Personal Data (Privacy) Policy Statement (“Privacy Policy”)
KeepDiving.com Ltd. and/or its subsidiary(ies) and/or affiliates (hereinafter collectively referred to as the “Company”; if the context requires or permits, “Company” may refer to any one of KeepDiving.com Ltd. and/or its subsidiary(ies) and/or affiliate(s)) pledges to meet fully with the requirements of the Personal Data (Privacy) Ordinance, Chapter 486 of the Laws of Hong Kong. In doing so, the Company will ensure compliance by its staff to the strictest standards of security and confidentiality in respect of all personal information and data submitted by users via KeepDiving.com, its sub-domains, any other websites, media platforms or applications and mobile webs operated/developed by the Company (hereinafter singly or collectively referred to as the “Channels” ) and the Company will not release such information to anyone without the prior consent of the relevant user(s) of the Channels (whether registered or not) (“User(s)”) except to the authorized persons listed under Section 3 below titled “Disclosure or Transfer of Data”.
Users are strongly recommended to read this Privacy Policy carefully to have an understanding of the Company’s policy and practices with regard to the treatment of personal information and data provided by the Users on the Channels. This Privacy Policy is applicable to both registered and non-registered Users, and the provisions herein may be updated, revised, varied and/or amended from time to time as the Company deems necessary.
If Users have questions or concerns regarding this Privacy Policy, they should first contact the Customer Relationship Executive of the Company, whose contact details are set out under Section 15 entitled “Enquiries” below.
In the course of using the Channels, Users may disclose or be asked to provide personal information and/or data. In order to have the benefit of and enjoy various services offered by the Channels, it may be necessary for Users to provide the Company with their personal information and/or data. Although Users are not obliged to provide the information and/or data as requested on the Channels, the Company will not be able to render certain services on the Channels in the event that Users fail to do so.
The Company’s purposes for collection of information and data on the Channels include but not limited to the following:
a. for the daily operation of the services provided to Users;
b. to identify Users who have posted advertisements, materials, messages, photos, views or comments or such other information (collectively “Information”) on the Channels;
c. to identify Users who have viewed the Information posted on the Channels;
d. to provide Users with the services of the Company;
e. to verify the identity of Users who have used services provided by the Channels;
f. to handle and follow up service calls, enquiries, requests and complaints;
g. to provide Users with event information, marketing and promotional materials (for further details, please refer to paragraph 4 headed “Subscription of Newsletter/Promotional Materials/Marketing Materials” below);
h. to identify Users who have enjoyed their benefits as members of the Channels by receiving and using marketing and promotional materials;
i. to provide Users with platforms and forum for posting photos, sharing and discussing their insights in respect of services or products related to diving;
j. to allow members of the Channels to enjoy their benefits as members by enrolling for special events hosted by the Company;
k. to contact Users regarding administrative notices and communications relevant to the Users’ account maintained with the Company (if any), and/or regarding notifications and confirmation in connection with their uses of any of the services offered by the Company via the Channels;
l. to design, develop and improve products and services provided to Users;
m. to compile and analyse aggregate statistics about the Users’ use of the Channels and service usage by the Users for the Company’s internal use;
n. to facilitate the Company to use the Users’ personal data for purposes relating to the provision of services offered by the Company and marketing services, special events and/or promotions of the Company and/or its clients;
o. to enforce the Terms and Conditions and other rights of the Company;
p. to comply with legal obligations and as otherwise agreed by Users as required or permitted by applicable law;
q. for any other purposes relating to the purposes stated above.
The Company will never knowingly collect Personal Information from individuals under the age of thirteen (13) without first obtaining verifiable parental consent. If the User is under the age of 13, he/she should not provide information to the Company. If the Company becomes aware that a person under 13 has provided personal information to the Company without verifiable parental consent, the Company will delete that information as quickly as possible. If any User believes that the Company might have any information from or about a child under 13, please contact the Company at [email protected]
The Company strives to only collect personal data which is necessary and adequate but not excessive in relation to the purposes set out hereinabove.
If the Company requires the use of Users’ personal data for a purpose other than those set out hereinabove, the Company may request the Users’ prescribed consent to the same. If User is a minor, the prescribed consent should be given by his/her parent or guardian.
The Company may collect personal information and/or data about a User such as his/her name, log-in ID and password, address, email address, phone number, age, sex, date of birth, country of residence, nationality, education level and work experience that is/are not otherwise publicly available. Occasionally, the Company may also collect additional personal information and/or data from a User in connection with contests, surveys, or special offer.
