PRIVACY POLICY 

Effective Date: 24-Jul-2023
Last Updated: 24-Jul-2023

We welcome you to our website and we invite you to read our Cookies and Privacy Policy before you provide your personal data.

At TENERIFE DIVE EXPERIENCE we know that the privacy of our clients and users is a matter of vital importance. Consequently, we apply a transparency privacy policy to all our processes, so that users are always informed and have control over their personal data.

We ask you to read each of these terms carefully, which are intended to regulate access and use, and in general, the relationship between this website and its users.

Principles applicable to the processing of personal data

As a user you should know that your rights are guaranteed when you use or browse this website. Below, you can see what our principles regarding your privacy are:

• Principle of legality, loyalty and transparency: The data requested from the interested parties will be adequate, specific and necessary for the purpose for which they are collected, and will not be used for a purpose other than that for which they were collected, without the prior and express authorization of the user.
• Principle of data minimization: Only those data that are strictly necessary in relation to the purposes for which they are requested will be requested, which will always be the essential minimum.
• Principle of limitation of the conservation period: The data will only be kept for the time necessary for the purposes of the treatment, depending on the purpose.
• Principle of integrity and confidentiality: The data you provide us will be treated in a way that guarantees their security and integrity, as well as their confidentiality. All necessary measures are taken to prevent unauthorized access or misuse of user data by unauthorized third parties.
• Principle of proactive responsibility: the Data Controller will be responsible for ensuring that the above principles are met.
• Purpose limitation principle: personal data will be collected for specific, explicit and legitimate purposes.
• Principle of accuracy: personal data must be exact and always up to date.

This Privacy Policy may vary depending on legislative requirements, and will also be applicable to any of the blogs or social networks associated with our Website.

Categories of personal data

The categories of data that are processed at www.tenerifediveexperience.com are only identifying data. In no case are special categories of personal data processed within the meaning of Article 9 of the GDPR.

Application regulations

Respecting the provisions of current legislation, www.tenerifediveexperience.com (hereinafter, website) undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

Laws that incorporate this privacy policy

This privacy policy is adapted to current Spanish and European regulations on the protection of personal data on the Internet. Specifically, it respects the following rules:

• Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD).
  Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
• Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
• Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE).
• Organic Law 15/1999, of December 13, Protection of Personal Data (LOPD), and Royal Decree 1720/2007, of December 21, the Regulations for the development of the LOPD. It also complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons (RGPD), as well as Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSICE or LSSI).

Responsible for data processing

• Identity of the person in charge: TENERIFE DIVE EXPERIENCE, S.L.
  CIF: B76778521
  
• Address: Av. Bruselas 20 Fañabe Plaza Shopping Center. Local 126, 38660 – Adeje, (Tenerife)
  
• Telephone: 615991560
  
• Email: info@tenerifediveexperience.com

Data Protection Officer (DPD)

The Data Protection Officer (DPD, or DPO) is in charge of ensuring compliance with the data protection regulations to which www.tenerifediveexperience.com is subject. The user can contact the DPO designated by the Data Controller using the following contact details:

Name: Jorge M. Vieiro Iglesias
Telephone: 674781762
Email: jorge.vieiro@tenerifediveexperience.com
Registration of Personal Data

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by www.tenerifediveexperience.com through the forms provided on its pages will be incorporated and will be processed in our files in order to facilitate, expedite and fulfill the commitments established between Tenerife Dive Experience and the user or to maintain the relationship established in the forms that the user fills out, or to attend to a request or query from the user. Likewise, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in article 30.5 of the RGPD is applicable, a record of treatment activities is kept that specifies, according to their purposes, the treatment activities carried out and the other circumstances established in the RGPD.

How have we obtained your data?

The personal data we process comes from:

• Contact forms.
• Subscription forms.
• Comments on social networks.
• Sales forms.
• Account records.
• Information about preferences, interests and browsing history on this website through traceability techniques.

Our website does not process data that reveals ethnic or racial origin, political opinions, religious or philosophical convictions, or union affiliation, genetic data, biometric data intended to identify a natural person, data relating to health or data relating to the sexual life or sexual orientation of a natural person.

For what purpose do we process your personal data?

Personal data is collected and managed by TENERIFE DIVE EXPERIENCE in order to facilitate, expedite and fulfill the commitments established between the website and the user or to maintain the relationship established in the forms that the latter fills out or to attend to a request or query.

