as described in this Privacy Policy statement. If SCUBAMASTER decides to change its privacy policy, it will post those changes on this page so that you are always aware of what information SCUBAMASTER collects, how it is used and under what circumstances SCUBAMASTER will disclose it. As SCUBAMASTER implements new technology and introduces new services, this Privacy Policy will be updated, so SCUBAMASTER encourages you to review it often.
Special Considerations Regarding Children Younger Than Thirteen Years of Age/Sixteen Years of Age in the EU
SCUBAMASTER collects participant information regarding children younger than 13 years of age/16 years of age in the EU who participate in Training Programs, with such participation requiring parental approval. Except for the purposes of providing program completion materials and administering the SCUBAMASTER Quality Management process, information from such children is kept private, is not used by SCUBAMASTER and is not provided for use by any third party at any time.
While SCUBAMASTER cannot prevent children younger than 13 years of age/16 years of age in the EU from viewing the SCUBAMASTER websites or SCUBAMASTER Club, such children may not use or register for the services offered on the sites, or on SCUBAMASTER Club. SCUBAMASTER strongly encourages parents and guardians to supervise the activity of all children younger than 18 years of age in their use of the internet. SCUBAMASTER is compliant with the Children’s Online Privacy Protection Act of 1998 (COPPA). For more information on COPPA, visit: http://www.coppa.org.
Emergency First Response Corp. (EFR®) Programs
Emergency First Response Corp. (“EFR”), as one of the SCUBAMASTER companies, adheres to the overall SCUBAMASTER Privacy Policy, and uses SCUBAMASTER’s normal materials and processes for the collection, use, retention and elimination of private data collected from students and others interacting with it, as described herein.
Persons Making Inquiries to the SCUBAMASTER Companies
What information do the SCUBAMASTER Companies obtain?
From persons making inquiries to SCUBAMASTER, only the information provided by the inquirer is obtained.
How is the information used?
Information obtained from persons making inquiries is used to respond to such inquiries but is not used in any other manner. Such information is stored according to SCUBAMASTER’s normal document retention guidelines and is not provided to third parties.
Cookies And Other Tracking Technologies
SCUBAMASTER uses Cookies and similar technologies like pixels and tags to ensure that visitors have the best possible experience on ScubaMaster.com and other sites. A Cookie is a small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card, recording your passwords, purchases and preferences. It can’t be executed as code or deliver viruses.
Most browsers are initially set to accept Cookies. You can set your browser to notify you when you receive a Cookie, giving you the chance to decide whether or not to accept it. (For some web pages that require an authorization, Cookies are not optional. Users choosing not to accept Cookies will probably not be able to access those pages, and may be precluded from ordering or from maintaining an account on the site.) If you use ScubaMaster.com or other SCUBAMASTER sites without changing your browser settings, SCUBAMASTER will assume that you’re happy to receive all Cookies on the website.
Trusted partners like DoubleClick help SCUBAMASTER serve advertising on and off SCUBAMASTER’s sites. Analytics companies like Google Analytics, Facebook, Salesforce, Adroll and Silver pop may also place Cookies on your machine. Please read their privacy policies to ensure that you’re comfortable with the manner in which they use Cookies.
What types of Cookies does SCUBAMASTER use?
SCUBAMASTER uses two types of Cookies – persistent and session. A persistent Cookie is set once you’ve logged in to your SCUBAMASTER account. The next time you visit a SCUBAMASTER website using the same device, the persistent Cookie recognizes you as an existing user, so you may not need to log in before using the services of your SCUBAMASTER account.
A session Cookie is used to identify a particular visit to the website. Session Cookies expire after a short time, or when you close your web browser.
When does SCUBAMASTER put Cookies on your device?
Cookies may be set by SCUBAMASTER when you visit a SCUBAMASTER website, or they may be set by other websites or services who run content on the page you’re viewing (known as third-party Cookies).
How are Cookies used on SCUBAMASTER websites?
Cookies can be used to do lots of different things, like recognizing you when you navigate, storing your preferences and improving your experience. Cookies also make your interactions with SCUBAMASTER more secure and faster, and help ensure that your experience is personalized to you and in line with your settings. Additionally, Cookies allow SCUBAMASTER to bring you advertising both on and off ScubaMaster.com and other sites, and bring customized features to you through SCUBAMASTER plugins such as SCUBAMASTER’s share button.
SCUBAMASTER uses Cookies for a number of additional purposes, including:
• Security – SCUBAMASTER uses Cookies to support or enable security features and to help detect malicious activity and violations of User Agreements.
• Preferences, Features and Services – SCUBAMASTER uses Cookies to know which language you prefer, what your communications preferences are, and they help you fill out forms on SCUBAMASTER sites. Plus, they provide you with features, insights, and customized content through our plugins.
• Advertising – SCUBAMASTER may use Cookies to show you relevant advertising both on and off the ScubaMaster.com and other sites. SCUBAMASTER may also use Cookies to learn whether visitors who saw an ad on a SCUBAMASTER site later visited the advertiser’s site. Similarly, SCUBAMASTER’s partners may use Cookies to determine whether SCUBAMASTER has shown an ad and how it performed, or to provide SCUBAMASTER information about how you interacted with them. SCUBAMASTER may also work with a partner to show you an ad on or off a SCUBAMASTER site, such as after you’ve visited a partner’s site or application. Cookies and ad technology such as web beacons, pixels, and anonymous ad network tags help SCUBAMASTER more effectively serve ads to you, as well as to collect aggregated auditing, research and reporting for advertisers. Note: Because your web browser may request advertisements and web beacons directly from ad network servers, those networks can view, edit or set their own Cookies, just as if you had requested a web page from their site.