The Company automatically collects some information from Users’ computers or devices when Users visit the Channels. For instance, the Company will collect Users’ IP address, web browser software and referring websites. The Company may also collect information about Users’ activities conducted via the Channels, such as content viewed, pages visited, and searches and/or services used.
When Users use the Channels on a device, the Company will additionally collect information about the Users’ location if Users have set their devices to send such information to the Channels via the privacy settings on their devices, or if Users have uploaded photos tagged with information regarding their location. The Company may use the information regarding the location collected from the Users’ devices or photos to enhance their use of the Channels by providing them with relevant content.
Only duly authorized staff of the Company will be permitted to access the Users’ personal information and data, and the Company shall not release such personal information and data to any third parties save and except for the circumstances listed out under the Section 3 entitled “Disclosure or Transfer of Data” below.
The Company agrees to take all practicable steps to keep all personal information and data of Users confidential and/or undisclosed, subject to the following.
Generally speaking, the Company will only disclose and/or transfer Users’ personal information and/or data to the Company’s personnel and staff for the purposes as set out in Section titled “Purpose of Collection of Personal Data” above. However, the Company may disclose and/or transfer such information and/or data to third parties under the following circumstances:
a. where the information and/or data is disclosed and/or transferred to any agents or associates of the Company who have been duly authorized by the Company to use such information and/or data;
b. where permitted under the “Terms and Conditions”;
c. where the Company needs to protect and defend its rights and property;
d. where the Company considers necessary to do so in order to comply with the applicable laws and regulations, including without limitation compliance with a judicial proceeding, court order, or legal process served on the Channels; and
e. where the Company deems necessary in order to deliver the services that the Company offer and to maintain and improve the services on the Channels.
f. where the Company may disclose or transfer Users’ information to a third party if the Company sells, transfers, divests, or discloses all or a portion of its business or assets to another company in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding. Such third party will have to comply with the appropriate confidentiality and security measures.
Personal data collected via the Channels may be transferred, stored and processed in any country in which the Company operate. By using the Channels, Users are deemed to have agreed to, consented to and authorized the Company to disclose and/or transfer their personal information and data under the circumstances stated above, as well as to any transfer of information (including the Information) outside of the Users’ country.
The Company may from time to time send to members and Users of the Channels, by way of emails and/or short message service (SMS) notifications, newsletters, marketing and promotional materials and information regarding the Company or its third-party advertisers’ products, services and the like based on the personal information and data that the Users have provided to the Company. The Company may use Users’ data in direct marketing and the Company requires the Users’ consent (which includes an indication of no objection) for that purpose. In this connection, please note that:
a. the name, log-in ID and password, contact details, age, sex, date of birth, country of residence, nationality, education level and work experience of Users held by the Company from time to time may be used by the Company and/or its authorised personnel or staff in direct marketing;
b. the following classes of services, products and subjects may be marketed:
diving related products and services;
travel related products and services;
special events hosted by the Company for members and Users, including but not limited to courses, workshops, and competitions;
reward, loyalty or privileges programmes and related products and services;
special offers including coupons, discounts, group purchase offers and promotional campaigns;
products and services offered by the Company and its advertisers (the names of such entities can be found in the relevant advertisements and/or promotional or marketing materials for the relevant products and services, as the case may be);
donations and contributions for charitable and/or non-profit making purposes;
c. The above products, services and subjects may be provided or (in the case of donations and contributions) solicited by the Company and/or:
third party service providers providing the products, services and subjects listed in paragraph (b) above; and
charitable or non-profit marking organizations;
d. in addition to marketing the above services, products and subject itself, the Company also intends to provide the data described in paragraph (a) above to all or any of the persons described in paragraph (c) above for use by them in marketing those services, products and subjects, and the Company requires the Users’ written consent (which includes an indication of no objection) for that purpose;
e. the Company may receive money or other property in return for providing the data to the other persons in paragraph (d) above and, when requesting the Users’ written consent as described in paragraph (d) above, the Company will inform the Users if the Company receives any money or other property in return for providing the data to the other persons.
Suitable measures are implemented to make available to such members the options to “opt-out” of receiving such materials. In this regard, Users may choose to sign up or unsubscribe for such materials by logging into the membership registration or user account maintenance webpage, or clicking on the automatic link appearing in each newsletter/message, or contact the Customer Relationship Executive of the Company, whose contact details are set out under Section 14 entitled “Enquiries” below.