Likewise, the data may be used for commercial personalization, operational and statistical purposes, and activities inherent to the corporate purpose of TENERIFE DIVE EXPERIENCE, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the user, as well as improve the quality, operation and navigation of the website.

At the time the personal data is obtained, the user will be informed about the specific purpose or purposes of the treatment for which the personal data will be used; that is, the use or uses that will be given to the information collected.

When a user uses our website, they may be providing personal information, such as IP address, first and last name, physical address, email address, telephone number, or any other information that the user wishes to provide through contact forms or any other means. By providing this information, the user gives his consent for said information to be collected, used, managed and stored by TENERIFE DIVE EXPERIENCE according to the terms established in this Privacy Policy.

TENERIFE DIVE EXPERIENCE obtains the user’s personal data for the following purposes:

• Processing and management of requests.
• Execution of the order on the goods identified in the request.
• Participation in selection processes for which the user sends his curriculum vitae.
• Request for services and/or products offered and maintenance, development, management and control of the relationship established through the request.
• Subscription to online newsletters, web pages and commercial and promotional communications related to the services offered by TENERIFE DIVE EXPERIENCE.
• Compliance with obligations and duties imposed on TENERIFE DIVE EXPERIENCE by the laws in force at any time.

Other non-identifying data is also collected, which is obtained through some cookies that are downloaded to the user’s computer when browsing this website. This information is detailed in the Cookies Policy.

TENERIFE DIVE EXPERIENCE may carry out the processing of personal data, directly or through third parties acting on its own, as data processors, with full respect for the duty of secrecy and in compliance at all times with current regulations on the Protection of Personal Data.

In the event that the user accesses other web pages, whose links appear on the TENERIFE DIVE EXPERIENCE website itself, the latter is not responsible for the processing of personal data that said web pages make of the data provided.

For the purposes of the provisions of the General Data Protection Regulation, the personal data that you send us through the Web forms will receive the data treatment called “Web users”.

How long will your data be kept?

Personal data will only be retained for the minimum time necessary for the purposes of their treatment and, in any case, only during the period in which the obligations derived from each one of them prescribe.

We will retain and use your Personal Data to the extent necessary for the fulfillment of our legal obligations, to resolve disputes, and to enforce our contracts
and policies.

Laws may require Tenerife Dive Experience to store certain information for a specific period. In other situations, SSI may store the information for an appropriate period after any relationship ends in order to protect itself from any legal claims or to manage its affairs.

At the time the personal data is obtained, the user will be informed about
of the period during which the personal data will be kept or, when this is not
Where possible, the criteria used to determine this term.

The personal data provided will be kept:

• As long as the business relationship is maintained.
  
• The exercise of any of the Rights of the interested party is not requested.
  
• During the time necessary to comply with legal obligations.

Legal Basis for processing your data

The legal basis for the processing of your data is the consent of the user. TENERIFE DIVE EXPERIENCE undertakes to obtain the express and verifiable consent of the user for the processing of their personal data for one or more specific purposes.

Users consent to the processing of their data in the terms indicated above by accepting this Privacy Policy when registering as a user of TENERIFE DIVE EXPERIENCE, or when sending information or using any of the means of contact provided on the website, or when contracting a specific service that requires said treatment. To contact or make comments on this website, consent is required with this privacy policy. The contracting of products and services will be governed by the terms and conditions that appear in the Legal Notice.

In any case, TENERIFE DIVE EXPERIENCE will cancel the registered data as soon as they are no longer necessary or relevant for the purpose for which they were collected, being able to keep them -duly blocked- during the time in which some type of responsibility derived from a relationship or legal obligation or from the execution of a contract or from the application of pre-contractual measures requested by the interested party may be required.

The user will have the right to withdraw their consent at any time. As a general rule, the withdrawal of consent will not condition the use of the website.

In the occasions in which the user must or can provide their data through forms to make inquiries, request information or for reasons related to the content of the website, they will be informed in the event that the completion of any of them is mandatory because they are essential for the correct development of the operation carried out.

To which recipients will your data be communicated?

To provide the necessary services for the development of its activity, TENERIFE DIVE EXPERIENCE may share data with external providers, under their corresponding privacy conditions.

External providers will have access to the personal information necessary to perform their functions as Treatment Managers, but may not use it for other purposes. In addition, they must treat personal information in accordance with this Privacy Policy and the applicable legislation on data protection.