• Performance, Analytics and Research – SCUBAMASTER sites use Cookies to help SCUBAMASTER learn how well its sites and plugins perform across the globe. SCUBAMASTER also uses Cookies to understand, improve, and research products, features, and services, including when you access SCUBAMASTER sites from other websites, applications or devices such as your work computer or your mobile device.
Most browsers allow you to control Cookies through their settings preferences. Limiting the ability of websites to set Cookies, however, may worsen your overall user experience.
Does SCUBAMASTER track IP addresses?
As part of the statistical tracking of SCUBAMASTER sites, information about visitors’ devices and browsers are collected, such as browser version and type, IP address, website referred from and country of visitor.
GPS Data
When the SCUBAMASTER obtains information concerning an individual’s location through GPS data, such as when certain custom SCUBAMASTER Dive Shop Locator functions that show the nearest SCUBAMASTER Dive Center or Resort are accessed, the information specific to the user is utilized by SCUBAMASTER solely for that purpose and is kept by SCUBAMASTER only long enough to provide the specific service used. Aggregate information, which does not include any individually identifiable data, is compiled, however, for the purpose of establishing trends, search frequency, regional activity, etc.
Use of Information Collected Via Mobile Devices
In connection with its mobile applications, SCUBAMASTER may use third-party service providers to analyze non-personally identifiable user activity to fix errors, monitor usage and improve the performance of the mobile applications. For example, SCUBAMASTER receives reports on some of its mobile applications’ aggregate usage and browsing patterns, including information about the type of device used, articles accessed and other events occurring within SCUBAMASTER apps. SCUBAMASTER also receives reports on certain errors occurring within mobile applications. None of these third party service providers gathers information in a manner intended to identify any particular user personally.
Data Recipients and International Data Transfers
Personal data collected on the SCUBAMASTER sites may be transferred from time to time to SCUBAMASTER subsidiaries and affiliates and their personnel across the global organization, as well as to SCUBAMASTER’s third-party service providers located throughout the world, including in countries where the local law may grant you fewer rights than you have in your own country. Additionally, user data may be viewed and hosted by SCUBAMASTER and its third-party service providers anywhere in the world. Where required by law, SCUBAMASTER has put in place legal mechanisms designed to ensure adequate data protection of your personal data that is processed by SCUBAMASTER subsidiaries, affiliates and third- party service providers, including the transfer of your personal data to countries other than the one in which you reside. If you would like more information about these legal mechanisms, which may include the EU’s Standard Contractual Clauses, please contact your regional SCUBAMASTER office at the addresses below. By using any of the SCUBAMASTER programs, services and sites and providing information to any of them, you voluntarily consent to such trans-border transfer and hosting of such information.
SCUBAMASTER will not intentionally disclose or transfer (and will take reasonable steps to prevent the unauthorized or accidental disclosure of) your personal data to third parties without your consent, whether for such third parties’ own marketing purposes or otherwise, except as follows: SCUBAMASTER may provide access to your personal data to third-party service providers engaged by SCUBAMASTER to provide services related to programs, services and sites, provided that such third- party service providers will first agree to maintain the strict confidentiality of such information and provide the same level of data security as provided by SCUBAMASTER.
SCUBAMASTER may also may share your personal data with third-party service providers who perform services and functions on SCUBAMASTER’s behalf to support interactions with you, including, for example, processing Training Program documents, administering surveys and contests or communicating with you. These third-party service providers are not permitted to use or disclose your personal data except as necessary to perform services on SCUBAMASTER’s behalf or to comply with legal requirements.
In addition, SCUBAMASTER may disclose information about you:
If required to do so by law or legal process;
• To law enforcement authorities or other government officials;
• When SCUBAMASTER believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity;
• If disclosure is necessary to protect the vital interests of a person;
• To enforce SCUBAMASTER’s various policies and Terms of Use;
• To protect SCUBAMASTER’s property, services and legal rights;
• To prevent fraud against the SCUBAMASTER Companies and/or business partners;
• To support auditing, compliance and corporate governance functions; or
• To comply with any and all applicable laws.
SCUBAMASTER maintains processes designed to ensure that any processing of personal data by third-party service providers is consistent with this Privacy Policy and protects the confidentiality, availability and integrity of your personal data.
In addition, SCUBAMASTER may disclose or transfer your personal data in the event of a re-organization, merger, sale, joint venture, assignment or other transfer or disposition of all or any portion of SCUBAMASTER’s business.
SCUBAMASTER’s Data Retention Policy
SCUBAMASTER retains personal data, as necessary, for the duration of the relevant relationship. SCUBAMASTER may also retain personal data for longer than the duration of the relationship should it be needed to protect SCUBAMASTER against legal claims, for analysis or historical record-keeping or to comply with SCUBAMASTER’s information management policies and schedules. If you request that SCUBAMASTER delete your personal data, SCUBAMASTER will make reasonable attempts to delete all instances of the information in their entirety. For requests for access, corrections or deletion, please refer to the “Your Rights” section of this Privacy Policy.