Such “opt-out” as mentioned above will not affect your ability to receive from the Company fundamental notifications and correspondence (viz. not of marketing or promotional nature) in relation to your use of the services provided by the Company.
The Company does not collect any personally identifiable information from any Users whilst they visit and browse the Channels, save and except where such information of the Users is expressly requested. When Users access the Channels, the Company records their visits only and do not collect their personal information or data. The Channels’ server software will also record the domain name server address and track the pages the Users visit and store such information in “cookies”, and gather and store information like internet protocol (IP) addresses, browser type, referring/exit pages, operating system, date/time stamp, and clickstream data in log files. All these are done without the Users being aware that they are occurring.
The Company, third-party vendors and service providers engaged by the Company use the Company’s cookies and third-party cookies, such as the Google Analytics cookies, together to inform, optimize, and serve marketing materials based on the Users’ past visits to or uses of the Channels. Please visit https://networkadvertising.org/managing/opt_out.asp for details.
The Company does not link the information and data automatically collected in the above manner to any personally identifiable information. The Company generally uses such automatically collected information and data to estimate the audience size of the Channels, gauge the popularity of various parts of the Channels, track Users’ movements and number of entries in the Company’s promotional activities and special events, measure Users’ traffic patterns and administer the Channels. Such automatically collected information and data will not be disclosed save and except in accordance with the Section 3 entitled “Disclosure or Transfer of Data”.
Google Analytics Advertising Features (“Features”) are implemented on the Channels. The Features which the Company has implemented are based on Google Analytics Demographics and Interest Reporting.
Google Analytics is a web analysis service provided by Google which utilizes the data collected to track and examine the use of the Channels, to prepare reports on the Users’ activities and share them with other Google services. Google may use the data collected to contextualize and personalize the marketing materials of its own advertising network. For details on how Google uses data when Users use the Channels, please visit https://www.google.com/policies/privacy/partners.
Users can opt out of Google Analytics here.
The Channels may provide links to other websites / media platforms / applications which are not owned or controlled by the Company. Personal information and data from Users may be collected on these other websites / media platforms / applications when Users visit such websites / media platforms / applications and make use of the services provided therein. Where and when Users decide to click on any advertisement or hyperlink on the Channels which grants Users access to another website / media platforms / applications, the protection of Users’ personal information and data which are deemed to be private and confidential may be exposed in these other websites / media platforms / applications.
Non-registered Users who gain access to the Channels via their accounts in online social networking tools (including but not limited to Facebook or Google) are deemed to have consented to the terms of this Privacy Policy, and such Users’ personal data which they have provided to those networking tools may be obtained by the Company and be used by the Company and its authorized persons in and outside of the User’s country for the purpose of providing services and marketing materials to the Users.
If a User login to any Channels with his/her Facebook account, the Company will collect and store the User’s personal profile and information, such as User’s name, profile picture, gender, friend list, which the User has chosen to make available to the Channels. If a User login to any Channels with his/her Google account, the Company will collect such User’s email address associated with his/her Google account and store such email address in the system of the Company as a unique identifier which will be combined with other personal data of such User collected by the Company when he/she uses services provided by the Company. These Users are deemed to have consented to the Company and its authorized personnel’s access and use of their personal data so obtained for the purposes as stipulated under Clause 1 above and/or share their personal data pursuant to Clause 3 above, subject to the other provisions of the Privacy Policy.
This Privacy Policy is only applicable to the Channels. Users are reminded that this Privacy Policy grants no protection to Users’ personal information and data that may be exposed on websites / media platforms / applications other than the Channels, and the Company is not responsible for the privacy practices of such other websites / media platforms / applications. Users are strongly recommended to refer to the privacy policy of such other websites / media platforms / applications. For the avoidance of doubt, the Company assumes no responsibility or liability for Users’ use of such other websites / media platforms / applications.
The security of Users’ personal information and data is important to the Company. The Company will always strive to ensure that Users’ personal information and data will be protected against unauthorized access. The Company has implemented appropriate electronic and managerial measures in order to safeguard, protect and secure Users’ personal information and data.