Some of our providers are located in the European Area (EU) and others may be located outside of the EU. By using the TENERIFE DIVE EXPERIENCE website, the user authorizes the transfer of their personal data to the servers of external providers and the processing of their personal data in the countries of these third parties, for the purposes established in this privacy policy, and acknowledges that their personal data may be transmitted to these third parties for the aforementioned purposes.

In particular, the external service providers of TENERIFE DIVE EXPERIENCE, who can save personal data are the following:

Suppliers located outside the EU:

Google: Our website uses the services to analyze the use and optimize the performance of the website. Google processes the information on its own servers, so your personal data will be located outside the EU. Google is located at 1600 Amphitheater Parkway, Mountain View (California) CA 94043, USA and has certified its adherence to the Safe Harbor Agreement, which guarantees that all transferred data will be treated with a level of protection in accordance with European regulations.

What are your rights when providing us with your data?

Interested persons have the right to:

• Request information about the personal data we maintain.
• Request its rectification or deletion.
• Request the limitation of your treatment.
• Oppose the treatment.
• Request data portability.

Users may access their personal data, as well as request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected.

In certain circumstances, the interested parties may request the limitation of the processing of their data, in which case, they will only be kept for the exercise of the defense of claims, as well as to oppose their processing. In both cases TENERIFE DIVE EXPERIENCE will stop processing the data, except for legitimate reasons, or to exercise the defense of possible claims. They may also request the portability of their data.

Users will also have the right to effective judicial protection and to file a claim with the control authority, at www.agpd.es, if they consider that the processing of personal data that concerns them violates current regulations.

Accuracy and veracity of the data

The data provided by the user must be true, exact, complete and up-to-date.

The user will be solely responsible for any damage or harm, direct or indirect, caused to TENERIFE DIVE EXPERIENCE or to any third party, in the case of filling in the forms with false, inaccurate, incomplete or out-of-date data, or with data from third parties without having previously obtained their consent, prior to its communication to TENERIFE DIVE EXPERIENCE.

Social networks

Likewise, your personal data may also be processed for the purpose of managing social networks. TENERIFE DIVE EXPERIENCE has a presence on the following social networks: Youtube, Instagram, Twitter, Facebook, Yumping, Groupon, Tripadvisor, Isla de Regalos and Google+.

The treatment of the data of users who become followers on social networks will be governed by this section, as well as by those conditions of use, privacy policies and access regulations that belong to the social network that is appropriate in each case, and previously accepted by the user. TENERIFE DIVE EXPERIENCE will process your data for the purpose of correctly managing your presence on the social network, reporting on activities, products or services of TENERIFE DIVE EXPERIENCE. In the event that a user leaves a comment or interacts on the social networks in which TENERIFE DIVE EXPERIENCE is present, they should know that their data may be published in the environment in which they operate, that is, they will be expressly authorizing the communication of their data, associated with the action they perform, to other users who access the website or social network.

The user may only publish on the social networks of TENERIFE DIVE EXPERIENCE personal data, photographs and information or other content whose ownership and property belongs to him or with respect to which he has the authorization of third parties.

TENERIFE DIVE EXPERIENCE warns the user that this entity is not responsible for and cannot guarantee the confidentiality and security of data processing that may be carried out by YouTube, Instagram, Twitter, Facebook, Yumping, Groupon, Tripadvisor, Isla de Regalos and Google+; as well as by third parties that could access such data due to the provision of their services, the exercise of their activity or third parties that establish hyperlinks to said social networks.

Secret and security of personal data

Tenerife Dive Experience undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, in order to guarantee the security of personal data and prevent accidental or illegal destruction, loss or alteration of personal data transmitted, stored or processed in another way, or unauthorized communication or access to said data.

However, since Tenerife Dive Experience cannot guarantee the impregnability of the internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the user without undue delay when a breach of personal data security occurs that is likely to entail a high risk to the rights and freedoms of natural persons. Pursuant to the provisions of article 4 of the GDPR, a breach of the security of personal data is understood as any breach of security that causes the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or processed in another way, or unauthorized communication or access to such data.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform and guarantee through a legal or contractual obligation that said confidentiality is respected by its employees, associates, and any person to whom the information is made accessible.

What are your rights when providing us with your data?

