Algemene Voorwaarden & Privacy Policy

This policy is issued by Gift Encounters N.V. with trade name Ocean Encounters Curaçao (“we”) and is addressed to individuals with whom we interact, including individual customers, intermediaries, booking agents, vendors, employees and other recipients of our services (together, “you”).

This policy describes how we collect, hold, use and disclose personal information that you provide, is provided on your behalf or is collected by us. We are subject to the privacy and data protection laws that may be applicable in Curaçao. This policy should not be viewed as a supplement to such local privacy laws and will not vary or diminish our obligations under the applicable local privacy laws. To the extent this policy conflicts with any provisions of local privacy laws, such local privacy laws will take precedence over this policy.

This policy may be amended or updated at our discretion from time to time to reflect changes in our practices with respect to the processing of personal data, or any changes in applicable law.

1.     Personal data

The categories of personal data about you that we may process, subject to applicable law, are as follows:

• Personal details: name(s); date of birth; age; id.
• Contact details: telephone number; email address; fax; local accommodation details.
• Dive education details: certification level, certification agency.
• Financial details: company name; billing address; bank account numbers; credit card numbers; cardholder or accountholder name and details.
• Electronic identifying data: IP addresses; cookies; activity logs; online identifiers; unique device identifiers; and geolocation data.
• On behalf of third party certification agencies or service providers: medical waiver details (see also their privacy declarations on their respective websites).

2.     Collection of personal data

We collect or obtain personal data about you from a variety of sources as follows:

• Directly from you; or
• Via a third party service provider i.e. booking agent, intermediary; or
• When you visit our website or use any features or resources available on or through our website. When you visit our website, your device and browser may automatically disclose certain information i.e. via cookies (such as device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site and other technical communications information), some of which may constitute personal data.
• Cookies – a cookie is a small file that is placed on your device when you visit a website (including our website). It records information about your device, your browser and, in some cases, your preferences and browsing habits. We may Process your personal data through cookie technology.

3.     The legal basis for processing your personal data

We seek to collect or otherwise process your personal data, for the following legal basis:

• The processing is necessary for compliance with a legal obligation under a contract with you;
• We have, in accordance with applicable law, obtained your explicit consent prior to processing your personal data (as above, this legal basis is only used in relation to processing that is entirely voluntary – it is not used for processing that is in any way necessary or obligatory); or
• Processing is necessary for reasons of substantial public interest and occurs the basis of an applicable law that is proportionate to the aim pursued and provides for suitable and specific measures to safeguard your fundamental rights and interests.

4.     Purposes for which we may process your personal data

The purposes for which we may process personal data are:

• Maintaining and updating your contact information where appropriate;
• Marketing and promotional activities;
• Providing you with information or assistance that you request from us;
• Providing you with the services requested;
• Notifying you about changes to our services;
• Quality assurance and training purposes;
• Complying with our legal and regulatory requirements.

5.     Disclosure of personal data to third parties

We 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. As long as those parties agree to keep this information confidential, we may disclose your personal data, to:

• Accountants, auditors, financial advisors, lawyers and other outside professional advisors;
• Trusted third party processors, who assist with operating the website, payment services providers; etc.

We may also disclose your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

6.     Data security

We have implemented appropriate technical and organizational security measures designed to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, unauthorized access, and other unlawful or unauthorized forms of processing, in accordance with applicable law.

7.     Retention of your personal data

We will retain your personal data in accordance with our data retention policy.

8.     Rights to access, rectification, erasure, restriction of processing

Subject to applicable law, you may have the right on legitimate grounds to request access, rectification, erasure, and/or restriction of processing to your personal data.

9.     Your consent

By using our site, you consent to our data privacy policy.

10.  Disclaimer website

The data contained in this website www.oceanencounters.com is intended to provide general information to the public. Reasonable skill and care has been used in producing the website and keeping the data updated. However, we do not guarantee that all data on the website s accurate, complete or up-to-date. We accept no responsibility or liability for any errors, omissions, or inaccuracies, in the information provided, nor for any loss, damage, injury or expense, suffered or incurred as a result of reliance on the information on this website. The data on the website does not constitute legal advice nor is intended to address the specific circumstances of any particular legal or natural person.

This website may be amended or updated at our discretion from time to time without notice in order to provide accurate content. If you find a mistake or something that should not be there, please contact info@oceanencounters.com.

This website www.oceanencounters.com and any content contained herein may not be copied, modified, transmitted, distributed, sold, displayed, licensed, or reproduced in any way by you without our express written permission.

11.  Jurisdiction

All agreements and legal relationship with the client is under the Curaçao law. Venue for any and all disputes that may arise between the customer and Ocean Encounters Curaçao will be submitted to a court of competent jurisdiction in Willemstad, Curaçao.

12.  Contact details

If you have  any comments,  questions   or concerns  about  our processing  of personal data,  please contact info@oceanencounters.com