All personal information and data provided by Users are only accessible by the authorized personnel of the Company or its authorized third parties, and such personnel shall be instructed to observe the terms of this Privacy Policy when accessing such personal information and data. Users may rest assured that their personal information and data will only be kept for as long as is necessary to fulfil the purpose for which it is collected, unless Users request the Company to cease to hold the same or terminate his/her membership account with the Company. Such request may render the Company unable to further provide its services, information and/or promotional materials for your benefit in the future.
Registered Users should safeguard his/her unique Username and Password by keeping it secret and confidential and never share these details with anyone.
The Company follows generally accepted industry standards to protect the personal information and data submitted by Users to the Channels, both during transmission and once the Company receives it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while the Company strives to protect Users’ personal information and data against unauthorized access, the Company cannot guarantee its absolute security.
The Company would like to help Users keep his/her personal information accurate and up-to-date. To view or edit personal information that has been stored at the Channels, please visit the “Login” section of KeepDiving.com.
Any User may make a data access request or a data correction request at any time by contacting the Customer Relationship Executive of the Company, whose contact details are set out under Section 14. entitled “Enquiries” below.
In the event that a User wishes to access or amend his/her personal information and data, the Company may request him/her to provide personal details in order to verify and confirm his/her identity. HKID card number or passport number or business registration certificate number cannot be amended unless such data is proved to be inaccurate. The Company will respond to Users’ request within 40 days of his/her request.
If Users do make a data access request and if the Company deems the same as appropriate, only a copy of his/her personal data would be provided.
Once the Company has obtained a User’s personal information and/or data, it will be maintained securely in the Company’s system. Subject to legal requirements, the personal information and/or data of Users will be retained by the Company until the User requests the Company in writing to erase his/her own personal information and/or data from the Company’s database or to terminate his/her membership of the Channels.
If you are a visitor from the European Economic Area (EEA), your rights under General Data Protection Regulation (GDPR) in relation to your personal data are subject to the protections offered by EU law and briefly summarized below:-
a. Access. You have the right to know whether the Company processes your personal data, and if we do, you have the right to request a copy of the personal information the Company is processing about you, which the Company will provide back to you in electronic form. For your own privacy and security, in our discretion the Company may require you to prove your identity before providing the requested information. If you require multiple copies of your personal data, the Company may charge a reasonable administration fee.
b. Rectification. You have the right to have incomplete or inaccurate personal information that the Company processes about you rectified. Note that you can always make certain adjustments to certain personal information by contacting the Customer Relationship Executive of the Company, whose contact details are set out under Paragraph 15. entitled “Enquiries” below.
c. Deletion. You have the right to request the Company to delete personal information that the Company processes about you, except the Company is not obligated to do so if the Companies need to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.
d. Restriction. You have the right to restrict our processing of your personal information where you believe such data to be inaccurate, our processing is unlawful or that the Company no longer needs to process such data for a particular purpose. However, this will not affect the lawfulness of any processing carried out before your request and that the Company may not be able to provide certain products or services to you.
e. Portability. You have the right to obtain personal information the Company holds about you, in a structured, electronic format, and to transmit such data to another data controller. Please note that this right only applies to automated information which you initially provided consent for us to use (such as for direct marketing communications) or where we used the information to perform a contract with you.
f. Withdrawing Consent. If you have consented to the Company’s processing of your personal information, you have the right to withdraw your consent at any time. This includes cases where you wish to opt out from marketing messages that you receive from the Company.
To exercise any of these rights, please contact the Company by emailing the Company at [email protected] or by writing to Flat P, 13/F, King Win Factory Building, 65-67 King Yip Street, Kwun Tong, Hong Kong and the Company will respond within 30 days. Please note that if you are not subject to EU law, these rights do not apply to you.
The Company reserves the right to update, revise, modify or amend this Privacy Policy in the following manner at any time as the Company deems necessary and Users are strongly recommended to review this Privacy Policy frequently. If the Company decides to update, revise, modify or amend this Privacy Policy, the Company will post those changes to this webpage and/or other places the Company deems appropriate so that Users would be aware of what information the Company collects, how the Company uses it, and under what circumstances, if any, the Company discloses it.
If the Company makes material changes to this Privacy Policy, the Company will notify Users on this webpage, by email, or by means of a notice on the home page of the Company.
Should there be any inconsistency between the English version and any version in other language, the English version shall always prevail.
If there is any query, please click here to contact our Customer Relationship Executive or in writing to Flat P, 13/F, King Win Factory Building, 65-67 King Yip Street, Kwun Tong, Hong Kong.