Users may access their personal data, as well as request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected.

In certain circumstances, the interested parties may request the limitation of the processing of their data, in which case, they will only be kept for the exercise of the defense of claims, as well as to oppose their processing. In both cases TENERIFE DIVE EXPERIENCE will stop processing the data, except for legitimate reasons, or to exercise the defense of possible claims. They may also request the portability of their data.

Users will also have the right to effective judicial protection and to file a claim with the control authority, at www.agpd.es, if they consider that the processing of personal data that concerns them violates current regulations.

Rights derived from the processing of personal data

The user has about Tenerife Dive Experience and may, therefore, exercise the following rights recognized in the GDPR and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:

• Right of access: it is the user’s right to obtain confirmation of whether or not Tenerife Dive Experience is treating their personal data and, if so, to obtain information about their specific personal data and the treatment that Tenerife Dive Experience has carried out or is carrying out, as well as, among other things, the information available on the origin of said data and the recipients of the communications made or planned thereof.
• Right of rectification: it is the right of the user to modify their personal data that turns out to be inaccurate or, taking into account the purposes of the treatment, incomplete.
• Right of deletion: it is the user’s right, provided that current legislation does not establish otherwise, to obtain the deletion of their personal data when they are no longer necessary for the purposes for which they were collected or processed; the user has withdrawn his consent to the treatment and this does not have another legal basis; the user opposes the treatment and there is no other legitimate reason to continue with it; the personal data has been unlawfully processed; the personal data must be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a child under 14 years of age. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its application, must take reasonable steps to inform the controllers who are processing the personal data of the request of the interested party to delete any link to that personal data.
• Right to limitation of processing: it is the user’s right to limit the processing of their personal data. The user has the right to obtain the limitation of the treatment when they challenge the accuracy of their personal data; the treatment is unlawful; the Data Controller no longer needs the personal data, but the user needs it to make claims; and when the User has opposed the treatment.
• Right to data portability: in the event that the treatment is carried out by automated means, the user will have the right to receive from the Data Controller their personal data in a structured, commonly used and machine-readable format, and to transmit them to another data controller. Whenever technically possible, the Data Controller will directly transmit the data to that other controller.
• Right of opposition: it is the right of the user not to carry out the processing of their personal data or to cease their processing by Tenerife Dive Experience.
• Right not to be subject to a decision based solely on automated processing, including profiling: it is the user’s right not to be subject to an individualized decision based solely on the automated processing of their personal data, including profiling, existing unless current legislation establishes otherwise.
  Thus, the user may exercise their rights by written communication addressed to the Data Controller with the reference “RGPD- Tenerife Dive Experience, specifying:
• Name, surname of the user and copy of the DNI. In the cases in which the representation is admitted, the identification by the same means of the person representing the user, as well as the document accrediting the representation, will also be necessary. The photocopy of the DNI may be replaced by any other legally valid means that proves the identity.
• Request with the specific reasons for the request or information to which you want to access.
• Address for the purpose of notifications.
• Date and signature of the applicant.
• Any document that proves the request made.

This application and any other attached document may be sent to the following address and/or email:

Postal address: Av. Bruselas 20 Fañabe Plaza Shopping Center. Local 126, 38660 – Adeje, (Tenerife)

Email: jorge.vieiro@tenerifediveexperience.com

Links to third party websites

The website may include hyperlinks or links that allow access to web pages of third parties other than Tenerife Dive Experience, and therefore are not operated by Tenerife Dive Experience. The owners of said websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

Claims before the control authority

In the event that the user considers that there is a problem or infringement of current regulations in the way in which their personal data is being processed, they will have the right to effective judicial protection and to file a claim with a control authority, in particular, in the State in which they have their habitual residence, place of work or place of the alleged infringement. In the case of Spain, the control authority is the Spanish Data Protection Agency (http://www.agpd.es).

Acceptance and changes to this privacy policy

It is necessary that the user has read and is in agreement with the conditions on the protection of personal data contained in this Privacy Policy, as well as that they accept the processing of their personal data so that the Data Controller can proceed to it in the manner, during the terms and for the purposes indicated. The use of the website will imply the acceptance of the Privacy Policy.

Tenerife Dive Experience reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Agency for Data Protection. Changes or updates to this Privacy Policy will be explicitly notified to the user.

This Privacy Policy was updated on July 24, 2018 to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.